Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 787. General provisions relating to the Southeastern Alaska shrimp beam trawl and shrimp otter trawl fisheries

20 AAC 05.787. General provisions relating to the Southeastern Alaska shrimp beam trawl and shrimp otter trawl fisheries

(a) To be eligible to apply for an entry permit in the Southeastern Alaska shrimp beam trawl or shrimp otter trawl 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 at least one of the years 1993 - 1996.

(b) If two or more individuals had landings from the same vessel during a calendar year, each individual must have fished as a gear operator to be eligible for any points. If the individuals participated as partners, the pounds are allocated as described in (c) of this section.

(c) If two or more individuals acted as partners on the same vessel during a calendar year, the commission will allocate the partnership operation's commercial harvest from that vessel among the partners, regardless of whether all partners apply for an entry permit, for the purposes of determining past and consistent participation for each partner who is an applicant. The following will be used to make the allocations and to determine points:

(1) the commercial harvest allocated to each individual who is party to the partnership operation will be based on Alaska Department of Fish and Game (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 commercial harvest;

(2) if the commission finds that the actual distributions of a partnership operation's commercial harvest among the partners differed from that shown on ADF&G catch records (fish tickets), the commission will determine each partner's share of the partnership operation's commercial harvest based on the available evidence; the sum of the commercial harvest allocated to the partners will not exceed the total commercial harvest from the vessel for that year;

(3) after the commercial harvest has been allocated among the partners in accordance with (1) and (2) of this subsection, past participation points will be determined for each partner in accordance with 20 AAC 05.788 and 20 AAC 05.789.

(d) Commercial harvest recorded on the interim-use permit of a person other than the gear operator or partner of the gear operator may be credited to the gear operator only if the harvest was reported in good faith. In this subsection, "good faith" means honesty in fact in the reporting and a reasonable ground for belief that the purpose for the reporting is lawful, proper, or authorized. Good faith includes any legitimate business purpose but does not include the purpose of concealing any earnings of the gear operator.

(e) If an applicant shares in an investment in a vessel as of January 1, 1997, points awarded to the applicant for investment in a vessel will be based on the applicant's relative percentage share of the total investment in that vessel regardless of whether co-owners have applied for an entry permit. In these ownership situations, an individual applicant's percentage share of the total investment will be determined by evidence submitted to the commission. Of the four available points in the shrimp beam trawl fishery and the three points available in the shrimp otter trawl fishery, the percentage of points awarded to the applicant will equal the applicant's relative percentage share of the total investment in the vessel.

History: Eff. 5/29/97, Register 142; am 8/2/97, Register 143; am 7/17/98, Register 147

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.260