(a) The commission may establish a vessel permit system under Alaska Stat. § 16.43.450 – 16.43.520 for the Bering Sea hair crab fishery or a weathervane scallop fishery if the commission determines that

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Terms Used In Alaska Statutes 16.43.450

  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) the regulation of entry into the fishery is necessary to achieve the purposes of this chapter;
(2) a vessel permit system would achieve the purposes of this chapter; and
(3) either

(A) limiting the number of participants in the fishery under Alaska Stat. § 16.43.140 – 16.43.330 would not achieve the purposes of this chapter; or
(B) regulating the number of vessels in the fishery would enable the state to gain or retain management of the fishery.
(b) If the federal government has delegated management authority in the United States exclusive economic zone to the state for the Bering Sea hair crab fishery or a weathervane scallop fishery, the commission may, to the extent consistent with this chapter, adopt regulations to ensure that the vessel permit system is consistent with applicable federal laws.
(c) If the commission establishes a vessel permit system for a fishery that involves more than one fishery resource, type of gear, or administrative area, the commission may limit, as the commission determines appropriate, the fishery resources that may be harvested under the vessel permit, the types of gear that may be used under the vessel permit, or the areas where fishing may occur under the vessel permit. The commission shall adopt criteria, as appropriate, for determining

(1) how restrictions on fishery resources, types of gear, and areas fished are established for individual vessel interim-use permits and vessel entry permits; and
(2) how eligibility to take a particular fishery resource, to use a particular type of gear, or to fish in a particular area is established.
(d) The commission may, after consultation with the Department of Fish and Game, regulate the fishing capacity or effort authorized under a vessel interim-use permit or a vessel entry permit if the commission finds that limitations on fishing capacity or effort are necessary to achieve the purposes of this chapter. The commission shall adopt criteria, as appropriate, for measuring the fishing capacity or effort of a vessel and for determining how restrictions on vessel fishing capacity or effort are established for individual vessel interim-use permits and vessel entry permits. The criteria may be based on past participation.
(e) The commission shall adopt regulations limiting the number of vessel permits that may be held by a permit holder or group of related permit holders if the commission finds that limiting the number of vessel permits that may be held by a permit holder or group of related permit holders is necessary to prevent the excessive concentration of ownership of vessel permits in the fishery.
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