Section 16.43.270. Initial issuance of entry permits.

   (a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit.
   (b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery.  However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.
   (c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants.  In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.
   (d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.

Authorities

16.43.140;16.43.150;16.43.210;16.43.230;16.43.240;16.43.290

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

20 AAC 05.405
20 AAC 05.415
20 AAC 05.540
20 AAC 05.550
20 AAC 05.760
20 AAC 05.764
20 AAC 05.765
20 AAC 05.766
20 AAC 05.771
20 AAC 05.775
20 AAC 05.776
20 AAC 05.779
20 AAC 05.781
20 AAC 05.785
20 AAC 05.788
20 AAC 05.791
20 AAC 05.794
20 AAC 05.798
20 AAC 05.801
20 AAC 05.803
20 AAC 05.807
20 AAC 05.809
20 AAC 05.813
20 AAC 05.815
20 AAC 05.819
20 AAC 05.821
20 AAC 05.823
20 AAC 05.824
20 AAC 05.827
20 AAC 05.831
20 AAC 05.833
20 AAC 05.835

References

15 AAC 76.290
20 AAC 05.415
20 AAC 05.600
20 AAC 05.640
20 AAC 05.678
20 AAC 05.684
20 AAC 05.696
20 AAC 05.711
20 AAC 05.719
20 AAC 05.738
20 AAC 05.751
20 AAC 05.760
20 AAC 05.771
20 AAC 05.775
20 AAC 05.785
20 AAC 05.791
20 AAC 05.798
20 AAC 05.803
20 AAC 05.809
20 AAC 05.815
20 AAC 05.821
20 AAC 05.827
20 AAC 05.835
AS 16.43.140 Permit required.
AS 16.43.150 Terms and conditions of entry permit; annual renewal.
AS 16.43.210 Interim-use permit; qualifications.
AS 16.43.230 Designation of distressed fisheries.
AS 16.43.240 Determination of the maximum number of entry permits for initial issue.
AS 16.43.290 Optimum number of entry permits.

History

(Sec. 1 ch 79 SLA 1973; am Sec. 7 ch 47 SLA 1981; am Sec. 3 ch 82 SLA 1995)