1. (a) Interim use permits issued under AS 16.43.210 and entry permits for the Southeastern Alaska Dungeness crab pot fishery will have restrictions on the number of pots that the permit holder can use in the fishery. These restrictions will be based upon the participation of the applicant in the fishery before the qualification date.

   1. (1) a permit will be restricted to one of the following tier-levels:
   2. (2) tier-level pot restrictions placed on limited entry permits at initial issuance will remain with the permit thereafter.

   Tier-

   LevelMaximum Pots the Permit Holder Can UseA300 pots or 100% of the board's maximum, whichever is lessB225 pots or 75% of the board's maximum, whichever is lessC150 pots or 50% of the board's maximum, whichever is lessD75 pots or 25% of the board's maximum, whichever is less

2. (b) The tier-level pot restrictions will be assigned based upon the applicant's past participation in the fishery as a permit holder over the January 1, 1988 - January 2, 1992 time period as follows:

   1. (1) tier-level calculations will be based upon the applicant's cumulative commercial harvest of Dungeness crab during the January 1, 1988 - January 2, 1992 time period;
   2. (2) the applicant's cumulative commercial harvest of Dungeness crab from the fishery, excluding deadloss, will be compared with thresholds established under paragraph (3) of this subsection to determine an applicant's final tier-level;
   3. (3) cumulative pounds harvested "thresholds" are established as follows:

   4. (4) the following procedures will be used to assign a tier-level to an applicant's interim-use or entry permit:

      1. (A) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was greater than or equal to 75,000 pounds, the applicant's tier-level will be tier-level A;
      2. (B) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 75,000 pounds but greater than or equal to 35,000 pounds, the applicant's tier-level will be tier-level B;
      3. (C) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 35,000 pounds but greater than or equal to 10,000 pounds, the applicant's tier-level will be tier-level C; and
      4. (D) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 10,000 pounds, the applicant's tier-level will be tier-level D.

   Cumulative Pounds Minimum Threshold LevelsTier ATier BTier CTier D75,000 pounds or greaterLess than 75,000 pounds but greater than or equal to 35,000Less than 35,000 pounds or greater than or equal to 10,000 poundsLess than 10,000 pounds

(Eff. 12/14/95, Register 136)

Authority: AS 16.43.100, AS 16.43.110, AS 16.43.210, AS 16.43.270