Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.703 - General provisions relating to the Northern Southeast Inside sablefish longline, Southern Southeast Inside sablefish longline, and Southern Southeast Inside sablefish pot fisheries point systems

Current through May 31, 2024
(a)
Eligibility.
The commission will accept an application only from an
				applicant who has harvested the fishery resource commercially while participating
				in the fishery as the holder of a gear license issued under
				AS
				16.05.536-16.05.670 and an interim-use permit
				issued under
				AS
				16.43.210(a) during at least
				one of the calendar years 1975 - 1984.
(b)
Joint Operators.
If two or more
				individuals acted as joint operators on the same vessel during a season, the
				commission will allocate the joint operation's annual catch value and pounds
				landed from that vessel among the joint operators, regardless of whether all
				joint operators apply for an entry permit, for the purposes of equitably
				determining skipper participation points and relative income dependence points
				for each joint operator who is an applicant. The following will be used to make
				the allocations and determine points:
(1) The
				pounds landed and annual catch value allocated to each individual who is party to
				the joint operation will be based upon ADF&G catch records (fish tickets)
				recorded under each applicant's interim-use permit unless it is demonstrated that
				those records do not accurately reflect the pounds landed and the annual catch
				value.
(2) If the commission finds
				that the actual distributions of a joint operation's pounds landed and annual
				catch value 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 operation's pounds landed and annual catch value based on the available
				evidence. The sum of the pounds landed allocated to each joint operator will not
				exceed the total pounds landed from the vessel, and the sum of the annual catch
				values allocated to each joint operator will not exceed the total annual catch
				value of the vessel.
(3) A skipper
				may challenge a commission finding that he or she engaged in a joint operation by
				requesting a hearing and, if a hearing is granted, presenting evidence as to
				their actual participation.
(4) After
				the pounds landed and annual catch value of the joint operation have been
				allocated among the joint operators in accordance with (1) - (3) of this
				subsection, skipper participation points and relative income dependence points
				will be determined for each joint operator who was a skipper as defined in
				20 AAC 05.713(9) as follows:
(A) Skipper participation points will be
				determined in accordance with
				20 AAC 05.705(a) (1),
				20 AAC 05.707(a) (1), and
				20 AAC 05.709(a) (1).
(B) Relative income dependence points will be
				determined in accordance with
				20 AAC 05.705(b) (2),
				20 AAC 05.707(b) (2), and
				20 AAC 05.709(b) (2).