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(a) To be eligible to apply for an entry permit in the Kodiak (K) food and bait herring gillnet and seine combined fishery, or in the Kodiak (K) food and bait herring trawl fishery, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued for the fishery under AS 16.43.210 during at least one of the years 1994 - 2000.
(b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual
(1) lawfully took food and bait herring during a fishing period established by the Department of Fish and Game under 5 AAC 27.510(b) ;
(2) held an interim-use permit for the fishery under AS 16.43.210 ;
(3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state;
(4) complied with the gear requirements of 5 AAC 27.515; and
(5) sold food and bait herring in accordance with state and federal statutes and regulations governing the sale and use of commercially caught food and bait herring applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen.
(c) The commission will not consider the part of the individual's food and bait herring harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual retained that herring for personal use, discarded that herring, donated that herring, or forfeited that herring upon conviction of violating a state or federal statute or regulation.
History: Eff. 9/13/2001, Register 159
Authority: AS 16.43.100
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Last modified 7/05/2006