Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.668 - Point system for the Southeastern herring gillnet fishery

Current through May 31, 2024
(a)
Past
				Participation.
Up to a maximum of 18 points will be awarded to an applicant
				for past participation in the fishery based on the following:
Past Participation as a Herring Gillnet Operator Year Sub-Area
				  Points 1977 Juneau 3 Kah Shakes 3 Other 3 1976 Juneau 2 Chaik Bay 2 Gambier Bay 2
				  Pybus Bay 2 Kasaan 2 Helm Bay 2 Kah Shakes 2 Other 2 1975 2 1974 2 1973 1 1972
				  1
Past Participation as a Crewman Year Sub-Area Points 1977 1
				  1976 1 1975 1 1974 1
(2) For purposes of
				this subsection, no more than six points may be claimed for participation as a
				herring gillnet operator in 1977, nor no more than six points as a herring
				gillnet operator in 1976. Points may not be claimed as an operator and as a
				crewman in the same year.
(3) If
				unavoidable circumstances exist such that an applicant's past participation in
				the fishery is not realistically reflected by points awarded for past
				participation for the years 1972 - 1977, the commission may award a maximum of 18
				points upon a special showing of past participation during the years 1972 -
				1977.
(4) For purposes of this
				subsection, "past participation" means
(A) the
				commercial taking of the herring resource in herring administrative area A with a
				gillnet, while holding the appropriate licenses and/or permit; or
(B) being on the fishing grounds in the
				sub-area with vessel, gear, licenses and interim-use permit and with the ability
				to and intention of commercially harvesting the herring resource during the time
				the season was open and the herring resource was harvested; or
(C) being on the fishing grounds in the
				sub-area during the time when a season opening was anticipated by appropriate
				Department of Fish and Game personnel but did not materialize, with vessel, gear,
				licenses and interim-use permit and with the ability and intention of
				commercially harvesting the herring resource.
(5) For purposes of this subsection, sub-areas
				are as follows:
Statistical Sub-area Chart Area* Juneau 111-50 & 115-10
				  Chaik Bay 112-80 & 112-18 Gambier Bay 110-23 Pybus Bay 110-22 Kasaan 102-60
				  Helm Bay 101-90 Kah Shakes 101-23 Other All portions of Administrative Area A not
				  included above, excluding waters of the Metlakatla Indian Reservation
*As defined by regulations of the Board of Fisheries.
(6) For purposes of this subsection,
				a person demonstrating the following is presumed to be an "operator" of herring
				gillnet gear:
(A) had a gear license for herring
				gillnet gear; and
(B) had the
				appropriate interim-use permit; and
(C) was licensed to operate the vessel from
				which that unit of gear was fished; and
(D) had the immediate right to control the
				vessel and unit of gear being operated.
(7) For the purposes of this subsection, a unit
				of gear is the aggregate amount of gear operated from a single vessel. The
				maximum number of participation points available to credit the operation of a
				unit of gear may not exceed the amount which can be claimed by a single
				operator.
(8) The commission will, in
				its discretion, consider other evidence relevant to "operator" status. Where two
				or more individuals claim to have operated the same unit of gear, the commission
				will, in its discretion, determine who was the operator based upon all available
				evidence. If unable to determine which individual was the operator, the
				commission will award the available operator points proportionally.