20 AAC 05.703. General provisions relating to the Northern Southeast Inside sablefish longline, Southern Southeast Inside sablefish longline, and Southern Southeast Inside sablefish pot fisheries point systems

(a) Eligibility. The commission will accept an application only from an applicant who has harvested the fishery resource commercially while participating in the fishery as the holder of a gear license issued under AS 16.05.536 - 16.05.670 and an interim-use permit issued under AS 16.43.210 (a) during at least one of the calendar years 1975 - 1984.

(b) Joint Operators. If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's annual catch value and pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of equitably determining skipper participation points and relative income dependence points for each joint operator who is an applicant. The following will be used to make the allocations and determine points:

(1) The pounds landed and annual catch value allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets) recorded under each applicant's interim-use permit unless it is demonstrated that those records do not accurately reflect the pounds landed and the annual catch value.

(2) If the commission finds that the actual distributions of a joint operation's pounds landed and annual catch value among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed and annual catch value based on the available evidence. The sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel, and the sum of the annual catch values allocated to each joint operator will not exceed the total annual catch value of the vessel.

(3) A skipper may challenge a commission finding that he or she engaged in a joint operation by requesting a hearing and, if a hearing is granted, presenting evidence as to their actual participation.

(4) After the pounds landed and annual catch value of the joint operation have been allocated among the joint operators in accordance with (1) - (3) of this subsection, skipper participation points and relative income dependence points will be determined for each joint operator who was a skipper as defined in 20 AAC 05.713(9) as follows:

(A) Skipper participation points will be determined in accordance with 20 AAC 05.705(a) (1), 20 AAC 05.707(a) (1), and 20 AAC 05.709(a) (1).

(B) Relative income dependence points will be determined in accordance with 20 AAC 05.705(b) (2), 20 AAC 05.707(b) (2), and 20 AAC 05.709(b) (2).

(c) Joint Ownership of Vessel. If an applicant shares in an investment in a vessel as of January 1, 1985, points awarded the applicant for investment in a vessel will be based on the applicant's relative percentage share of the total investment regardless of whether co-owners have applied for an entry permit. In such joint ownership situations, an individual applicant's percentage share of the total investment will be determined based on the evidence before the commission. Of the 15 available points, the percentage awarded to the applicant will equal the applicant's relative percentage share of the total investment in the vessel.

(d) Extraordinary Circumstances. If extraordinary circumstances prevented an applicant from participating in the fishery in a given season, the commission will, in its discretion, award the applicant those points the applicant could reasonably have claimed but for the extraordinary circumstance. Extraordinary circumstances include temporary illness or disability, the loss of vessel or equipment through sinking, destruction, or extensive mechanical breakdown, and other similar objectively verifiable causes of non-participation. Extraordinary circumstances do not include, for example, voluntary or involuntary retirement from the fishery, permanent illness, permanent disability, or loss of the financial means to continue participation in the fishery.

History: Eff. 8/30/87, Register 103

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.250

AS 16.43.260

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