20 AAC 05.765. Provisions relating to a joint operation in the Southeast Dungeness crab pot fishery for the purpose of calculating tier levels

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 pounds landed for that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of determining a tier-level for each joint operator who is an applicant. The following will be used to make the allocations and assign a tier level:

(1) the pounds 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;

(2) if the commission finds that 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 upon the available evidence; the sum of the pounds 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) - (3) of this section, a tier-level will be determined in accordance with 20 AAC 05.764.

History: Eff. 12/14/95, Register 136

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.270

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