Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 1430. Initial issuance of statewide weathervane scallop fishery vessel entry permit

20 AAC 05.1430. Initial issuance of statewide weathervane scallop fishery vessel entry permit

(a) To qualify for a vessel entry permit for the statewide weathervane scallop fishery, a vessel must have legally participated in the Alaska weathervane scallop fishery and commercially harvested at least 1,000 pounds of weathervane scallops

(1) in at least one calendar year during the time period 1991 through 1996, and in at least three calendar years during the time period 1997 through 2003; or

(2) in at least four calendar years during the time period 1997 through 2003.

(b) The commission will find that a vessel legally participated in the Alaska weathervane scallop fishery under (a) of this section for each year for which the vessel satisfies at least one of the following requirements:

(1) in internal waters of the state and the territorial sea

(A) scallops were lawfully harvested from the vessel with a scallop dredge as described in 5 AAC 38.055, 5 AAC 38.076(f) , and 5 AAC 38.322 during a fishing period established by the Department of Fish and Game under 5 AAC 38.076(h) ;

(B) the vessel had a person on board who held an interim-use permit for the fishery under AS 16.43.210 ;

(C) 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 38.076(c) to engage in commercial fishing in the state; and

(D) from July 1, 1997 through 2003, the vessel was permitted under AS 16.43.906 ;

(2) in the exclusive economic zone (EEZ)

(A) scallops were lawfully harvested from the vessel with a scallop dredge as described in 5 AAC 38.055, 5 AAC 38.076(f) , and 5 AAC 38.322 during a fishing period established by the Department of Fish and Game under 5 AAC 38.076(h) ;

(B) the vessel had a person on board who held an interim-use permit for the fishery under AS 16.43.210 ;

(C) 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 38.076(c) to engage in commercial fishing; and

(D) from April 11, 1997 through 2003, the vessel had a valid federal permit or license.

(c) The commission will find that a vessel commercially harvested at least 1,000 pounds of weathervane scallops under (a) of this section if scallops legally harvested from the vessel yielded at least 1,000 pounds of shucked meat and the meat was sold in accordance with state and federal statutes and regulations governing the sale and use of commercially caught scallops applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen.

(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 entry permits issued for the statewide weathervane scallop fisheries will restrict the maximum overall length of the vessel for which the permit will be used. Vessel entry permits will be restricted to use on a vessel that is no longer than the overall length of the qualifying vessel subject to (f) of this section. 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.

(f) Notwithstanding (e) of this section, vessel entry permits issued to qualifying vessels with an overall length of 80 feet or less will be restricted to an overall vessel length of 80 feet. The 80-foot restriction on the vessel entry permit at initial issuance will remain, regardless of any later vessel substitution or transfer of the vessel entry permit.

(g) The commission will issue a vessel entry permit for the statewide weathervane scallop fishery to a person or entity that timely submits an application that complies with 20 AAC 05.1428 for a vessel that meets the qualification requirements of this section.

History: Eff. 5/6/2004, Register 170

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.460