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.
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(c)
Male king crab and male Tanner crab may be taken only with pots.
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(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.
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(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,
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(1)
specify the species of king or Tanner crab that may be taken;
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(2)
specify an area or areas open to CDQ fishing operations;
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(3)
specify registration requirements;
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(4)
specify fishing periods;
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(5)
specify gear requirements, including the numbers of pots;
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(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;
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(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;
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(8)
require onboard observers during fishing operations;
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(9)
require the operator of a vessel fishing CDQ crab allocations to notify the department of fishing time, delivery time, and delivery destination;
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(10)
establish reporting requirements;
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(11)
require logbooks;
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(12)
establish times and areas allowed for placement and removal of gear;
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(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.
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(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.
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(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.
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(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.
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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 -
Art. III, sec. 1, Ak. Const.
Art. III, sec. 24, Ak. Const.
6 AAC 93.025
Community Development Quota Allocations.
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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.
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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
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forward to the secretary written recommendations for approval of CDP application and CDQ allocations; and |
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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.
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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 93.900
DEFINITIONS.
In this chapter
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- separate party operating a CDP under contract with or in partnership with a qualified applicant;
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(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;
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(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;
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(10)
"secretary" means the United States Secretary of Commerce.
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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.
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History -
Eff. 4/20/94, Register 130
Authority -
AS 43.77.040
AS 43.77.070
AS 43.77.200