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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 43. Regulation of Entry Into Alaska Commercial Fisheries
- Section 270. Initial Issuance of Entry Permits.
previous: Section 260
. Application For Initial Issue of Entry Permits.
next: Section 275
. - 16.43.285l [Renumbered as AS 16.43.340
AS 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.
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