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(a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) geoduck clam dive fishery, an individual must have commercially harvested the fishery resource at least once while participating in the fishery as the holder of an interim-use permit issued for the fishery under AS 16.43.210 during the time period from January 1, 1992 to July 1, 1996.
(b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual
(1) lawfully took and sold geoduck clams with dive gear described in 5 AAC 39.105(d) (21);
(2) held an interim-use permit for the fishery under AS 16.43.210 and a permit issued by the commissioner of fish and game under 5 AAC 38.050(b) ;
(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; and
(4) sold geoduck clams in accordance with state and federal statutes and regulations governing the sale and use of commercially caught geoduck clams applicable at the time of 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 geoduck clam 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
(1) retained those geoduck clams for personal use, donated those geoduck clams, or forfeited those geoduck clams upon conviction of violating a state or federal statute or regulation; or
(2) did not dive for those geoduck clams and harvest those geoduck clams while underwater; this provision applies even if the individual was the vessel operator.
History: Eff. 6/30/2000, Register 154; add'l am 6/30/2000, Register 154; am 1/28/2001, Register 157
Authority: AS 16.43.100
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Last modified 7/05/2006