Made available by Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.

You can also go to The Alaska Legal Resource Center or search the entire website search.

Touch N' Go, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.
Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 762. General provisions relating to Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries

20 AAC 05.762. General provisions relating to Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries

(a) To be eligible to apply for an entry permit in the Southeastern Alaska Dungeness crab pot, ring net, or diving gear fisheries, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during the January 1, 1988 - January 2, 1992 time period, and satisfied at least one of the relevant quantity requirements set forth in 20 AAC 05.1012(2)(A) - (2)(C), 20 AAC 05.1014(2)(A) - (2)(C), or 20 AAC 05.1016.

(b) Pounds landed attributed to an applicant on January 1 and January 2, 1992, will be added to the applicant's total poundage for 1991 for the purpose of calculating the applicant's past participation and consistent participation.

(c) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of equitably determining past participation and consistent participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points:

(1) the pounds landed allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the pounds landed;

(2) if the commission finds the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed based on the available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel;

(3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation and consistent participation points will be determined for each joint operator as follows:

(A) past participation will be determined in accordance with 20 AAC 05.768(a) , 20 AAC 05.769, and 20 AAC 05.770;

(B) consistent participation will be determined in accordance with 20 AAC 05.768(b) .

History: Eff. 12/14/95, Register 136; am 8/9/96, Register 139

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.227

AS 16.43.250

AS 16.43.260


Note to HTML Version:

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.

Last modified 7/05/2006