20 AAC 05.800. General provisions relating to the Goodnews Bay herring gillnet fishery

(a) To be eligible to apply for an entry permit in the Goodnews Bay herring gillnet fishery, an individual must have commercially harvested the fishery resource while participating in the 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, as indicated by Alaska Department of Fish and Game catch records (fish tickets), 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 will be allocated as described in (c) of this section.

(c) If two or more individuals participated 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 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 Alaska Department of Fish and Game 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 under (1) and (2) of this subsection, past and consistent participation points will be determined for each partner under 20 AAC 05.802.

(d) A 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) The commission will not award points for an applicant's participation if the participation fails to comply with the applicable superexclusive use area requirements under 5 AAC 27.899. For purposes of this section, participation in the Togiak herring spawn-on-kelp hand-picking fishery (L12T) will not disqualify a person from receiving points for participating in another fishery.

History: Eff. 7/26/97, Register 143; am 12/31/98, Register 148

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.260

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