5 AAC 01.184. Tier II subsistence chum salmon fishing permits for Subdistrict 1 of the Norton Sound District

(a) Qualifications for a Tier II subsistence chum salmon fishing permit for Subdistrict 1 of the Norton Sound District shall be based on a point system with a maximum score totaling 85 points, using the following criteria:

(1) an applicant's customary and direct dependence on the chum salmon stock for human consumption as a mainstay of livelihood may provide up to 75 points; one point will be given for each year above the age of five years, in which any one member of the applicant's household has fished for chum salmon in Subdistrict 1, or processed chum salmon taken in Subdistrict 1, plus the number of years in which that member of the household would have fished for chum salmon or processed chum salmon, but did not because fishing for chum salmon was closed due to a low number of returning stock, or the department did not issue a permit to fish to that member of the household for which the member applied;

(2) an applicant's direct dependence on subsistence chum salmon fishing and ability to obtain food if subsistence uses of Subdistrict 1 chum salmon are restricted or eliminated, based on the relative availability of alternative sources of the chum salmon to the applicant's household may provide up to 10 points; the point system is measured by the formula of 10(W), in which W is the percent of chum salmon that the applicant's household has taken in Subdistrict 1 over the four years immediately preceding the date of application.

(b) Applications for a Tier II chum salmon fishing permit are available at the department's office in Nome and will be accepted from April 30 through May 30.

(c) A person may appeal a Tier II permit allocation decision or score to the department within 10 days after the public release of the list of names of those awarded a Tier II permit, as follows:

(1) an appeal must be submitted in writing or by telephone; if an appeal is submitted in writing it must be postmarked or hand delivered to the department within the 10-day period specified in this section; if an appeal is submitted by telephone, it must be made within the 10-day appeal period; the department shall record telephone appeals by electronic means;

(2) the department shall provide a written decision on the appeal to the applicant by first class mail within seven days after the department's receipt of the appeal;

(3) a person that disagrees with a decision issued under (2) of this subsection, regarding that person's application, may appeal to the commissioner in writing within seven days after the mailing of a decision by the department.

(d) The annual harvest limit for a Tier II permit issued under 5 AAC 01.182 and this section is 100 chum salmon per household.

History: Eff. 6/23/99, Register 150

Authority: AS 16.05.251

AS 16.05.258

Editor's note: The address to submit a written appeal under 5 AAC 01.184 is Alaska Department of Fish and Game, Division of Commercial Fisheries, 320 E. Front Street, Pouch 1148, Nome, Alaska 99762. The address to submit a written appeal to the commissioner under 5 AAC 01.184 is Alaska Department of Fish and Game, Office of the Commissioner, P.O. Box 25526, Juneau, Alaska 99802-5526.

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