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

(a) A person who holds salmon net gear permits for more than one administrative area or his authorized agent shall designate upon a form provided by the commission, the single area in which he desires to salmon net fish in that year, as required by 5 AAC 39.115, adopted by the Al…

(a) A person who holds salmon net permits in more than one administrative area, and has designated an area of intended fishing as provided in 20 AAC 05.1940 may, before using the permit in the salmon net fishery designated, redesignate the area in which the person intends to fish…

(a) A person who holds salmon net permits in more than one administrative area may annually renew all permits so held. (b) A person who holds salmon net permits in more than one administrative area, and who has designated the area of intended salmon net fishing as provided in 20 …

A person who holds two entry permits for the same salmon fishery (1) shall annually renew both entry permits; (2) will be issued only one permit card, except that a second permit card will be issued if additional fishing opportunities are authorized for that salmon fishery by the…

(a) Except for those vessels exempted under AS 16.05.495, the owner of a vessel used to take salmon with net gear, or an agent authorized in accordance with 20 AAC 05.1960, shall complete the area registration required by 5 AAC 39.120. (b) The single area in which the vessel will…

(a) If the owner of a salmon net fishing vessel, or his or her authorized agent, desires to reregister the vessel for a different salmon net registration area as provided in 5 AAC 39.120, he or she will be issued a new vessel license area tab for the area of registration and a ne…

(a) A commercial fishing vessel license issued by the commission will include a tab designating the years to be fished; and a receipt card designating the vessel, owner, and any other information that the commission considers necessary. If appropriate an ADF&G number plate will b…

The replacement of a commercial fishing vessel license, including the metal ADF&G number plate, year tab, area tab and receipt card, because of damage, loss, or theft, is governed by the procedures of 20 AAC 05.570. Notes 20 AAC 05.1959 Eff. 6/18/86, Register 98 Authority:AS 16.0…

(a) By submitting to the commission all properly completed forms required, together with the appropriate fees, an authorized agent may renew an entry permit, renew an interim-use permit, renew a vessel entry permit, renew a vessel interim-use permit, make initial application for …

Forms provided by the commission will, in the commission's discretion, bear notice that a false statement knowingly made to the commission constitutes the crime of unsworn falsification under AS 11.56.210 and the person making the false statement is subject to criminal penalties.…

(a) Upon receipt of notice from a court, the commission will immediately assess demerit points against a person for each conviction of a commercial fishing law designated in AS 16.43.850(b) or a regulation adopted under the statutes designated in AS 16.43.850(b), including a stri…

Unless otherwise ordered by a court, an appeal of a conviction for violating a commercial fishing law shall not prevent the commission from assessing points or suspending commercial salmon fishing privileges under AS 16.43.850 - AS 16.43.860, or from suspending commercial fishing…

(a) Subject to the limitations of 20 AAC 05.100, 20 AAC 05.110, 20 AAC 05.130 and 20 AAC 05.560, permits may be renewed and vessel licenses applied for at any time after the appropriate forms are made available by the commission. The date of permit or vessel license issuance or r…

(a) The commission will determine appraised values of entry permits on a monthly basis to carry out the purposes of AS 16.10.333-16.10.339 and AS 44.81.230-44.81.250. Requests for interim reevaluation of appraised values will not be considered except from the Department of Commer…

(a) For the purpose of issuing interim-use permits and entry permits, administering the collection of annual fees, and other purposes required for the administration of AS 16.43, a fishery identification system is established. (b) Each fishery is identified by a code of letters a…

The letter, or letter and number code, from the following schedule is used to indicate the specific fishery resource for which an interim-use or entry permit is issued: Code A Abalone B Halibut C Sablefish D Dungeness Crab E Bering Sea Hair Crab F Freshwater Fish G Roe Herring - …

(a) A number code from the following schedule is used to indicate the specific type of gear for which an interim-use or entry permit is issued: Code 01 purse seine (hand or power) 1 (A - D) herring gillnet and seine, combined fishery, with vessel restrictions++ 02 beach seine 03 …

(a) For the purposes of issuing interim-use and entry permits for all waters subject to the jurisdiction of the State of Alaska, the administrative areas described in the schedule below are established. A letter code from the following schedule will be used to designate the speci…

(a) The commission will determine, on a yearly basis, the annual fee for the issuance or renewal of an entry permit or interim-use permit according to the following: (1) the annual base fee for the issuance or renewal of an entry permit or interim-use permit in a limited fishery …

(a) The application fee for an entry permit is $100. This fee is nonrefundable and must be paid at the time an application is submitted. (b) Instead of the $100 application fee required under (a) of this section, an applicant may pay a fee of $50 if the applicant meets the eligib…

For the purpose of assessing fees for the application for, annual issuance of, or renewal of entry and interim-use permits, an individual is a resident of this state if, on the date of permit application, issuance, or renewal, and throughout the 12-month period before that date, …

The commission designates the following as distressed fisheries based upon its estimate that the optimum number of entry permits for these fisheries will be less than the highest number of units of gear fished in these fisheries during any one of the four years immediately preced…

(a) The commission designates the following salmon fisheries as those that have reached levels of participation that require the limitation of entry: (1) Southeastern Alaska (A) purse seine fishery (2) Yakutat (D) set gillnet fishery (3) Prince William Sound (E) purse seine fishe…

(a) The maximum number of entry permits for each of the salmon fisheries designated under 20 AAC 05.300 and 20 AAC 05.310 is established as follows: Maximum Number of Fisheries Entry Permits (1) Southeastern Alaska (A) purse seine fishery .............................. 395 drift …

(a) The qualification date for those salmon fisheries designated in 20 AAC 05.300 is January 1, 1973. (b) The qualification date for the following salmon fisheries designated in 20 AAC 05.310(a) is January 1, 1973: (1) Southeastern Alaska (A) purse seine fishery (2) Yakutat (D) s…

(a) An interim-use permit is required under 20 AAC 05.100 and 20 AAC 05.110 for any commercial fishery not designated in 20 AAC 05.300 and 20 AAC 05.310. (b) For all applicants for interim-use permits, there is a rebuttable presumption that the applicant is unable to participate …

(a) Before the commission establishes the maximum number of entry permits for a fishery not subject to a moratorium on new entrants, the commission will issue and renew interim-use permits to persons who submit applications under 20 AAC 05.425 and who establish their present abil…

(a) The commission will issue an interim-use permit to an applicant for an entry permit whose application is classified at a point level that could ultimately qualify the applicant for an entry permit. (b) The commission will, in its discretion, issue an interim-use permit to an …

(a) Application for the issuance or renewal of an interim-use permit must be made to the commission on a form provided by the commission. If the application is submitted by mail or electronic imaging, the application must be signed by the applicant or by an agent authorized in ac…

The requirements and procedures of 20 AAC 05.570 govern the loss or theft of an interim-use permit card. Notes 20 AAC 05.430 Eff. 12/18/74, Register 52; am 6/5/83, Register 86 Authority:AS 16.43.100 AS 16.43.110 AS 16.43.220

(a) Application for the issuance of an entry permit must be made to the commission on a form provided by the commission. The application must be signed by the applicant, and accompanied by the fee required by 20 AAC 05.250. (b) Repealed 1/30/87. Notes 20 AAC 05.500 Eff. 12/18/74,…

(a) The application period for entry permits for those fisheries designated in 20 AAC 05.300 or 20 AAC 05.310 will be from December 19, 1974, through 12:00 midnight March 18, 1975. (b) The application period for entry permits for those fisheries designated in 20 AAC 05.310(a) (9)…

After the close of the application periods established in 20 AAC 05.510, the commission will not accept an application for a permanent entry permit for any fishery if the application is received by the commission after the maximum number of permits have been issued for the partic…

(a) Every applicant shall have the burden of establishing his qualifications for an entry permit. Specific evidence will be requested on the application form for that purpose. The commission may at any time require an applicant to submit additional evidence in affidavit or other …

Pursuant to the decisions by the Alaska Supreme Court in State v. Templeton, 598 P.2d 77 (Alaska 1979), CFEC v. Byayuk, 684 P.2d 114 (Alaska 1984), and Cashen v. State, 686 P.2d 1219 (Alaska 1984), the commission will allow point claims to be made under 20 AAC 05.630(b) (2) and w…

In accordance with the Alaska Supreme Court's decision in Deubelbeiss v. CFEC, 689 P.2d 487 (Alaska 1984), the commission will allow denied and pending applicants to claim points, additional to those that could have been claimed on their original application, for the availability…

(a) If an individual eligible to apply for an entry permit for any fishery designated in 20 AAC 05.300 or 20 AAC 05.310(1) - (8) dies on or after January 1, 1973, the authorized representative of the decedent's estate may apply for an entry permit for that fishery in the name of …

Applications will be accepted from fishermen who operated fish wheels commercially between 1960 and 1975 with registration numbers issued to them by the Department of Fish and Game. Notes 20 AAC 05.535 Eff. 4/9/76, Register 58 Authority:AS 16.43.100(b) AS 16.43.110(a) AS 16.43.26…

(a) The commission will assign each applicant to a priority classification according to the classification system established for that fishery. (b) If the applicant is assigned to a priority classification designated as involving significant economic hardship as provided in AS 16…

(a) The commission will issue entry permits to all applicants assigned to the priority classifications designated in AS 16.43.250(b) as involving significant economic hardship. (b) If the number of permits issued under (a) of this section equals or exceeds the maximum number of e…

(a) Application for annual renewal of an entry permit must be made to the commission on a form provided by the commission. If the renewal form is submitted by mail or electronic imaging, the renewal form must be completed and signed by the permit holder, or by an agent authorized…

(a) An entry permit forfeited under AS 16.43.150(d) may be reinstated by the commission only upon a showing of good cause, payment of any unpaid renewal fees not waived by the commission, and a finding that reinstatement would be consistent with the purposes of AS 16.43.290. (b) …

(a) The holder of a permit, a vessel permit, or a vessel license shall promptly notify the commission of the damage, loss, or theft of a permit card, certificate, vessel permit, or vessel license. The holder of a permit or vessel license may request a duplicate by submitting to t…

(a) Application for special harvest area entry permits must be made upon forms provided by the commission and must be accompanied by a written statement from the Department of Fish and Game acknowledging that the applicant is the holder of a private, nonprofit hatchery permit iss…

(a) Only persons designated as agents by holders of special harvest area entry permits may operate gear under the permit. Designation must be made on forms provided by the commission. (b) Each special harvest area gear operator must have in his possession a copy of the completed …

(a) An applicant for an educational entry permit may apply for a permit only in a fishery that occurs in an administrative area, as described in 20 AAC 05.230, that borders upon the public school district in which the applicant is located. (b) An applicant may apply for only one …

(a) For calendar years beginning after December 31, 1991, application for an educational entry permit must be made before February 1 upon forms required by the commission, and must be accompanied by a written statement from the appropriate government agency acknowledging that the…