20 AAC 05.779 - Fishing capacity restrictions for Prince William Sound sablefish permits
(a)
Interim-use permits and entry permits issued for the Prince William Sound fixed
gear, pot gear, and net gear sablefish fisheries will restrict the maximum
overall length of a vessel that a permit holder can use. These restrictions
placed upon a permit for a particular Prince William Sound sablefish fishery will
be based upon the past participation of the applicant in that fishery before the
qualification date.
(1) restrictions placed
upon a permit for a particular Prince William Sound sablefish fishery will be
based upon the overall length of the vessel used by the applicant to legally
harvest sablefish in the fishery as an interim-use permit holder before the
qualification date;
(2) if the
applicant used more than one vessel to legally harvest sablefish in the fishery
as an interim-use permit holder before the qualification date, the restriction
placed upon the applicant's permit will be based upon the longest overall length
of any of the vessels used by the applicant;
(3) notwithstanding (b) of this section, if the
vessel used in the fishery to legally harvest sablefish was sunk or destroyed and
a replacement vessel was acquired before the commission proposed limited entry
for the fishery on September 1, 1995, the applicant's permit will be based upon
the overall length of the replacement vessel;
Vessel Maximum Overall Length of the Vessel the Per-Categorymit Holder May Use in the Fishery A 90 Feet B 60 Feet C 50 Feet D 35 Feet
(4) a permit will
restrict the applicant to one of the following vessel categories:
(5) vessel category restrictions placed upon an
entry permit at initial issuance will remain with the permit
thereafter.
(b) The vessel
category restrictions assigned to a permit will be based upon the longest overall
length of any of the vessels used by the applicant to legally harvest sablefish
as an interim-use permit holder before the qualification date, as follows:
(1) if the longest overall length of any of the
vessels used by the applicant was greater than 60 feet, the applicant's permit
will be for vessel category A;
(2) if
the longest overall length of any of the vessels used by the applicant was
greater than 50 feet but less than or equal to 60 feet, the applicant's permit
will be for vessel category B;
(3) if
the longest overall length of any of the vessels used by the applicant was
greater than 35 feet but less than or equal to 50 feet, the applicant's permit
will be for vessel category C;
(4) if
the longest overall length of any of the vessels used by the applicant was less
than or equal to 35 feet, the applicant's permit will be for vessel category
D.
(c) If the Alaska Board
of Fisheries adopts regulations restricting the vessels used in the Prince
William Sound fixed gear, pot gear, or net gear sablefish fisheries, permit
holders in these fisheries may use only vessels that satisfy both the vessel
category restriction on their permit and the regulatory restrictions imposed by
the Alaska Board of Fisheries.
(d)
Notwithstanding (a) - (c) of this section, an interim-use or entry permit holder
may use a vessel with an overall length greater than the vessel category for
which the interim-use or entry permit is issued while participating in the
fishery under the provisions specified in
5 AAC 28.272(c).
Notes
Authority:AS 16.43.100
AS 16.43.110
AS 16.43.270
AS 16.43.950
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