Quote:
Originally Posted by freshalaska
Not sure how to word this but here goes. I don’t own or rent a dirt house. Wife and I are year round live a-boards. How do I prove, demonstrate, document that my boat is my home? Here in Alaska NOAA allows me to harvest 25 subsistence halibut a day only I can’t process them on a boat. I keep running into situations where people often governments can’t or won’t recognize my boat is my home and only home. My boat is just like any dirt house has all the same basic stuff, only a good part of the year, not all, it’s in the water. Must be some way to establish occupancy or residency on a boat. Maybe I’m not explaining this well but I bet you know what I’m getting at. Any ideas. I’m sure others have dealt with this. |
Hope this info will be of assistance.
The number that can be harvested under Subsistence Halibut Registration Certificate (SHARC) varies by location and season. In some non-substance
water regions, no harvesting is permitted.
Rural means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a community of Alaska listed at §300.65(g)(1) or an area of Alaska described at §300.65(g)(3) in which the non-commercial, customary, and traditional use of fish and game for personal or family consumption is a principal characteristic of the economy or area and in which there is a long-term, customary, and traditional use of halibut.
Rural resident means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska:
(1) An individual domiciled in a rural community listed in the table at §300.65(g)(1) and who has maintained a domicile in rural communities listed in the table at §300.65(g)(1), or in rural areas described at §300.65(g)(3), for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country; or
(2) An individual domiciled in a rural area described at §300.65(g)(3) and who has maintained a domicile in rural areas described at §300.65(g)(3), or in rural communities listed in the table at §300.65(g)(1), for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country.
“Domicile” is defined in Alaska Statute 16.05.940 (11) as “the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away;…”
So you are stating your domicile is your boat. Good enough. Then one has to determine if your boat / domicile is and was located for 12 consecutive months immediately preceding the time when the assertion of residence is made, in the specific described rural areas or rural communities, specified above. From the figures it appears the designation of rural and non-rural areas are denoted as parcels of land, and not zones of water. The only areas of designation for water zoning appears to be non-subsistence water zones. So it looks like you may have some difficulty in claiming rural residency status unless your boat has been put up on the hard in one of the non-rural areas or communities; guessing here but seems unlikely that, given that most shipyards are probably located in non-rural areas and you probably have not been on the hard for 12 months. But perhaps you have been tied to land at a marina for 12 consecutive months then I would think that one could argue you resided in the rural area or rural community.
Subsistence means, with respect to waters in and off Alaska, the non-commercial, long-term, customary and traditional use of halibut.
Subsistence halibut means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade.
Subsistence halibut registration certificate (SHARC) means
documentation, issued by NMFS, of the registration required at §300.65(i).
§300.65 Catch sharing plan and domestic management measures in waters in and off Alaska.
(g) Subsistence fishing in and off Alaska. No person shall engage in subsistence fishing for halibut unless that person meets the requirements in paragraphs (g)(1), (g)(2), or (g)(3) of this section.
(1) A person is eligible to harvest subsistence halibut if he or she is a rural resident of a community with customary and traditional uses of halibut listed in the following table:
Reference here to locate the tables and figures or areas and communities:
https://www.ecfr.gov/cgi-bin/text-id...e50.11.300_161
I have copied and attached some of the exemplary figures below. There are much clearer .pdf files provided at the above link which you can download.
(2) A person is eligible to harvest subsistence halibut if he or she is a
member of an Alaska Native tribe with customary and traditional uses of halibut listed in the following table:
(3) A person is eligible to harvest subsistence halibut if he or she is a rural resident in one of the rural areas of Alaska described as follows:
(i) Southeast Alaska east of 141° W. long., except for the land areas of the Ketchikan Gateway Borough as described at paragraph (g)(4)(i) of this section, the land areas of the City and Borough of Juneau, and the Ketchikan and Juneau non-subsistence
marine waters areas as defined in paragraphs (h)(3)(i) and (h)(3)(ii) of this section
(see figures 2 and 3 to this subpart E).
(ii) The Alaska Peninsula, Aleutian Islands, Kodiak Island Archipelago, and the area south of the northern boundary of the Bristol Bay Borough and south of 58°39.2′ N. lat.
(see figures 5, 6, and 7 to this subpart E).
(iii) Nelson, Nunivak, and Saint Lawrence Islands
(see figure 6 to this subpart E).
(iv) All other areas of Alaska within ten statute miles of mean high water on the Bering Sea and
Pacific Ocean coasts, south of Cape Espenberg, including along the Kuskokwim River to Bethel, and that are not specified as non-rural land or water areas as defined in paragraph (g)(4) of this section
(see figures 4, 5, 6, and 7 to this subpart E).
(4) Non-rural areas consist of the non-subsistence marine waters areas defined in paragraph (h)(3) of this section and the land areas of the following cities and boroughs for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska:
(i) The Ketchikan Gateway Borough on May 18, 2008. This area encompasses all those islands bounded on the east, north, and west by Behm
Canal, Behm Narrows, and Clarence Strait to its junction with Nichols
Passage, and on the south by Nichols and Revillagigedo Channel to its junction with Behm
Canal. The designated boundaries extend to the center line of Behm Canal, Behm Narrows, Clarence Strait, Nichols
Passage, and Revillagigedo Channel, and include all the area of Revillagigedo, Gravina, Pennock, Betton, Grant and other Clover Passage and Naha Bay Islands, Hassler, Gedney, Black, Smeaton, Manzanita, Rudyerd, and Bold Islands, and all other
offshore and adjacent islands and inlets thereto (see figure 2 to this subpart E).
(ii) The City and Borough of Juneau (see figure 3 to this subpart E).
(iii) The Greater Anchorage Area Borough (see figures 4 and 5 to this subpart E).
(iv) The Matanuska-Susitna Borough (see figure 5 to this subpart E).
(v) The Kenai Peninsula Borough excluding the area of the Seldovia Census Designated Place, the area south and west of that place, and the area south and west of a line that runs from 59°27.5′ N. lat., 151°31.7′ W. long. to 59°12.5′ N. lat., 151°18.5′ W. long (see figure 5 to this subpart E).
(vi) The City of Valdez (see figures 4 and 5 to this subpart E).
(h) Limitations on subsistence fishing.
Subsistence fishing for halibut may be conducted only by persons who qualify for such fishing pursuant to paragraph (g) of this section and who hold a valid subsistence halibut registration certificate in that person's name issued by NMFS pursuant to paragraph (i) of this section, provided that such fishing is consistent with the following limitations.
Limitations are as to number of fish in
caught per day per vessel and in possession, and number of hooks.
(4) Waters in and off Alaska that are not specifically identified as non-subsistence marine waters areas in paragraph (h)(3) of this section are rural for purposes of subsistence fishing for halibut. Subsistence fishing may be conducted in any rural area by any person with a valid subsistence halibut registration certificate in his or her name issued by NMFS under paragraph (i) of this section, except that:
(i) A person who is not a rural resident but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal
membership.
(ii) A person who is a resident outside the State of Alaska but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (g)(2) of this section is limited to conducting subsistence fishing for halibut only in his or her area of tribal
membership.
(iii) For purposes of this paragraph (h)(4), “area of tribal membership” means rural areas of the Commission regulatory area under which the Organized Tribal Entity is listed in the tables set out in paragraph (g)(2) of this section, or the Bering Sea closed area adjacent to the rural area in which the Alaska Native tribal headquarters is located.
(i) Subsistence registration. A person must register as a subsistence halibut
fisher and possess a valid subsistence halibut registration certificate in his or her name issued by NMFS before he or she begins subsistence fishing for halibut in waters in and off Alaska.
(1) A subsistence halibut registration certificate will be issued to any person who registers according to paragraph (i)(2) of this section and who is qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section. The Alaska Region, NMFS, may enter into cooperative agreements with Alaska Native tribal governments or their representative organizations for purposes of identifying persons qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section.
Alaska Resident:
Note the definition an Alaska Resident is NOT the same as the definition of a rural or non-rural resident for Subsistence Halibut harvesting.
Alaska Resident per AS 16.05.415(a): "resident" means a person (including an alien) who is physically present in Alaska with the intent to remain indefinitely and make a home here, has maintained that person's domicile in Alaska for the 12 consecutive months immediately preceding this application for a
license, and is not claiming residency or obtaining benefits under a claim of residency in another state, territory, or country; a member of the military
service or U.S. Coast Guard who has been permanently stationed in Alaska for the 12 consecutive months immediately preceding this application for a
license; or a dependent of a resident member of the military
service or U.S. Coast Guard who has lived in Alaska for the 12 consecutive months immediately preceding this application for a license. A person who does not otherwise qualify as a resident may not qualify by virtue of an interest in an Alaska business.
Per AS 16.05.415(b): A person who establishes residency in the state in accordance with the residency provision above remains a resident during an absence from the state unless during the absence the person (1) establishes or claims residency in another state, territory, or country; or (2) performs an act, or is absent under circumstances, that are inconsistent with the intent required under the residency provision above.
https://www.adfg.alaska.gov/index.cf...residency%20or
Alaska Residency qualification sheet.
https://www.adfg.alaska.gov/index.cf...qualifications
Linked below are some guidelines to help determine whether you meet the residency requirements to purchase/receive a State of Alaska resident sport fishing, hunting, trapping, or
commercial crewmember license.
https://www.adfg.alaska.gov/static/l..._infosheet.pdf
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