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(a) If the harvestable surplus of chum salmon is insufficient to provide a reasonable opportunity for subsistence uses for chum salmon in Subdistrict 1 of the Norton Sound District, the Board of Fisheries (board) has eliminated nonsubsistence consumptive uses, and further restrictions are necessary to assure that the chum salmon stock is maintained and managed on a sustained yield basis, or to assure the continuation of subsistence uses, a subsistence chum salmon fishery by Tier II permit only will occur with Tier II permits allocated as described in this section and 5 AAC 01.184, based on the following criteria:
(1) the customary and direct dependence on chum salmon in Subdistrict 1 by the subsistence user for human consumption as a mainstay of livelihood;
(2) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.
(b) Tier II fishing permits will be issued by the department. Qualifications for a Tier II permit will be based on the point system established in 5 AAC 01.184. The department will issue the number of permits that it determines appropriate for the number of fish available for harvest. A Tier II permit will be issued to the highest ranking applicants, and then to the next lower-ranking applicants, until the number of permits authorized by the department have been issued. If one or more of the permits remain to be issued, but the number of equally ranking applicants exceeds the number of permits, applicants will be selected by a random drawing from among those applicants. Conditional Tier II permits will be issued to applicants who do not initially qualify for Tier II permits, ranked in order of those conditional permit holder's scores.
(c) The commissioner shall announce, by emergency order, whether Tier II permit holders may fish during an opening, based on observed run size, escapement levels, and harvestable surplus as specified by the department. If, during the season, the harvestable surplus exceeds the level for providing a reasonable opportunity to Tier II permit holders, the commissioner may announce by emergency order, whether, and how many holders of conditional Tier II permits may fish, based on the ranked order of their scores. If, during the season, the harvestable surplus reaches the amount found by the board to be reasonably necessary for subsistence uses of the stock, the commissioner may open, by emergency order, a Tier I subsistence fishery and renew permits for additional harvest, as consistent with sustained yield.
(d) An applicant for a Tier II subsistence fishing permit must be a resident of the state and be at least 12 years old. No more than one Tier II permit may be issued to a household for chum salmon fishing. Any household member may fish under the terms of that household's Tier II permit. As provided in AS 16.05.405 and 5 AAC 01.011, a Tier II permit holder may designate on the permit an additional person, outside the permit holder's household, who may fish as proxy for the permit holder under the terms of the Tier II permit.
(e) A person may not submit false or inaccurate information in support of a Tier II application. An applicant shall cooperate with any lawful investigation regarding information provided by any person in the applicant's Tier II application.
History: Eff. 6/23/99, Register 150
Authority: AS 16.05.060
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Last modified 7/05/2006