20 AAC 05.1408. Initial issuance of Bering Sea hair crab fishery vessel entry permit

(a) To qualify for a vessel entry permit in the Bering Sea hair crab fishery, a vessel must have legally participated in the directed Bering Sea hair crab fishery

(1) in at least one calendar year during the time period 1993 through 1995, and in at least one calendar year during the time period 1996 through 2002; or

(2) in at least two calendar years during the time period 1993 through 1995.

(b) A vessel owner that applies for a vessel entry permit under 20 AAC 05.1407(c), and whose lost or retired vessel qualifies for a vessel entry permit under (a) of this section, may receive a vessel entry permit. The vessel entry permit will be issued when a different vessel is substituted under 20 AAC 05.1410 or when a simultaneous substitution and transfer occur under 20 AAC 05.1414(e).

(c) The commission will find that a vessel has legally participated during the applicable time period under (a) of this section, if during that time period

(1) hair crab was lawfully harvested from the vessel with pot gear as described in 5 AAC 38.052 during a fishing period established by the Department of Fish and Game under 5 AAC 38.415;

(2) the vessel had a person on board who held an interim-use permit for the fishery under AS 16.43.210 and a permit issued by the commissioner of fish and game under 5 AAC 38.062 and 5 AAC 38.415(a) ;

(3) the vessel was licensed as a commercial vessel under AS 16.05.490 and registered with the Department of Fish and Game under 5 AAC 38.020 and 5 AAC 38.415(b) to engage in commercial fishing in the state;

(4) hair crab harvested from the vessel was sold in accordance with state and federal statutes and regulations governing the sale and use of commercially caught hair crab applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen; and

(5) from 1996 through 2002, the vessel was permitted under AS 16.43.901 .

(d) The commission will issue a vessel interim-use permit to an applicant who is contesting the denial of a vessel entry permit under AS 16.43.460 only if the applicant presents an issue which, if resolved in the applicant's favor, would entitle the applicant to a vessel entry permit. A vessel interim-use permit issued under this subsection may not be renewed after a final decision has been issued upholding the denial of the permit.

(e) Vessel interim-use permits and vessel permits issued for the Bering Sea directed hair crab fishery will restrict the maximum overall length of the vessel for which the permit will be used. A vessel permit will be restricted to use on a vessel that is no longer than the length of the qualifying vessel. The restriction on the vessel entry permit at initial issuance will remain, regardless of any later vessel substitution or transfer of the vessel entry permit.

History: Eff. 9/21/2003, Register 167

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.460

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.