2005-17 Eligible Crab Community for Bering Sea/Aleutian Islands Crab Rationalization ProgramA RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
DESIGNATING THE "KODIAK FISHERIES DEVELOPMENT ASSOCIATION" AS
KODIAK'S "ELIGIBLE CRAB COMMUNITY ENTITY" IN CONNECTION WITH THE BERING
SEA /ALEUTIAN ISLANDS CRAB RATIONALIZATION PROGRAM
WHEREAS, the North Pacific Fishery Management Council has adopted the Bering Sea /Aleutian
Islands crab rationalization program (the "Program ") as Amendments 18 and 19 to the Fishery
Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and
WHEREAS, Congress amended the Magnuson- Stevens Fishery Conservation and Management
Act to require the Secretary of Commerce to approve and implement the Program; and
WHEREAS, the National Marine Fisheries Service issued a Final Rule implementing the Program
on March 2, 2005, that takes effect on April 1, 2005; and
WHEREAS, under the Program, Kodiak is designated an "Eligible Crab Community Entity" (ECCE),
and in connection with such designation, the City of Kodiak and the Kodiak Island Borough have
the authority to jointly exercise certain Rights of First Refusal (ROFR) with respect to Processor
Quota Shares (PQS) allocated to entities in Kodiak and certain communities in the Northern Gulf
of Alaska, upon a proposed transfer of such PQS for use in processing outside of the community
within which it is initially allocated; and
WHEREAS, to exercise their ECCE ROFR, the City of Kodiak and the Kodiak Island Borough must
jointly designate an entity (an ECCE) having the authority to do so on their behalf at least thirty
(30) days prior to the ending date of the initial application period for crab quota shares under the
Program; and
WHEREAS, the Kodiak Island Borough Assembly has determined that it is in the Borough's best
interests to designate an entity having the authority to exercise Kodiak's ROFR;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
that the "Kodiak Fisheries Development Association" (the "Association ") is hereby designated as
Kodiak's ECCE, to represent the Kodiak Island Borough in connection with exercise of Kodiak's
ROFR under the Program; and
BE IT FURTHER RESOLVED THAT the Articles of Incorporation and Bylaws of the Association are
hereby approved, and that the incorporators of the Association identified in the attached Articles
of Incorporation are hereby authorized to incorporate the Association under the laws of the State
of Alaska, and to take such actions as may be necessary or convenient to cause the Association
to be qualified by the National Marine Fisheries Service as the Kodiak's ECCE.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF MARCH 2005
ATTEST:
udith A.
Kodiak Island Borough, Alaska
e s cMC, Borough Clerk
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2005 -17
KODIAK ISLAND BOROUGH
Introduced by: Mayor Selby
Requested by: Mayor Selby
Introduced: 03/17/2005
Adopted: 03/17/2005
Jere M. Selby, Borough Mayor
Resolution No. FY2005 -17
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