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(a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) sea cucumber 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 sea cucumbers as described in 5AAC 38.140;
(2) held an interim-use permit for the fishery under AS 16.43.210 ;
(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 sea cucumbers in accordance with state and federal statutes and regulations governing the sale and use of commercially caught sea cucumbers applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen.
(c) The commission will not consider the part of the individual's sea cucumber harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and submitted reports of harvest required under state and federal statutes and regulations, if the individual
(1) retained those sea cucumbers for personal use, donated those sea cucumbers, or forfeited those sea cucumbers upon conviction of violating a state or federal statute or regulation; or
(2) did not dive for those sea cucumbers and harvest those sea cucumbers while underwater; this provision applies even if the individual was the vessel operator.
History: Eff. 6/30/2000, Register 154
Authority: AS 16.43.100
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Last modified 7/05/2006