Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 2 - Fishery Identification System, Administrative Areas and Annual Fees › 20 AAC 05.245 - Schedule of annual fees

Current through May 31, 2024
(a) The commission
				will determine, on a yearly basis, the annual fee for the issuance or renewal of
				an entry permit or interim-use permit according to the following:
(1) the annual base fee for the issuance or
				renewal of an entry permit or interim-use permit in a limited fishery is
				four-tenths of one percent of the estimated value of the entry permit, as
				determined under
				20 AAC 05.1990, rounded to the nearest fee class amount
				established in (4) of this subsection; if insufficient data are available to
				determine the estimated value of an entry permit or no permit sale values have
				been recorded for the most recent three years, the annual fee in a limited
				fishery will be calculated according to (2) or (3) of the subsection;
(2) the annual base fee for the issuance or
				renewal of an interim-use permit in an unlimited fishery is four-tenths of one
				percent of the estimated average gross earnings per permit in the most recent
				three years for which data are available, rounded to the nearest fee class amount
				established in (4) of this subsection;
(3) notwithstanding (1) and (2) of this
				subsection, and subject to the limits for an annual base fee in
				AS
				16.43.160(c), the commission
				may make an appropriate adjustment to an annual base fee if (A) more than one
				permit type allows the directed harvest of the same species with the same gear in
				the same area or if one permit allows the directed harvest of the same species by
				a combination of gears in the same area; or (B) strict application of (1) and (2)
				of this subsection results in an annual base fee that is not appropriate in light
				of the rate of economic return for the fisheries covered by that permit;
(A) more than one permit type allows the
				directed harvest of the same species with the same gear in the same area or if
				one permit allows the directed harvest of the same species by a combination of
				gears in the same area; or
(B) strict
				application of (1) and (2) of this subsection results in an annual base fee that
				is not appropriate in light of the rate of economic return for the fisheries
				covered by that permit;
(4) the annual base fees are as follows:
(A) Except as specified in (B) of this
				paragraph, as follows:

  FEE CLASS                               ANNUAL BASE FEE

       40                                           $3,000

       39                                            2,925

       38                                            2,850

       37                                            2,775

       36                                            2,700

       35                                            2,625

       34                                            2,550

       33                                            2,475

       32                                            2,400

       31                                            2,325

       30                                            2,250

       29                                            2,175

       28                                            2,100

       27                                            2,025

       26                                            1,950

       25                                            1,875

       24                                            1,800

       23                                            1,725

       22                                            1,650

       21                                            1,575

       20                                            1,500

       19                                            1,425

       18                                            1,350

       17                                            1,275

       16                                            1,200

       15                                            1,125

       14                                            1,050

       13                                              975

       12                                              900

       11                                              825

       10                                              750

        9                                              675

        8                                              600

        7                                              525

        6                                              450

        5                                              375

        4                                              300

        3                                              225

        2                                              150

        1                                               75
(B) notwithstanding
				(A) of this paragraph, the commission will restrict the annual base fees for
				interim-use and entry permits according to the following caps:
(i) for 2006, fee class 14;
(ii) for 2007, fee class 27; and
(iii) beginning in 2008, fee class
				40;
(5) under
				(1) of this subsection, the entry permit value for each fishery will be estimated
				by the commission in June of the year immediately preceding the year for which
				the annual base fee applies;
(6)
				under (2) and (3) of this subsection, the average gross earnings for each fishery
				will be estimated by the commission in June of the year immediately preceding the
				year for which the annual base fee applies; these estimates will be based upon
				the most recent three years for which data are available; if less than three
				years of data are available for a fishery, the average will be calculated using
				the available years;
(7) in addition
				to the annual base fees for all interim-use or entry permits renewed for the
				year, a person who is not a resident of this state, will be charged an annual
				nonresident surcharge for that year as calculated under this paragraph; once
				every three years, the commission will obtain from the Office of the Governor,
				Office of Management and Budget (OMB), the values necessary to calculate the
				maximum allowable annual fee differentials under the per capita formula
				established by
Carlson v. State,
919 P.2d 1337, 1342-45 (Alaska
				1996); to determine the annual nonresident surcharge, the commission will
				calculate an average of the maximum allowable fee differentials in the five most
				recent fiscal years for which OMB has provided values, and will round the
				calculated average to the nearest five dollars; the commission will recalculate
				the annual nonresident surcharge every three years;
(8) notwithstanding (2) of this subsection, an
				applicant for an interim-use permit in a halibut or sablefish fishery regulated
				under a federal individual fishing quota program may pay an annual base fee
				corresponding to fee class 1 as specified under (4) of this subsection if the
				applicant, during the most recent completed calendar year, harvested and
				delivered 8,000 standardized (headed and gutted) pounds or less of halibut to
				qualify for the reduced halibut fee or 9,000 round pounds or less of sablefish to
				qualify for the reduced sablefish fee, as documented by the National Marine
				Fisheries Service, restricted access management; if the applicant did not deliver
				halibut or sablefish in the most recent calendar year, the applicant must submit
				evidence showing the applicant is authorized to harvest and deliver 8,000 pounds
				or less of halibut to qualify for the reduced halibut fee and 9,000 pounds or
				less of sablefish to qualify for the reduced sablefish fee during the upcoming
				calendar year; for purposes of this paragraph, an applicant's fee under (c) or
				(d) of this section is 50 percent of the annual base fee the applicant would
				qualify for under (2) of this subsection.
(9) an applicant for a halibut interim-use
				permit that is used only to participate in the Western Alaska Community
				Development Quota (CDQ) Program as authorized under
				16 U.S.C.
				1855(i)(1) (sec. 305(i)(1) of
				the Magnuson-Stevens Fishery Conservation and Management Act) may pay an annual
				base fee corresponding to fee class 1 as specified under (4) of this subsection
				if the applicant designates on the application the name of the CDQ community or
				group on behalf of which the applicant will be participating and certifies that
				the interim-use permit will be used only to harvest halibut under the CDQ
				program.