20 AAC 05.772 - General provisions relating to Southeastern Alaska shrimp pot fishery

(a) To be eligible to apply for an entry permit in the Southeastern Alaska shrimp pot fishery, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during at least one of the years from 1991 through 1995.

(b) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed from the vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of determining past participation and consistent participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points:

(1) the pounds landed allocated to each individual who is party to the joint operation will be based on ADF&G catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the pounds landed;

(2) if the commission finds that the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the joint operation's pounds landed based on available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel;

(3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation and consistent participation points will be determined for each joint operator as follows:

(A) past participation and economic dependence will be determined in accordance with 20 AAC 05.774(a);

(B) consistent participation and economic dependence will be determined in accordance with 20 AAC 05.774(b).

Notes

20 AAC 05.772

Eff. 1/2/96, Register 136; am 12/4/96, Register 140

Authority:AS 16.43.100

AS 16.43.110

AS 16.43.250

AS 16.43.260