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(a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) sea urchin 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, 1984 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 urchins with dive gear under 5 AAC 38.051;
(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) harvested and sold sea urchins during commercial openings established by the Department of Fish and Game in accordance with state and federal statutes and regulations governing the sale and use of commercially caught sea urchins applicable at the time of sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen; for the purpose of this paragraph, "commercial openings" does not include commercial fisheries test fishing operations.
(c) The commission will not consider the part of the individual's sea urchin 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 sea urchins for personal use, donated those sea urchins, or forfeited those sea urchins upon conviction of violating a state or federal statute or regulation; or
(2) did not dive for those sea urchins and harvest those sea urchins while underwater; this provision applies even if the individual was the vessel operator.
History: Eff. 6/30/2000, Register 154; am 12/29/2000, Register 156
Authority: AS 16.43.100
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Last modified 7/05/2006