Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 834. Point system for the Kodiak bairdi Tanner crab pot fishery

20 AAC 05.834. Point system for the Kodiak bairdi Tanner crab pot fishery

(a) Past participation. The commission will award a maximum of 20 points to an applicant for past participation in the Kodiak bairdi Tanner crab pot fishery. The points awarded will be based on the number of calendar years in which the applicant commercially harvested Kodiak bairdi Tanner crab as a gear operator during the years 1993, 1994, 2001, and 2002. An applicant may be awarded only one of the following point totals:

(1) 20 points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least three calendar years;

(2) 13 points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least two calendar years;

(3) seven points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least one calendar year.

(b) Consistent participation. The commission will award a maximum of 35 points to an applicant for consistent participation. The points awarded will be based on the years in which the applicant commercially harvested Kodiak bairdi Tanner crab as a gear operator according to the poundage thresholds established for each year as follows:

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(c) For the purpose of awarding points for past and consistent participation, there is a rebuttable presumption that an applicant was a crewmember and not a gear operator for a year if the applicant's commercial harvest was less than 20 percent of the total commercial harvest taken in the fishery and delivered from the vessel during that year. The presumption can be rebutted with a preponderance of evidence showing that the applicant was the sole gear operator on the vessel at the time the Kodiak bairdi Tanner crab were harvested or that the applicant was a partner with one or more other gear operators on the vessel. If the applicant is a partner, the applicant will be allocated harvest under 20 AAC 05.830(e) .

(d) Economic Dependence.

(1) An applicant may claim points for investment in a vessel if the sum of the applicant's annual catch values for the years 1993, 1994, 2001 and 2002 is at least $2,200; if two or more eligible applicants participated as partners on the same vessel, the partnership's annual catch value for that year will be attributed to each applicant;

(2) If an applicant meets the requirement in (1) of this subsection, the commission will award a maximum of five points if the applicant owned as of January 1, 2003, a vessel that the applicant used in the Kodiak bairdi Tanner crab pot fishery in at least one of the years 1993, 1994, 2001, and 2002; if more than one applicant claims ownership of the same vessel, the commission will divide the available points among the applicants according to each applicant's relative share of the vessel ownership as demonstrated by evidence submitted to the commission.

(e) For the purposes of this section, the commission will determine the annual catch value of the commercially harvesting resource by gear operator in the Kodiak bairdi Tanner crab pot fishery to be either,

(1) the number of pounds of Kodiak bairdi Tanner crab caught by an applicant in the Kodiak bairdi Tanner crab pot fishery, as derived from fish tickets during a given calendar year, multiplied by the average price per pound paid for the bairdi Tanner crab during that year; or

(2) the gross amount actually received by an applicant for the calendar year for the bairdi Tanner crab caught in the Kodiak bairdi Tanner crab pot fishery.

History: Eff. 2/11/2004, Register 169

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.250

AS 16.43.260