20 AAC 05 — Commercial Fisheries Entry Commission (Article 1 to 19)

To be eligible for an interim-use permit for the Southeastern Alaska Dungeness crab ring net fishery during the moratorium, an applicant must have (1) held a valid interim-use permit issued under AS 16.43.210(a); and (2) during at least one of the season openings between January …

To be eligible for an interim-use permit for the Southeastern Alaska Dungeness crab diving gear fishery during the moratorium, an applicant must have (1) held a valid interim-use permit issued under AS 16.43.210(a); and (2) commercially harvested the fishery resource in the South…

In 20 AAC 05.1010 - 20 AAC 05.1018, unless otherwise specified, (1) "skipper" means a person who (A) was physically present on the vessel and who was in control or joint control of the fishing operation; (B) used a vessel that was validly licensed as a commercial fishing vessel u…

The moratoria under 20 AAC 05.1010 - 20 AAC 05.1020 is effective on the effective date of those regulations. Unless repealed earlier, 20 AAC 05.1010 - 20 AAC 05.1020 are repealed four calendar years following their effective dates. Notes 20 AAC 05.1020 Eff. 1/2/92, Register 121 A…

If a vessel qualifying under AS 16.43.901 is sunk, destroyed, or damaged to the extent the vessel is inoperable, the vessel owner may request the vessel permit be reissued to another vessel whose overall length does not exceed the overall length of the qualifying vessel. The repl…

(a) It is unlawful for any person to possess, within water subject to the jurisdiction of the state, any fish or shellfish, taken for a commercial purpose, aboard a fishing vessel commonly used for taking that species of fish or shellfish unless the person has in that person's po…

The optimum number of entry permits for the Southeastern Alaska roe herring purse seine fishery is 46. Notes 20 AAC 05.1140 Eff. 1/21/94, Register 129 Authority:AS 16.43.100(a) AS 16.43.110(a) AS 16.43.290

The optimum number of entry permits for the Northern Southeastern Inside sablefish longline fishery is 73. Notes 20 AAC 05.1145 Eff. 5/17/2001, Register 158 Authority:AS 16.43.100 AS 16.43.110 AS 16.43.290

The optimum number of entry permits for the Bristol Bay drift gillnet fishery is 900 to 1,400. Notes 20 AAC 05.1147 Eff. 11/25/2005, Register 176 Authority:AS 16.43.100 AS 16.43.110 AS 16.43.290 AS 16.43.990

Any person who is in possession of an interim-use, or entry permit card issued by the commission shall, upon request of any fish purchaser, or any officer authorized by the state to enforce this chapter, present personal identification as required by AS 16.10.267(a)(2) to establi…

(a) A person may retain incidentally-caught salmon, king crab, Tanner crab, Dungeness crab, halibut, or sablefish if the person holds a valid entry or interim-use permit for that species, type of gear, and area, and if the season for the incidentally-caught species is open under …

Except for those vessels exempted under AS 16.05.495, it is unlawful for a person to operate a vessel required to be licensed under AS 16.05.490 which does not display a valid vessel license as required by 20 AAC 05.1958. Notes 20 AAC 05.130 Eff. 1/1/78, Register 64; am 6/18/86, …

(a) An entry or interim-use permit may be transferred only through the commission in accordance with AS 16.43 and this chapter. (b) A person who has contracted to buy an entry permit may not contract to sell or assign that entry permit before the entry permit is transferred to th…

(a) Except as provided in AS 16.43.150(g), an entry permit may not be(1) pledged, mortgaged, leased, or encumbered in any way, including any contractual or legal device that purports to require the transfer or forfeiture of a permit or otherwise constrain the rights of the holder…

(a) A request for permanent transfer of an entry permit must be made to the commission on the form designated and provided by the commission under this chapter and must include a certification by the proposed transferee of facts establishing the transferee's present ability to pa…

(a) The holder of an entry permit not subject to the restrictions of AS 16.43.170(e) may establish a filing date, effective date, and expiration date for the permanent transfer under AS 16.43.170(b) of the holder's entry permit by filing a completed and signed notice with the com…

(a) A permit holder's request for the permanent transfer of the holder's entry permit under AS 16.43.170(b) shall be made on the form designated Holder's Request for Permanent Transfer of Entry Permit, provided by the commission. (b) The holder and the proposed transferee shall c…

(a) A request for the permanent transfer of an entry permit under AS 16.43.170(g) due to an execution on the holder's interest in that permit must be made on the form designated Request for Permanent Transfer of Entry Permit Due to Involuntary Action, provided by the commission. …

(a) The commission will deny a permit holder's request under 20 AAC 05.1712 for permanent transfer of the holder's entry permit if(1) the transfer is not authorized by law or is otherwise invalid; (2) the transfer violates AS 16.43 or this chapter; (3) the holder or proposed tran…

(a) The commission will deny a request under 20 AAC 05.1714 for permanent transfer of an entry permit due to involuntary action if (1) the execution does not comply with legal requirements, or is otherwise invalid; (2) the proposed transfer would violate AS 16.43 or this chapter;…

(a) Upon receipt under 20 AAC 05.1714 of a request for transfer that is approvable under 20 AAC 05.1718(a) (1) - (a)(5), the commission will notify the permit holder in writing that the holder may apply to the commission for a determination of need. (b) Application for a determin…

As provided in AS 16.43.170(h), the commission has the right of first refusal to purchase an entry permit for which a request for permanent transfer due to involuntary action is filed with the commission under 20 AAC 05.1714. A completed form, designated Right of First Refusal to…

(a) A request for permanent transfer of an entry permit under AS 16.43.140(c)(5) shall be made on the form designated Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140(c)(5), revised October 2002, and adopted by reference. (b) Th…

(a) The commission will, in its discretion, designate agents for the purpose of receiving and reviewing notices of intent to transfer and requests for transfer. (b) Properly completed notices of intent to transfer and requests for transfer received under this section must be date…

(a) A holder of an entry permit or interim-use permit in a limited fishery or a fishery subject to a moratorium may apply for an emergency transfer of the entry or interim-use permit to another person by making application to the commission on a form provided by the commission. (…

If the commission finds that a request for transfer of an entry permit is approvable under 20 AAC 05.1716, or is approvable under 20 AAC 05.1718 and the commission does not exercise its right of first refusal as provided in 20 AAC 05.1723, the commission will reissue the entry pe…

(a) An entry permit survives the death of the holder, but an entry permit issued under AS 16.43.250(c) may be emergency transferred under 20 AAC 05.1740 only for the remainder of the calendar year in which the permit holder's death occurred. Except for a permit issued under AS 16…

Either the holder of an entry or interim-use permit, the agent authorized in accordance with 20 AAC 05.1960, the authorized representative of a deceased holder's estate, or the proposed transferee may request an administrative hearing and adjudication under the provisions of 20 A…

(a) In 20 AAC 05.1700 - 20 AAC 05.1770 (1) repealed 11/13/94; (2) "filing date" means the date upon which a document is delivered to the commission; except that a request to transfer will be considered filed upon the expiration of 60 days following the filing date of the notice o…

The provisions of 20 AAC 05.1800 - 20 AAC 05.1865 apply to all matters presented to the commission for administrative hearing and adjudication. The provisions of 20 AAC 05.1870 apply to show cause proceedings. Notes 20 AAC 05.1800 Eff. 12/18/74, Register 52; am 1/2/81, Register 7…

Parties to commission proceedings under 20 AAC 05.1800 - 20 AAC 05.1870 include those persons or entities that have requested and been granted an administrative hearing, other persons or entities allowed or ordered to participate in an administrative hearing, respondents in a sho…

(a) An applicant or other party may request an oral or written administrative hearing by filing a request for a hearing with the commission. The request for a hearing must contain a statement of why the commission's determination should be changed, and indicate which findings of …

In all cases where an administrative hearing is granted, the commission will determine the time and place of hearing and deliver or mail a notice of hearing to the applicant or other party at least 30 days before the hearing. The applicant or other party may waive the 30-day noti…

(a) Repealed 5/20/90. (b) If the hearing officer determines that a genuine issue exists regarding the interpretation of a regulation or statute, and that no facts are in dispute, the hearing officer may order that the issue be decided without holding an evidentiary hearing. The h…

(a) A hearing officer shall withdraw from a proceeding whenever he deems himself disqualified. A hearing officer may withdraw from a proceeding at the request of a party if the request precedes the hearing officer's entry of decision, provided that the party making such request s…

(a) Oral evidence may be taken only upon oath or affirmation. (b) Alaska Rules of Evidence apply except when the hearing officer determines that their application is not required in order to assure fair treatment of the applicant or other party and that the evidence offered is re…

(a) The hearing officer may issue orders and schedule prehearing conferences requiring the attendance of parties in order to establish procedures for discovery and briefing, simplify the issues, discuss settlement, and otherwise facilitate resolution of a proceeding. (b) Upon the…

For good cause shown or at the hearing officer's discretion, a hearing officer may order the continuance of a hearing or the waiver of a procedural requirement of 20 AAC 05.1800 - 20 AAC 05.1870. Notes 20 AAC 05.1830 Eff. 12/18/74, Register 52; am 5/20/90, Register 114 Authority:…

If an applicant or other party fails to appear at an oral hearing, the hearing officer or commissioners, unless good cause is shown, may act upon the evidence of record without notice to the applicant or other party. Good cause will be found only for unexpected, unforeseen, and u…

(a) The hearing officer shall issue a written decision containing findings and conclusions, and the reasons or basis for them, on all material issues of fact, law, or discretion presented on the record. The written decision must also set out an appropriate order resolving those i…

(a) An applicant or other party may file a petition for administrative review, by the commission, of a decision by a hearing officer, within the 60-day period set out in 20 AAC 05.1840(b) (2). The commission will, in its discretion, and on its own motion, order administrative rev…

(a) The commission will, in its discretion, order a reconsideration of its decision on its own motion within 30 days of a final commission decision. (b) An applicant or other party may file a petition for reconsideration of a final commission decision within 30 days after the dat…

(a) An applicant may represent himself before the commission or may file a written authorization for another person to represent him before the commission. (b) A former employee of the commission may not represent an individual before the commission in connection with a matter in…

(a) The commission will conduct investigations for the purpose of determining compliance with AS 16.43 and regulations adopted by the commission. The scope of investigation is limited to information and material reasonably related to carrying out that purpose. Investigations will…

(a) A show cause proceeding under AS 16.43.960 is subject to the provisions of 20 AAC 05.1800 - 20 AAC 05.1865 except as specified in AS 16.43.960 and this section. (b) A show cause proceeding under AS 16.43.960 may be initiated by a commissioner or the commission's designee. A s…

(a) All correspondence with the commission should be addressed to the commission at its principal office. (b) A written communication to the commission, except a notice of intent to permanently transfer an entry permit, is officially submitted to, filed with, and received by the …

(a) A remittance shall be by authorized credit card, or by money order, bank draft or check payable to the Commercial Fisheries Entry Commission. Remittances in coin or currency will be sent at the risk of the loss of money sent in that manner. (b) Repealed 12/29/2000. (c) The co…