Appendix D State of Alaska CDQ Regulations

PERMANENT REGULATIONS

TITLE 05

CHAPTER 039

ARTICLE 06

5 AAC 39.690

BERING SEA/ALEUTIAN ISLANDS KING AND TANNER CRAB COMMUNITY DEVELOPMENT QUOTA (CDQ) FISHERIES MANAGEMENT PLAN.

  • (a)  

    Male red and blue king crab and male Tanner crab may be taken in a Bering Sea/Aleutian Islands CDQ fishery only under the conditions of a permit issued by the commissioner. Female crab of these species may not be taken.

  • (b)  

    In the Bering Sea/Aleutian Islands CDQ fishery

    • (1)  

      male king crab may be taken only in Registration Area T as described in 5 AAC 34.800 and Registration Area Q as described in 5 AAC 34.900 ; and

    • (2)  

      male Tanner crab may be taken only in the Bering Sea District of Registration Area J as described in 5 AAC 35.505 (e).



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--> Appendix D State of Alaska CDQ Regulations PERMANENT REGULATIONS TITLE 05 CHAPTER 039 ARTICLE 06 5 AAC 39.690 BERING SEA/ALEUTIAN ISLANDS KING AND TANNER CRAB COMMUNITY DEVELOPMENT QUOTA (CDQ) FISHERIES MANAGEMENT PLAN. (a)   Male red and blue king crab and male Tanner crab may be taken in a Bering Sea/Aleutian Islands CDQ fishery only under the conditions of a permit issued by the commissioner. Female crab of these species may not be taken. (b)   In the Bering Sea/Aleutian Islands CDQ fishery (1)   male king crab may be taken only in Registration Area T as described in 5 AAC 34.800 and Registration Area Q as described in 5 AAC 34.900 ; and (2)   male Tanner crab may be taken only in the Bering Sea District of Registration Area J as described in 5 AAC 35.505 (e).

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--> (c)   Male king crab and male Tanner crab may be taken only with pots. (d)   Unless otherwise specified in a permit issued under (e) of this section, an operator of a vessel fishing CDQ crab allocations shall comply with all regulations in 5 AAC 34, 5 AAC 35, and 5 AAC 39 that are applicable to the area and species of crab being fished. (e)   In the permit required in (a) of this section the commissioner may, as the commissioner determines it necessary for the conservation and management of the resource, (1)   specify the species of king or Tanner crab that may be taken; (2)   specify an area or areas open to CDQ fishing operations; (3)   specify registration requirements; (4)   specify fishing periods; (5)   specify gear requirements, including the numbers of pots; (6)   designate the poundage of the federal CDQ allocation of a species of king or Tanner crab that may be taken by a CDQ group in a registration area or portion of a registration area; (7)   if a CDQ fishery is conducted immediately before the opening of the commercial fishery for a species of king or Tanner crab, limit a CDQ fishery harvest, by establishing fishing periods and the amount of the CDQ allocation for that same species of king or Tanner crab that may be taken before the opening of the commercial fishery; (8)   require onboard observers during fishing operations; (9)   require the operator of a vessel fishing CDQ crab allocations to notify the department of fishing time, delivery time, and delivery destination; (10)   establish reporting requirements; (11)   require logbooks; (12)   establish times and areas allowed for placement and removal of gear; (13)   establish times, areas, and conditions allowed for storage of gear;

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--> (14)   set out other conditions deemed necessary by the commissioner. (f)   A permit issued under (e) of this section will be considered the registration required by 5 AAC 34.020 or 5 AAC 35.020. (g)   Notwithstanding 5 AAC 34.005 and 5 AAC 35.005 , participation by a CDQ permit holder in an exclusive or superexclusive king or Tanner crab fishery does not preclude a vessel or permit holder from participation in a CDQ crab fishery. (h)   Notwithstanding 5 AAC 34.005 and 5 AAC 35.005 , participation by a CDQ permit holder in a CDQ king or Tanner crab fishery does not preclude a vessel or permit holder from participation in an exclusive or superexclusive crab fishery. History - Eff. 9/12/97, Register 143 Authority - AS 16.05.251 6 AAC 93.015 Delegation Of Authority. The commissioners of the Department of Community and Regional Affairs, Department of Fish and Game, and Department of Commerce and Economic Development, acting jointly, are the governor's designees for the purposes of this chapter. The governor's designees shall (1) solicit community development plan (CDP) applications from eligible communities; (2) conduct the initial review and evaluation of proposed CDPs; (3) make recommendations for community development quota (CDQ) allocations to the governor; and (4) review and recommend for approval amendments to existing CDPs. The governor will make all final recommendations regarding CDP applications and CDQ allocations to the United States Secretary of Commerce (secretary) in accordance with 50 C.F.R. 675.27(a) - (c), 50 C.F.R. 676.24(c), and this chapter. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131 Authority -

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--> Art. III, sec. 1, Ak. Const. Art. III, sec. 24, Ak. Const. 6 AAC 93.025 Community Development Quota Allocations. (a)   To receive a CDQ allocation, a qualified applicant must submit to the Office of the Governor a complete CDP application before the end of the CDP application period established in 6 AAC 93.020 (a). Except for exceptional circumstances beyond the control of the qualified applicant, the governor's designees will not review a late CDP application. A CDP application is complete if the CDP application includes: (1)   for a pollock CDQ allocation, (A)   the information described at 50 C.F.R. 675.27(b), as amended as of July 14, 1994; (B)   a statement from the applicant that the applicant is a ''qualified applicant" as defined at 50 C.F.R. 675.27(d)(6), as amended as of July 14, 1994; and (C)   a statement from the applicant that each community participating in the CDP application is an eligible community as described at 50 C.F.R. 675.27(d)(2), as amended as of July 14, 1994; (2)   for a halibut CDQ allocation or a sablefish CDQ allocation, (A)   the information described at 50 C.F.R. 676.24(d), as amended as of July 14, 1994; (B)   a statement from the applicant that the applicant is a "qualified applicant" as defined at 50 C.F.R. 676.24(f)(6), as amended as of July 14, 1994; and (C)   a statement from the qualified applicant that each community participating in the CDP application is an eligible community as described at 50 C.F.R. 676.24(f)(2), as amended as of July 14, 1994; (3)   a list of the communities participating in the CDP application; and (4)   a statement of support from the governing body of each community participating in the CDP application.

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--> (b)   An eligible community may not concurrently apply for or receive more than one CDQ allocation during a single CDP application period for each of the following species: (1)   pollock; (2)   halibut; (3)   sablefish. (c)   If the applicant for a CDQ is a managing organization, that organization must have (1)   a board of directors whose membership is composed of at least 75 percent resident fishermen from the community or group of communities involved in the CDP application, with at least one member from each participating community; and (2)   a statement of support from each community on whose behalf the organization is applying, that was approved by the governing body of that community. (d)   If a managing organization will participate in the fishery on behalf of an applicant, but is not the applicant, that organization must (1)   provide a statement of support from the governing body of each community that the organization represents; and (2)   document the legal relationship between the applicant and the managing organization, through a contract or other legally binding agreement, that clearly describes the responsibilities and obligations of the parties. (e)   In addition to the information required under (a) - (c) of this section, 50 C.F.R. 675.27, and 50 C.F.R. 676.24 a qualified applicant shall provide with the CDP application all information regarding the particular benefits that a CDQ allocation under the CDP would generate for the Bering Sea/Aleutians Island region, the state, or the United States. (f)   The requirement for a statement of support under (a), (c)(2), or (d)(1) of this section may be satisfied by providing a copy of a resolution, letter, or other appropriate expression of support from the governing body of that community. (g)   In addition to the information required in this section, a qualified applicant shall submit to the Office of the Governor additional information that the gover-

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--> nor or the governor's designees determine to be necessary to determine whether to recommend the complete CDP application to the secretary for approval. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131 Authority - Art. III, sec. 1, Ak. Const. Art. III, sec. 24, Ak. Const. 6 AAC 93.040 FINAL EVALUATION OF COMPLETE CDP APPLICATIONS. (a)   Following the close of the CDP application period, the governor's designees shall evaluate all complete CDP applications for a (1)   pollock CDQ allocation to determine if they meet the requirements of 50 C.F.R. 675.27, as amended as of July 14, 1994, and this chapter; and (2)   halibut or sablefish CDQ allocation to determine if they meet the requirements of 50 C.F.R. 675.24, as amended as of July 14, 1994, and this chapter. (b)   The governor's designees shall consider the following factors when reviewing a complete CDP application: (1)   the number of eligible communities participating in the CDQ program; (2)   the size of the allocation of fishery resource requested by the qualified applicant and the number of years the qualified applicant requires the allocation to achieve the milestones, goals and objectives of the CDP as stated in the complete CDP application; (3)   the degree to which the project is expected, if any, to develop a self-sustaining local fisheries economy, and the proposed schedule for transition from reliance on a CDQ allocation to economic self-sufficiency; (4)   the degree to which the project is expected, if any, to generate capital or equity in the local fisheries economy or infrastructure, or investment in commercial fishing or fish processing operations;

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--> (5)   the contractual relationship between the qualified applicant and joint venture partners, if any, and the managing organization. (c)   For each complete CDP application evaluated by the governor's designees, the governor will make a written finding that the complete CDP application (1)   satisfies the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994, and this chapter, and will be recommended to the secretary for approval for a CDQ allocation in the amount requested by the qualified applicant; (2)   satisfies the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994, and this chapter, and will be recommended to the secretary for approval with a reduced CDQ allocation from the amount requested by the qualified applicant; or (3)   does not satisfy the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994, and this chapter, and will not be recommended to the secretary for approval. (d)   If there is a sufficient quota of fishery resource available to meet the CDQ allocations requested in all of the complete CDP applications, the governor will, in the governor's discretion, recommend all of the complete CDP applications that satisfy the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994, and this chapter to the secretary for approval. (e)   If there is an insufficient quota of fishery resource available to meet the combined total CDQ allocations requested in all of the complete CDP applications that satisfy the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994, and this chapter, the governor will, in the governor's discretion and after consultation in accordance with (f) of this section, (1)   apportion the available quota among the qualified applicants and recommend the apportionment to the secretary for approval; or (2)   select those complete applications that the governor believes best satisfy the objectives, requirements, and criteria of the CDQ program and recommend those applications to the secretary for approval; a recommendation under this paragraph may also include a recommendation for an apportionment in accordance with (1) of this subsection. (f)   Before the governor recommends an apportionment of the quota under (e) of this section, the governor will consult with the qualified applicants that may be

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--> affected by the proposed apportionment. The governor will, in the governor's discretion, request a qualified applicant to submit a revised complete CDP application to assist the governor in determining the (1)   economic feasibility and likelihood of success of the CDP with an allocation of fishery resource less than that requested in the complete CDP application; and (2)   particular benefits that may be derived by participating eligible communities affected by an allocation of fishery resource less than that requested in the complete CDP application. (g)   Priority in apportioning the quota of fishery resource under (e) of this section will be based upon maximizing the benefits of the CDP program to the greatest number of participating eligible communities. (h)   Before forwarding recommendations to the secretary under 6 AAC 93.045, the governor, or the governor's designees, will consult with the North Pacific Fishery Management Council (council) regarding the complete CDP applications to be recommended by the governor for CDQ allocations and will incorporate any comments from the council into the written findings required under (c) of this section and 50 C.F.R. 675.27(b) or 50 C.F.R. 676.24(d), as amended as of July 14, 1994. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131 Authority - Art. III, sec. 1, Ak. Const. Art. III, sec. 24, Ak. Const. 6 AAC 93.045 RECOMMENDATIONS TO THE SECRETARY. Within five working days after the end of the review and evaluation period established under 6 AAC 93.020, the governor will (1)   forward to the secretary written recommendations for approval of CDP application and CDQ allocations; and

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--> (2)   notify in writing every CDP applicant whether the applicant's CDP was recommended to the secretary, including any reduction of allocation made under 6 AAC 93.040. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126 Authority - Art. III, Sec. 1, Ak. Const. Art. III, Sec. 24, Ak. Const. 6 AAC 93.055 Amendments To A CDP And Requests For Increase In Allocation. (a)   A qualified applicant that seeks to amend a complete CDP application under 50 C.F.R. 675.27(e)(3) or 50 C.F.R. 676.24(g)(3), as amended as of July 14, 1994, shall submit to the Office of the Governor a written request for approval of the amendment. The governor or the governor's designees will recommend to the secretary for approval a request to amend a complete CDP application under (1)   50 C.F.R. 675.27(e)(3), as amended as of July 14, 1994, if the CDP, if changed, would continue to meet the requirements under 50 C.F.R. 675.27, as amended as of July 14, 1994; and (2)   50 C.F.R. 676.24(g)(3), as amended as of July 14, 1994, if the CDP, if changed, would continue to meet the criteria under 50 C.F.R. 676.24(f), as amended as of July 14, 1994. (b)   If a qualified applicant seeks to increase its pollock CDQ allocation under a multi-year CDP, its halibut CDQ allocation, or its sablefish CDQ allocation, the qualified applicant shall submit a new complete CDP application to the Office of the Governor for approval as required under this chapter and under 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131

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--> Authority - Art. III, sec. 1, Ak. Const. Art. III, sec. 24, Ak. Const. 6 AAC 93.900 DEFINITIONS. In this chapter (1)   "allocation" means a portion of a CDQ that is allocated by the secretary to an individual qualified applicant; (2)   "CDP" or "community development plan" means a plan submitted by a qualified applicant for a CDQ allocation that meets the requirements of 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994; (3)   "CDQ" or "community development quota" means a specific quota of fishery resource set aside for community development purposes by the council as part of the Western Alaska Community Development Quota Program established under 50 C.F.R. 675.27 or 50 C.F.R. 676.24, as amended as of July 14, 1994; (4)   "council" means the North Pacific Fishery Management Council established in 16 U.S.C. 1852, as amended as of July 14, 1994; (5)   "eligible community" means a community that (A)   for a pollock CDQ, meets the criteria of or is listed in Table 1 of 50 C.F.R. 675.27(d)(2), as amended as of July 14, 1994; or (B)   for a halibut CDQ or a sablefish CDQ, meets the criteria of or is listed in or is listed in Table 1 of 50 C.F.R. 676.24, as amended as of July 14, 1994; (6)   "governing body of an eligible community" means a city council, traditional council, or Indian Reorganization Act (IRA) Council of an eligible community; (7)   "managing organization" means a legally recognized corporation, company, association, or other entity responsible for the management or operation of a CDP that is able to sue, be sued, enter into binding agreements, obtain loans, and own property; a "managing organization" may be either a qualified applicant, or a

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--> separate party operating a CDP under contract with or in partnership with a qualified applicant; (8)   "qualified applicant" means an organization described in 50 C.F.R. 675.27(d)(6) or 50 C.F.R. 676.24(f)(6), as amended as of July 14, 1994; (9)   "resident fisherman" means a resident fisherman as defined in 50 C.F.R. 675.27(d)(7) or 50 C.F.R. 676.24(f)(7), as amended as of July 14, 1994; (10)   "secretary" means the United States Secretary of Commerce. History - Eff. 11/18/92, Register 124; am 4/10/93, Register 126; am 8/13/94, Register 131 Authority - Art. III, sec. 1, Ak. Const. Art. III, sec. 24, Ak. Const. 15 AAC 77.055 REQUIREMENTS FOR NONPROFIT CORPORATIONS. (a)   As a condition to a person obtaining a credit under AS 43.77.040 , a nonprofit corporation receiving or anticipating receipt of a contribution shall separately account for the amount of the contribution and agree to allow the department to audit all accounts relating to the contributions. (b)   In order to separately account for the expenditure of the contribution, the nonprofit corporation must establish, the following special accounts, as applicable, in its accounting system: (1)   CDQ fisheries scholarships; (2)   CDQ fisheries industry training; (3)   CDQ fisheries transportation grants; (4)   CDQ fisheries transportation loans; (5)   CDQ fisheries facilities grants;

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--> (6)   CDQ fisheries facilities loans; and (7)   CDQ fisheries research grants. (c)   The use of monies in the special accounts must be determined on a first-in-first-out (FIFO) basis. All contributions, with the exception of those initially placed in a loan account, must be distributed from the credited account and used for a qualified purpose by the end of the calendar year following the calendar year of receipt. Contributions placed in a loan account may be accumulated without the requirement for distribution within a specified time period. A contribution initially accounted for in a loan account that is transferred to another account must be distributed from that account by the end of the calendar year following the calendar year of the transfer. Contributions may not be transferred from a non-loan account to a loan account. (d)   No credit is allowed, and prior credits will, in the department's discretion, be revoked, if the person, or a party related to the person receives a loan or grant from a nonprofit corporation to which that person has made or will make a contribution that qualifies for the credit, unless the person first obtains written authorization from the department to receive the loan or grant. (e)   A nonprofit corporation, to accommodate potential contributors, may apply to the department and request a determination that the intended use of contributions for a specifically designated program satisfies one or more of the requirements of AS 43.77.040 and this chapter History - Eff. 4/20/94, Register 130 Authority - AS 43.77.040 AS 43.77.070 AS 43.77.200