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(a) To be eligible to apply for an entry permit in the Southeastern Alaska Dungeness crab pot, ring net, or diving gear fisheries, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during the January 1, 1988 - January 2, 1992 time period, and satisfied at least one of the relevant quantity requirements set forth in 20 AAC 05.1012(2)(A) - (2)(C), 20 AAC 05.1014(2)(A) - (2)(C), or 20 AAC 05.1016.
(b) Pounds landed attributed to an applicant on January 1 and January 2, 1992, will be added to the applicant's total poundage for 1991 for the purpose of calculating the applicant's past participation and consistent participation.
(c) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's 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 past participation and consistent participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points:
(1) the pounds landed 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 those records do not accurately reflect the pounds landed;
(2) if the commission finds the actual distributions of a joint operation's pounds landed 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 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;
(3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation and consistent participation points will be determined for each joint operator as follows:
(A) past participation will be determined in accordance with 20 AAC 05.768(a) , 20 AAC 05.769, and 20 AAC 05.770;
(B) consistent participation will be determined in accordance with 20 AAC 05.768(b) .
History: Eff. 12/14/95, Register 136; am 8/9/96, Register 139
Authority: AS 16.43.100
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Last modified 7/05/2006