reglab/housing_qa huggingface dataset:
AK Stat § 16.43.200 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.200. Administrative areas.

(a) The commission shall establish administrative areas suitable for regulating and controlling entry into the commercial fisheries. The commission shall make the administrative areas reasonably compatible with the geographic areas for which specific commercial fishing regulations are adopted by the Board of Fisheries. (b) The commission may modify or change the boundaries of administrative areas when necessary and consistent with the purposes of this chapter.
AK Stat § 16.43.210 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.210. Interim-use permit; qualifications.

(a) For each fishery that is not subject to a maximum number of entry permits under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the commission shall issue interim-use permits under regulations adopted by the commission to all applicants who can establish their present ability to participate actively in the fishery for which they are making application. (b) Before the issuance of the maximum number of entry permits for a given fishery, the commission may issue an interim-use permit to an applicant who may later become eligible for an entry permit under AS 16.43.270. (c) To the extent that the commissioner of fish and game authorizes it under AS 16.05.050(a)(9), the commission may grant an interim-use permit to a person to engage in the commercial taking from a fishery on an experimental basis. (d) The sustained yield management and economic health of the following fisheries is severely impaired as a result, among other factors, of too many units of gear participating in the commercial harvest: (1) Bristol Bay registration area - drift gillnet fishery; (2) Cook Inlet registration area - drift gillnet fishery; (3) Prince William Sound registration area - drift gillnet fishery. (e) [Repealed, § 69 ch 6 SLA 1984.]
AK Stat § 16.43.220 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.220. Terms and conditions of interim-use permits.

(a) The commission shall adopt regulations specifying the dates and places of application, the procedures to be followed in renewal of the interim-use permit including the time, place of its renewal, and for any other purpose incident to the administration of interim-use permits for that fishery. An interim-use permit shall expire upon the final determination of the holder's eligibility for an entry permit. (b) [Repealed, § 9 ch 73 SLA 1977.] (c) The holder of an interim-use permit shall have the permit in possession at all times when engaged in the operation of the gear for which it was issued.
AK Stat § 16.43.225 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.225. Moratorium on new entrants into certain fisheries.

(a) Subject to (b) of this section, the commission may establish a moratorium on new entrants into a fishery (1) that has experienced recent increases in fishing effort that are beyond a low, sporadic level of effort; (2) that has achieved a level of harvest that may be approaching or exceeding the maximum sustainable level for the fishery; and (3) for which there is insufficient biological and resource management information necessary to promote the conservation and sustained yield management of the fishery. (b) The commission may establish a moratorium on new entrants into a fishery described in (a) of this section if (1) the commissioner of fish and game, subject to AS 16.05.251(g), petitions the commission under AS 44.62.220 to establish a moratorium on new entrants into the fishery; and (2) the commission finds that (A) the fishery has reached a level of participation that may threaten the conservation and the sustained yield management of the fishery resource and the economic health and stability of commercial fishing; and (B) the commission has insufficient information to conclude that the establishment of a maximum number of entry permits under AS 16.43.240 would further the purposes of this chapter. (c) The commission may establish a moratorium under this section for a continuous period of up to four years. A fishery that has been subject to a moratorium under this section may not be subjected to a subsequent moratorium under this section unless five years have elapsed since the previous moratorium expired. (d) While a moratorium is in effect, the commission shall conduct investigations to determine whether a maximum number of entry permits should be established under AS 16.43.240 by (1) conducting research into conditions in the fishery; (2) consulting with the Department of Fish and Game and the Board of Fisheries; and (3) consulting with participants in the fishery. (e) The commission shall establish by regulation the qualifications for applicants for an interim-use permit for a fishery subject to a moratorium under this section. The qualifications must include the minimum requirements for past or present participation and harvest in the fishery. The commission may not issue an interim-use permit for a fishery subject to a moratorium under this section unless the applicant can satisfy the qualifications established under this subsection and establish the present ability and intent to participate actively in the fishery.
AK Stat § 16.43.227 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.227. Southeast Alaska Dungeness crab fishery.

(a) The commission may establish a moratorium on new entrants into the southeast Alaska Dungeness crab fishery for a continuous period of up to four years without complying with AS 16.43.225(a) - (c). While the moratorium is in effect, the commission shall (1) conduct the investigation required under AS 16.43.225(d); (2) establish by regulation the qualifications for an interim-use permit for the fishery, including minimum requirements for past or present participation and harvest in the fishery; and (3) issue interim-use permits for the fishery to applicants who satisfy the qualifications established under (2) of this subsection and who establish the present ability and intent to participate actively in the fishery. (b) Notwithstanding AS 16.43.225, for the purposes of this chapter (1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225; (2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225.
AK Stat § 16.43.228 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.228. Southeast Alaska dive fisheries.

(a) [Repealed, § 4 ch 125 SLA 1996.]  (b) [Repealed, § 4 ch 125 SLA 1996.]  (c) [Repealed, § 4 ch 125 SLA 1996.]  (d) [Repealed, § 4 ch 125 SLA 1996.]  (e) [Repealed, § 22 ch 9 SLA 2014.]  (f) Notwithstanding AS 16.43.225, for the purposes of this chapter, (1) an interim-use permit issued under this section shall be treated as an interim-use permit issued under AS 16.43.225; (2) a moratorium established under this section shall be treated as a moratorium established under AS 16.43.225. (g) The commission may not consider participation in a fishery, subject to a moratorium on entry under this section, that occurs during the period of the moratorium in determining eligibility for an entry permit that may be issued for the fishery after termination of the moratorium.
AK Stat § 16.43.230 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.230. Designation of distressed fisheries.

Pending the determination of maximum numbers of entry permits under AS 16.43.240 and before the initial issue of entry permits under AS 16.43.270, the commission shall designate as distressed fisheries those for which it estimates that the optimum number of entry permits will be less than the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.
AK Stat § 16.43.240 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.240. Determination of the maximum number of entry permits for initial issue.

(a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973. (b) When the commission finds that a fishery, not designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has reached levels of participation that require the limitation of entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery. (c) When the commission finds that a fishery subject to a moratorium under AS 16.43.225 has reached levels of participation that require the limitation of entry under AS 16.43.140 - 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
AK Stat § 16.43.260 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.260. Application for initial issue of entry permits.

(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 - 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes. (b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant's qualifications under the regulations adopted under AS 16.43.250. (c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110(b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit. (d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1, 1973. (e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made. (f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant's qualifications as of the effective date of the statute or regulation establishing the moratorium.
AK Stat § 16.43.270 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 3. Initial Issuance of Entry Permits.|Sec. 16.43.270. Initial issuance of entry permits.

(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit. (b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater. (c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section. (d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.
AK Stat § 16.43.290 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 4. Reduction to Optimum Number of Entry Permits.|Sec. 16.43.290. Optimum number of entry permits.

Following the issuance of entry permits under AS 16.43.270, the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number of entry permits sufficient to maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear; (2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques; (3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.
AK Stat § 16.43.300 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 4. Reduction to Optimum Number of Entry Permits.|Sec. 16.43.300. Revisions of optimum number of entry permits.

(a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter: (1) an established long-term change in the biological condition of the fishery has occurred that substantially alters the optimum number of entry permits permissible applying the standards set out in AS 16.43.290; (2) an established long-term change in market conditions has occurred, directly affecting the fishery, that substantially alters the optimum number of entry permits permissible under the standards set out in AS 16.43.290. (b) If the commission decreases the optimum number of entry permits for a fishery, the number of entry permits may be reduced only under the voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320.
AK Stat § 16.43.310 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 4. Reduction to Optimum Number of Entry Permits.|Sec. 16.43.310. Establishment of buy-back funds and permit buy-back assessments.

(a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery. (b) The commission may establish by regulation a permit buy-back assessment for each fishery for which the commission has established a buy-back fund under (a) of this section. The amount of the assessment may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to the assessment removes from the state or transfers to a buyer in the state. The Department of Revenue shall collect an assessment established under this subsection. (c) The commission shall expend money appropriated to a buy-back fund for the purpose of reducing the number of entry permits in the fishery to the optimum number, at a rate to be established by the commission. The legislature may appropriate interest accrued on the money in a buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse.
AK Stat § 16.43.320 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 4. Reduction to Optimum Number of Entry Permits.|Sec. 16.43.320. Administration of the buy-back program.

The commission shall adopt regulations providing for the purchase of transferable entry permits with money in the buy-back fund for each fishery. The commission shall cease purchases of entry permits in a fishery when the number of entry permits in the fishery has been reduced to the optimum number. The commission shall terminate a buy-back assessment established for a fishery under AS 16.43.310(b) when the commission determines that the amount of revenue collected through the assessment is sufficient to purchase the number of entry permits necessary to achieve the optimum number of entry permits in the fishery and to offset the reasonable costs of the buy-back program for the fishery, including repayment of any debt the commission was authorized to incur to capitalize the buy-back fund for the fishery. The unexpended balance of appropriations made to a buy-back fund for a fishery shall lapse back into the fund from which the money was appropriated at the end of the fiscal year in which the buy-back program is terminated.
AK Stat § 16.43.330 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 4. Reduction to Optimum Number of Entry Permits.|Sec. 16.43.330. Issuance of new entry permits; appropriations related to fleet reduction.

(a) When the number of outstanding entry permits for a fishery is less than the optimum number established under AS 16.43.290, the commission shall issue new entry permits to applicants who are presently able to engage actively in the fishery until the optimum number is reached. (b) The commission shall determine equitable methods of issuance, as appropriate, under (a) of this section that assure the receipt of fair market value for the permits issued. (c) If a salmon fishery association qualified under AS 16.40.250 takes part in a fleet reduction program by expending money or incurring debt to contract with permit holders to relinquish the holders' entry permits under AS 16.43.150(i), and if this section requires additional permits to be issued for the same fishery in which the fleet reduction program was implemented, the legislature may appropriate any resulting revenue to the association for reimbursement of money expended or to retire any outstanding debt incurred for fleet reduction purposes. An appropriation under this subsection must be made within 30 years after the date the money was expended or debt incurred.
AK Stat § 16.43.340 (2021)
2021 Alaska Statutes|Title 16. Fish and Game|Chapter 43. Regulation of Entry into Alaska Commercial Fisheries|Article 5. Educational Entry Permits.|Sec. 16.43.340. Educational entry permits.

(a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, or denominational educational institutions accredited by the Department of Education and Early Development or accredited institutions, career, or vocational programs approved by the Alaska Commission on Postsecondary Education, or full-time nonprofit residential child care facilities licensed by the Department of Health and Social Services, division of social services, if (1) the program is offered to students at the junior high school level or above; (2) the issuance of an educational entry permit is reasonably necessary to the instruction of students under courses offered by the applicant for the educational entry permit; (3) the program is offered by an institution that is located in the state and has been in operation for at least two years; and (4) the institution offering the program is not a correspondence institution. (b) An educational entry permit may only be used in a program conducted by the recipient of the permit for the purpose of training students in the methods of commercial fishing. (c) The commission may issue educational entry permits notwithstanding the establishment of maximum or optimum numbers under AS 16.43.240 and 16.43.290.