Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 823. Fishing capacity restrictions for Kodiak food and bait herring permits

20 AAC 05.823. Fishing capacity restrictions for Kodiak food and bait herring permits

(a) As part of interim-use permits and entry permits issued for the Kodiak (K) food and bait herring gillnet and seine combined fishery and for the Kodiak (K) food and bait herring trawl fishery, the commission will restrict the maximum overall length of a vessel that a permit holder can use. These restrictions placed upon a permit for a particular Kodiak food and bait herring fishery will be based upon the past participation of the applicant in that fishery before the qualification date, as follows:

(1) restrictions placed upon a permit for a particular Kodiak food and bait herring fishery will be based upon the overall length of the vessel used by the applicant to commercially harvest food and bait herring in the fishery as an interim-use permit holder before the qualification date;

(2) if the applicant used more than one vessel to commercially harvest food and bait herring in the fishery as an interim-use permit holder before the qualification date, the restriction placed upon the applicant's permit will be based upon the longest overall length of any of the vessels used by the applicant;

(3) notwithstanding (b) of this section, if the vessel used in the fishery to commercially harvest food and bait herring was sunk or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on May 11, 2001, the applicant's permit will be based upon the overall length of the replacement vessel;

(4) as part of a permit, the commission will restrict the applicant to one of the following vessel categories:

Vessel Category Maximum Overall Length of the Vessel the Permit Holder May Use in the Fishery A 80 feet B 75 feet C 70 feet D 60 feet

(5) vessel category restrictions placed upon an entry permit at initial issuance remain with the permit thereafter.

(b) The vessel category restrictions assigned to a permit under (a)(4) of this section will be based upon the longest overall length of any of the vessels used by the applicant to commercially harvest food and bait herring as an interim-use permit holder before the qualification date, as follows:

(1) if the longest overall length of any of the vessels used by the applicant was greater than 75 feet but less than or equal to 80 feet, the commission will assign vessel category A to the applicant's permit;

(2) if the longest overall length of any of the vessels used by the applicant was greater than 70 feet but less than or equal to 75 feet, the commission will assign vessel category B to the applicant's permit;

(3) if the longest overall length of any of the vessels used by the applicant was greater than 60 feet but less than or equal to 70 feet, the commission will assign vessel category C to the applicant's permit;

(4) if the longest overall length of any of the vessels used by the applicant was less than or equal to 60 feet, the commission will assign vessel category D to the applicant's permit.

(c) If the Board of Fisheries adopts regulations restricting the vessels used in the Kodiak (K) food and bait herring gillnet and seine combined fishery or in the Kodiak (K) food and bait herring trawl fishery, permit holders in that fishery may use only vessels that satisfy both the vessel category restriction on their permit and the regulatory restrictions imposed by the Board of Fisheries.

(d) In this section,

(1) "commercially harvest" means to take and sell food and bait herring in the manner consistent with 20 AAC 05.822;

(2) "overall length" means the horizontal distance between the outboard side of the foremost part of the stem and the outboard side of the aftermost part of the stern, excluding fittings and attachments.

History: Eff. 9/13/2001, Register 159

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.270

AS 16.43.950