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(a) After the public hearing under 6 AAC 93.035, the CDQ team shall evaluate all complete proposed CDPs to determine whether the CDPs are consistent with the standards in 6 AAC 93.017 and meet the applicable requirements of this chapter and 50 C.F.R. 679.
(b) The CDQ team shall consider the following factors when reviewing a complete proposed CDP:
(1) the number of participating eligible communities and
(A) the population of each community; and
(B) the economic conditions in each community;
(2) the size of the allocation requested by the applicant and the proper allocation necessary to achieve the milestones and objectives as stated in the proposed CDP;
(3) the degree, if any, to which each CDQ project is expected to develop a self-sustaining local fisheries economy, and the proposed schedule for transition from reliance on an allocation to economic self-sufficiency;
(4) the degree, if any, to which each CDQ project is expected to generate
(A) capital or equity in the local fisheries economy or infrastructure; or
(B) investment in commercial fishing or fish processing operations;
(5) the applicant's contractual relationship, if any, with joint venture partners and the managing organization;
(6) the applicant's and the applicant's harvesting and processing partners', if any, involvement and diversity in all facets of harvesting and processing;
(7) the coordination or cooperation with other applicants or CDQ groups on CDQ projects;
(8) the experience of the applicant's industry partners, if any;
(9) the applicant's CDQ projects for employment, education, and training that provide career track opportunities;
(10) the benefits, if any, to the state's economy or to the economy of communities that are not eligible to participate in the CDQ program that are in addition to the benefits generated by the proposed CDP for participating communities;
(11) a demonstration, through the information submitted under 6 AAC 93.025(a) (11), that the applicant has a formal, effective administrative process that sets out sound business principles and examples of due diligence that the applicant will exercise;
(12) the development, if any, of innovative products and processing techniques as well as innovation in harvesting gear for conservation and maximum utilization of the fishery resource;
(13) the applicant's ability to maintain control over each of its allocations;
(14) the capital or equity generated by the applicant's CDQ projects for fisheries-related business investment;
(15) the past performance of the applicant and the applicant's industry partners, as appropriate;
(16) the applicant's transition plan, including the objectives set out in the milestone table submitted under 6 AAC 93.025(a) (13);
(17) for each CDQ project, the inclusion in the proposed CDP of realistic measurable milestones for determining progress;
(18) the degree of participating community input in developing the proposed CDP;
(19) the likely effectiveness of the outreach project described in 6 AAC 93.025(4) (C); and
(20) comments provided by other agencies, organizations, and the public.
(c) After evaluation under this section, the CDQ team shall transmit to the governor for the governor's review and necessary action each proposed CDP and the CDQ team's evaluation and recommendation regarding each CDP. The governor will then make a written finding that a proposed CDP either
(1) meets the requirements of this chapter and 50 C.F.R. 679 and and will be recommended to the National Marine Fisheries Service (NMFS) for approval for an allocation in the amount requested by the applicant;
(2) meets the requirements of this chapter and 50 C.F.R. 679 and will be recommended to the NMFS for approval with a reduced allocation from the amount initially requested by the applicant; or
(3) does not meet the requirements of this chapter and 50 C.F.R. 679 and will not be recommended to the NMFS for approval.
(d) If there is a sufficient quota of fishery resource available to meet the combined total allocations requested in all of the complete proposed CDPs that meet the requirements of this chapter and 50 C.F.R. 679, the governor will, in the governor's discretion, recommend all of those CDPs to the NMFS for approval.
(e) If there is an insufficient quota of fishery resource available to meet the combined total allocations requested in all of the complete proposed CDPs that meet the requirements of this chapter and 50 C.F.R. 679, the governor will, in the governor's discretion and after consultation by the CDQ team under (f) of this section,
(1) apportion the available quota among the applicants whose CDPs will be recommended for approval and will recommend the apportionment to the NMFS for approval; or
(2) select those complete proposed CDPs that the governor believes best satisfy the objectives, requirements, and criteria of the CDQ program and will recommend those CDPs to the NMFS for approval; a recommendation under this paragraph may also include a recommendation for an apportionment under (1) of this subsection.
(f) Before the CDQ team recommends an apportionment of the quota under (e) of this section, it shall consult with the applicants that might be affected by the proposed apportionment. The CDQ team may request an applicant to submit a revised CDP to assist the CDQ team in determining the
(1) economic feasibility and likelihood of success of the proposed CDP with an allocation of fishery resource less than that requested; and
(2) particular benefits that may be derived by participating communities affected by an allocation of fishery resource less than that requested.
(g) In apportioning the quota of fishery resource under (e) of this section, the governor will consider the information specified in this chapter and 50 C.F.R. 679 and seek to maximize the benefits of the CDQ program to the greatest number of participating communities.
(h) Before forwarding recommendations to the NMFS under 6 AAC 93.045, the governor will, or, at the governor's direction, the CDQ team shall, consult with the North Pacific Fishery Management Council regarding the proposed CDPs to be recommended by the governor for allocations and incorporate any comments from the council into the written findings required under (c) of this section and 50 C.F.R. 679.30(d).
History: Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131; am 1/1/98, Register 144; am 8/19/99, Register 151
Authority: Ak. Const., art. III,
sec. 1
Ak. Const., art. III,
sec. 24
AS 44.33.020 (11)
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Last modified 7/05/2006