reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 4 - Interim-Use Permits › 20 AAC 05.410 - Application and annual renewal of interim-use permit (Repealed)

Current through May 31, 2024
Effective 6/18/86 (Register 98), the substance of repealed
					 20 AAC 05.410 has been included in
					 20 AAC 05.425. The history of the repealed section appears
					 in the history note for
					 20 AAC 05.425.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 4 - Interim-Use Permits › 20 AAC 05.415 - Issuance of interim-use permits to applicants assigned to a priority classification

Current through May 31, 2024
(a) The commission will issue an interim-use
				permit to an applicant for an entry permit whose application is classified at a
				point level that could ultimately qualify the applicant for an entry
				permit.
(b) The commission will, in
				its discretion, issue an interim-use permit to an applicant who is contesting a
				priority classification by the commission that does not qualify the applicant for
				an entry permit under
				AS
				16.43.270 only if the applicant claims
				sufficient points to qualify for the permit and the applicant presents an issue
				which, if resolved in the applicant's favor, would entitle the applicant to an
				entry permit.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.210
AS 16.43.220
AS 16.43.260
AS
					 16.43.270
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 4 - Interim-Use Permits › 20 AAC 05.430 - Notification of loss or theft

Current through May 31, 2024
The requirements and procedures of
				  20 AAC 05.570 govern the loss or theft of an interim-use
				  permit card.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.220
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.500 - Form of application

Current through May 31, 2024
(a) Application for the issuance of an entry
				permit must be made to the commission on a form provided by the commission. The
				application must be signed by the applicant, and accompanied by the fee required
				by 20 AAC 05.250.
(b) Repealed 1/30/87.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.260(b)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.515 - Final application deadline

Current through May 31, 2024
After the close of the application periods established in
				  20 AAC 05.510, the commission will not accept an
				  application for a permanent entry permit for any fishery if the application is
				  received by the commission after the maximum number of permits have been issued
				  for the particular fishery applied for or after permits for the particular
				  fishery applied for have begun to be issued under
				  20 AAC 05.550(c).
Authority:
AS
					 16.43.100(a)
AS 16.43.110
AS
					 16.43.260
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.525 - Partnership claims

Current through May 31, 2024
Pursuant to the decisions by the Alaska Supreme Court in State
				  v. Templeton, 598 P.2d 77 (Alaska 1979), CFEC v. Byayuk, 684 P.2d 114 (Alaska
				  1984), and Cashen v. State, 686 P.2d 1219 (Alaska 1984), the commission will
				  allow point claims to be made under
				  20 AAC 05.630(b) (2) and will accept
				  evidence in support of special showings of 1971 and 1972 income dependence for
				  partners of license holders who were situated similarly to Templeton, Byayuk, and
				  Cashen. The deadline for making a claim and submitting evidence under this
				  section is December 31, 1985. A claim may be made and evidence will be accepted
				  only from:
(1) an applicant who
				submitted a timely application but was denied an entry permit due to insufficient
				points; or
(2) a person who
(A) filed an application for an entry permit
				during the application period established by
				20 AAC 05.510(a) even though ineligible to
				do so; and
(B) was eligible to apply
				for an entry permit during the application period established by
				20 AAC 05.510(f), but did not apply
				because, except for the award of points for a special showing of income
				dependence under this section, the person would not have qualified for sufficient
				points to receive an entry permit.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.526 - Additional claims for availability of alternative occupations points

Current through May 31, 2024
In accordance with the Alaska Supreme Court's decision in
				  Deubelbeiss v. CFEC, 689 P.2d 487 (Alaska 1984), the commission will allow denied
				  and pending applicants to claim points, additional to those that could have been
				  claimed on their original application, for the availability of alternative
				  occupations under
				  20 AAC 05.630(b) (4),
				  20 AAC 05.656(b) (4),
				  20 AAC 05.664(b) (2),
				  20 AAC 05.668(b) (2),
				  20 AAC 05.673(a) (3),
				  20 AAC 05.677(c) (2),
				  20 AAC 05.681(c) (5), and
				  20 AAC 05.682(c) (5). Claims may be made
				  only under those sections, and must be received at the commission by March 31,
				  1986. Claims will be accepted only from eligible applicants who submitted timely
				  applications for entry permits in the fisheries for which they are claiming
				  additional points under those sections. The provisions of the regulations listed
				  in this section govern all applications pending before the commission on, and
				  after, the effective date of this section.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.260
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.530 - Application by decedent's estate

Current through May 31, 2024
(a) If an individual
				eligible to apply for an entry permit for any fishery designated in
				20 AAC 05.300 or
				20 AAC 05.310(1) - (8) dies on or after
				January 1, 1973, the authorized representative of the decedent's estate may apply
				for an entry permit for that fishery in the name of the decedent within the
				application period set out in
				20 AAC 05.510. An entry permit acquired under this
				subsection becomes part of the decedent's estate and may be transferred in
				accordance with the provisions of
				20 AAC 05.1750.
(b) If an individual eligible to apply for an
				entry permit for any fishery designated in
				20 AAC 05.310(a) (9) - (13) dies on or
				after January 1, 1976, the authorized representative of the decedent's estate may
				apply for an entry permit for that fishery in the name of the decedent within the
				application period set out in
				20 AAC 05.510. An entry permit acquired under this
				subsection becomes part of the decedent's estate and may be transferred in
				accordance with the provisions of
				20 AAC 05.1750.
(c) If an individual eligible to apply for an
				entry permit for the Southeastern and Prince William Sound roe herring and
				herring purse seine fisheries dies after January 1, 1977, the authorized
				representative of the decedent's estate may apply for an entry permit for that
				fishery in the name of the decedent within the application period set out in
				20 AAC 05.510(g). An entry permit acquired
				under this subsection becomes part of the decedent's estate and may be
				transferred in accordance with the provisions of
				20 AAC 05.1750.
(d) For fisheries not specified in (a) - (c) of
				this section, if an individual eligible to apply for an entry permit dies on or
				after the qualification date established in
				AS
				16.43.260(e), the authorized
				representative of the decedent's estate may apply for an entry permit for that
				fishery in the name of the decedent within the application period set out in
				20 AAC 05.510. An entry permit acquired under this
				subsection becomes part of the decedent's estate and may be transferred in
				accordance with the provisions of
				20 AAC 05.1750.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.260
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.535 - Applications for fish wheel entry permits

Current through May 31, 2024
Applications will be accepted from fishermen who operated fish
				  wheels commercially between 1960 and 1975 with registration numbers issued to
				  them by the Department of Fish and Game.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
AS
					 16.43.260
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.540 - Priority classification of applicants

Current through May 31, 2024
(a) The commission
				will assign each applicant to a priority classification according to the
				classification system established for that fishery.
(b) If the applicant is assigned to a priority
				classification designated as involving significant economic hardship as provided
				in AS
				16.43.250(b), the commission
				will either issue the entry permit or send a notice to the applicant indicating
				that he will receive an entry permit.
(c) If the applicant is assigned to a priority
				classification not designated in
				AS
				16.43.250(b), the commission
				will send a notice of classification to the applicant setting forth the
				commission's findings of fact with respect to the applicant and the date on or
				before which a request for a hearing must be received if the applicant disagrees
				with the commission's determination of his priority classification.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
AS
					 16.43.260(d)
AS
					 16.43.270(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.550 - Issuance of entry permits

Current through May 31, 2024
(a) The commission
				will issue entry permits to all applicants assigned to the priority
				classifications designated in
				AS
				16.43.250(b) as involving
				significant economic hardship.
(b) If
				the number of permits issued under (a) of this section equals or exceeds the
				maximum number of entry permits established for the fishery, the commission will
				notify all applicants finally classified at point levels below the significant
				economic hardship level that their applications are denied.
(c) If the number of permits issued under (a)
				of this section is less than the maximum number of permits established for the
				fishery, the commission will issue the remaining permits to applicants in the
				order of descending priority classifications up to the maximum number, less the
				number of permits required to be reserved to protect the rights of applicants who
				are exhausting administrative or judicial remedies. The commission will issue
				denial notices to all applicants at point classifications that do not have a
				mathematical possibility of receiving a permit.
(d) If, within the lowest priority
				classification of qualified applicants to whom some entry permits may be issued,
				the total number of applicants in that priority classification does not exceed
				the maximum number of entry permits established under
				AS
				16.43.240 for that fishery by more than five
				percent or 10 permits, whichever is greater, all qualified applicants within that
				priority classification will be issued entry permits. Otherwise, the allocation
				of entry permits within that priority classification will be by
				lottery.
(e) A lottery for the
				allocation of entry permits within a priority classification shall be conducted
				at a public meeting of the commission. Applicants in the priority classification
				subject to the lottery shall be given at least 30 days notice of the date and
				time of the public meeting where the lottery will occur. Notice shall be served
				by regular mail to the most recent address the applicant has provided to the
				commission. To conduct the lottery, the commission will enter the names of each
				applicant within the priority classification subject to the lottery into a pool.
				The commission will draw enough names of applicants from the pool to reach the
				maximum number of entry permits for that fishery and issue permits to the
				applicants whose names are drawn.
Authority:
AS
					 16.43.100(a) and (b)
AS
					 16.43.110(a)
AS
					 16.43.270
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.565 - Reinstatement of entry permit forfeited under AS 1643150(d)

Current through May 31, 2024
(a) An entry permit
				forfeited under
				AS
				16.43.150(d) may be reinstated
				by the commission only upon a showing of good cause, payment of any unpaid
				renewal fees not waived by the commission, and a finding that reinstatement would
				be consistent with the purposes of
				AS
				16.43.290.
(b) Good cause under this section includes
(1) administrative closure for the entire
				season of the specific fishery for which nonpayment of permit fees led to
				forfeiture of the permit;
(2)
				temporary illness or disability;
(3)
				death of the permit holder;
(4) the
				loss of a vessel or equipment through sinking, destruction, or extensive
				mechanical breakdown; and
(5) other
				objectively verifiable causes of inability to pay permit renewal fees that the
				commission determines to be good cause.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.571 - Application for special harvest area entry permits

Current through May 31, 2024
(a) Application for
				special harvest area entry permits must be made upon forms provided by the
				commission and must be accompanied by a written statement from the Department of
				Fish and Game acknowledging that the applicant is the holder of a private,
				nonprofit hatchery permit issued under
				AS
				16.10.400-16.10.475, and specifying the
				special harvest area for which the permit is to be issued.
(b) Permits issued under
				AS
				16.43.400-16.43.430 expire on midnight,
				December 31, of the year of issuance.
Authority:
AS
					 16.43.100
AS 16.43.351
AS 16.43.440
AS
					 16.43.960
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.572 - Special harvest area gear operators

Current through May 31, 2024
(a) Only persons
				designated as agents by holders of special harvest area entry permits may operate
				gear under the permit. Designation must be made on forms provided by the
				commission.
(b) Each special harvest
				area gear operator must have in his possession a copy of the completed
				designation of agent form and a valid special harvest area entry permit card
				while operating gear or in possession of fish as required by
				20 AAC 05.100 -
				20 AAC 05.110.
Authority:
AS
					 16.43.100
AS 16.43.400
AS
					 16.43.440
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.574 - General provisions relating to educational entry permits

Current through May 31, 2024
(a) An applicant for
				an educational entry permit may apply for a permit only in a fishery that occurs
				in an administrative area, as described in
				20 AAC 05.230, that borders upon the public school district
				in which the applicant is located.
(b) An applicant may apply for only one permit
				in a fishery.
(c) The commission will
				not issue an educational entry permit if
(1) it
				determines that the issuance would interfere with the conservation and sustained
				yield management of the fishery resource and the economic health and stability of
				the fishery;
(2) the issuance would
				cause the total number of permits issued in that fishery to increase by more than
				one half of one percent; or
(3) the
				commission has already issued five educational entry permits in that
				fishery.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.575 - Application for educational entry permits

Current through May 31, 2024
(a) For calendar
				years beginning after December 31, 1991, application for an educational entry
				permit must be made before February 1 upon forms required by the commission, and
				must be accompanied by a written statement from the appropriate government agency
				acknowledging that the applicant is accredited, approved, or licensed as required
				by AS
				16.43.340.
(b) Along with the application, the applicant
				must provide to the commission an educational plan and anticipated budget of the
				activities for which permit application is made. In addition,
(1) the applicant must submit the educational
				plan and the anticipated budget, along with a cover letter introducing the
				educational plan and anticipated budget, to the fish and game advisory committee
				for the area in which the fishery is located, for review and comment; the
				applicant must submit a copy of the cover letter to the commission with the
				application; to assure consideration of its comments, the advisory committee must
				submit them to the commission within 60 days after its receipt of the plan and
				budget; and
(2) the applicant must
				submit the educational plan, along with a cover letter introducing the plan, to
				the local Department of Fish and Game management biologist and to the local
				Department of Public Safety, division of fish and wildlife protection officer,
				for review and comment; the applicant must submit a copy of the cover letters to
				the commission with the application.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.577 - Educational entry permit gear operators

Current through May 31, 2024
(a) Only persons
				designated by the holder of an educational entry permit may operate gear.
				Designation must be made on a form provided by the commission.
(b) Each educational entry permit gear operator
				shall have in his possession a copy of his completed designated agent form and a
				valid Educational Entry Permit Card while operating gear or while in possession
				of fish or shellfish as required by
				20 AAC 05.100 and
				20 AAC 05.110.
Authority:
AS
					 16.43.351
AS
					 16.43.381(b)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 5 - Issuance of Entry Permits › 20 AAC 05.579 - Income from educational entry permits payable to general fund

Current through May 31, 2024
(a) As provided in
				AS
				16.43.361, proceeds of the sale of fish taken
				under the rights conferred by an educational entry permit are payable to the
				general fund through the commission to the extent the proceeds exceed reasonable
				operating costs of the training program.
(b) Payment must be made on or before June 1 of
				the calendar year following the year of operation, unless a later date is
				approved by the commission.
(c) For
				purposes of this section, "reasonable operating costs of the training program"
				means actual operating expenditures of the training program incurred in the
				school term preceding operation and the school term following operation,
				including a stipend for student expenses, but excludes payments toward capital
				having a useful life of more than five years.
(d) Any wages paid under the training program
				may not be based upon a share or percentage of the value of fish taken.
(e) The permit holder shall retain a copy of
				all receipts of actual operating expenditures under the permit. These receipts
				are subject to inspection by the commission upon its request.
Authority:
AS
					 16.43.361
AS
					 16.43.381(b)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.600 - Priority classification system

Current through May 31, 2024
(a) For each fishery
				for which a maximum number of entry permits has been established under
				20 AAC 05.320, the commission will adopt regulations
				defining priority classifications in terms of a point system for ranking
				applicants for entry permits. These priority classifications will be based upon a
				reasonable balance of the hardship standards of degree of economic dependence
				upon the fishery and extent of past participation in the fishery. The commission
				will use the following classification system and the guidelines set out in
				20 AAC 05.610 and
				20 AAC 05.620, except for those fisheries where special
				circumstances are found to require modification of the classification system
				considering the number of applicants, the variance in their qualifications, the
				history of the fishery, and the purposes of AS 16.43.
(b) A point scale from 0 - 40 will be
				established, with 20 points assigned for each of the two hardship standards:
(1) economic dependence and
(2) past participation.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.610 - Past participation

Current through May 31, 2024
The standard of past participation in the fishery includes the
				  number of years participation in the fishery and the consistency of
				  participation. The commission will determine an applicant's extent of past
				  participation as of the qualification date established under
				  AS
				  16.43.260(d) or (e), and will
				  apply the above two factors as follows:
(1) the commission will rank an applicant based
				on the number of years participation by considering the number of years the
				applicant has harvested the fishery resource commercially while participating as
				a gear license holder and his number of years participation as a crewman, with
				greater weight being given to participation in recent years as a gear license
				holder;
(2) the commission will rank
				an applicant based on consistency of participation by considering the number of
				weeks of the season in which the applicant harvested the fishery resource
				commercially while participating as a gear license holder. This factor will be
				given less weight than the number of years of participation.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.250(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.620 - Economic dependence

Current through May 31, 2024
The standard of economic dependence upon the fishery includes a
				  consideration of percentage of income derived from the fishery, reliance on
				  alternative occupations, availability of alternative occupations, and investment
				  in vessels, gear and setnet sites. The commission will determine an applicant's
				  economic dependence as of the qualification date established under
				  AS
				  16.43.260(d) or (e) and will
				  therefore give primary weight to evidence from the years immediately preceding
				  the qualification date and will consider the above four factors as
				  follows:
(1) the commission will rank an
				applicant based on the two factors of percentage of income derived from the
				fishery and reliance on alternative occupations by considering the relation
				between "annual catch value" and "nonfishing occupational income," as ex-pressed
				as an "income dependence percentage" as these terms are defined in
				20 AAC 05.660. Points for income dependence will be awarded
				only to applicants who harvested the fishery resource commercially while
				participating as a gear license holder during a year in which income dependence
				is claimed. A higher income dependence percentage indicates a higher degree of
				economic dependence upon the fishery;
(2) the commission will rank an applicant based
				on the factor of investment in vessels, gear and setnet sites if the applicant,
				on the qualification date, was the owner of a vessel, gear or setnet site used or
				to be used in the fishery for which he is applying; or, if the applicant at any
				time between his last landing in the fishery and the qualification date was the
				owner of a vessel, gear or setnet site used in the fishery, so long as the
				applicant had fished consistently in the year prior to the qualification date. In
				the case of a setnet site the commission will consider the owner to be the person
				or persons who could rightfully exercise the power to sell or transfer the setnet
				site according to the accepted customs and usages of the area. In cases where a
				vessel, gear or setnet site was owned jointly or in a corporate capacity, an
				applicant's points will be determined by multiplying his percentage of ownership
				interest times the total number of points possible. Fractional points will round
				off to the nearest whole number, with.5 rounding off to the lower whole
				number;
(3) the commission will rank
				an applicant based on the factor of availability of alternative occupations
				according to his place of domicile.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.250(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.630 - Point system for designated fisheries

Current through May 31, 2024
(a)
Past
				Participation.
Up to a maximum of 20 points will be awarded an applicant
				for past participation in the fishery applied for based on the following
				schedule:
Consistency of Participation as a Gear License Holder (required
				  minimum number of weeks Year Fished as a fished is shown in (c)(1) Gear License
				  Holder of this section) Year Points Points 1972 3 2 1971 3 2 1970 2 1 1969 2
				  1
(2) 1 point for each additional year
				of actual participation as a gear license holder in the fishery applied for from
				1965 through 1968;
(3) 1 point for
				each additional year of actual participation as a gear license holder in the
				fishery applied for from 1960 through 1964, provided the applicant participated
				as a gear license holder in the fishery applied for during at least one year from
				1965 through 1972;
(4) 1 point for
				each year of actual participation as a crewman from 1965 through 1972 in the
				fishery applied for; points for crewman participation and points for
				participation as a gear license holder may not be claimed in the same
				year;
(5) if unavoidable
				circumstances exist such that an applicant's past participation in the fishery is
				not realistically reflected by points awarded for past participation for the
				years 1960 - 1972, the commission may award an applicant up to a maximum of 16
				points upon a special showing of past participation during the years 1960 -
				1972;
(6) to receive credit for past
				participation as a gear license holder, an applicant must have harvested the
				resource commercially while participating as a gear license holder in a given
				year.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.640 - Designation of significant and minor hardship classifications

Current through May 31, 2024
(a) The commission
				designates the priority classifications 20 - 40 as classifications of applicants
				who would suffer significant economic hardship by exclusion from the fishery, and
				therefore will receive entry permits as required by
				AS
				16.43.270(a).
(b) The commission designates the priority
				classifications 0 - 5 as classifications of applicants who would suffer only
				minor economic hardship by exclusion from the fishery, and an entry permit
				originally issued to those applicants by the commission under
				AS
				16.43.250(c) may therefore
				have certain restrictions placed upon the transfer of the permit as required by
				AS
				16.43.170(e).
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.250
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.650 - Special rules for use of the point system

Current through May 31, 2024
(a) All eligible
				applicants for any designated fishery will receive 0 points for any year in which
				there was an administrative closure for the entire season.
(b) An applicant who is eligible to apply for
				an entry permit under the terms of
				AS
				16.43.260(a) and whose
				participation in a fishery was interrupted by his first enlistment or draft
				period of military service will be awarded the maximum number of points for past
				participation for the fishing seasons missed due to that military service as
				follows: If the applicant did not harvest the fishery resource commercially while
				participating as a gear license holder prior to the commencement of the military
				service, then the applicant will receive crewmen participation points for the
				fishing seasons missed; if the applicant harvested the fishery resource
				commercially while participating as a gear license holder prior to the
				commencement of the military service, then the applicant will receive the maximum
				number of points for past participation for the fishing seasons missed.
(c) To use the special showing provisions in
				20 AAC 05.630(a) (5) (for past
				participation),
				20 AAC 05.630(b) (2) (for income
				dependence), and
				20 AAC 05.630(b) (4)(D) (for availability
				of alternative occupations), an applicant must claim a specific number of points
				and must submit documentation of the facts and circumstances surrounding the
				claim along with his application for an entry permit. Where necessary, the
				commission will request additional explanation or documentation of the facts and
				circumstances surrounding the claim before making its determination.
(d) Due to the season-long administrative
				closure of the Prince William Sound purse seine fishery in 1972, those persons
				who can show that they were the owner or part-owner of a purse seine vessel and
				would have fished as a purse seine gear license holder in Prince William Sound
				for the first time in 1972 but for the closure of that fishery are eligible to
				apply for an entry permit for that fishery.
(e) An applicant who qualifies under
				AS
				16.43.250(d) or (e) shall be
				issued a permit if the applicant's cumulative points equal or exceed the hardship
				classification specified in
				AS
				16.43.250(d) or (e). To
				determine the applicant's cumulative point level the following applies:
(1) duplicate points for participation in any
				one year under
				20 AAC 05.630(a) or
				20 AAC 05.656(a) will not be awarded;
				and
(2) duplicate points will not be
				awarded under
				20 AAC 05.630(b) (3) or (b)(4) or
				20 AAC 05.656(b) (3) or (b)(4).
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.653 - Priority classification system for those fisheries designated in 20 AAC 05.310(a)(9) - (a)(13)

Current through May 31, 2024
(a) The commission finds that special
				circumstances (set out in detail in the findings of October 20, 1975, which
				accompanied the proposed regulations) exist requiring the use of the priority
				classification system in
				20 AAC 05.656 for those fisheries designated in
				20 AAC 05.310(a) (9) -
(a)
(13).
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.656 - Point system for fisheries designated in 20 AAC 05.310(a)(9) - (a)(13)

Current through May 31, 2024
(a)
Past
				Participation.
Up to a maximum of 16 points will be awarded to an
				applicant for past participation in the fishery applied for based upon the
				following schedule:
(1)
Year fished as a gear license holder* Schedule (a)** Schedule
				  (b)** 1975 4 3 1974 3 3 1973 3 3 1972 3 3 1971 2 2 1970 1 2 16 16
*In the Upper Yukon fish wheel fishery, where gear licenses
				  have not been required, only the operator of a fish wheel in the commercial
				  fishery, as described in
				  20 AAC 05.535, may qualify for the points listed in the
				  schedule in this subsection.
** Schedule (a) is to be used in all fisheries designated in
				  20 AAC 05.310(a) (9) - (a)(13) except the
				  Kotzebue gillnet fishery, for which schedule (b) is to be used.
(2) If unavoidable circumstances exist such
				that an applicant was unable to participate in the fishery during 1974 or during
				1975, the commission will in its discretion award the applicant up to a maximum
				of seven points upon a special showing of past participation.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.659 - Designation of significant and minor economic hardship classifications for those fisheries designated in 20 AAC 05.310(a)(9) - (a)(13)

Current through May 31, 2024
(a) Priority
				classifications 10 - 24 are classifications of applicants who would suffer
				significant economic hardship by exclusion from the fishery, except in the
				Kotzebue gillnet fishery where such classifications are 12 - 24.
(b) Priority classifications 0 - 2 are
				classifications of applicants who would suffer only minor economic hardship by
				exclusion from the fishery, and an entry permit originally issued to those
				applicants under
				AS
				16.43.250(c) may therefore
				have certain restrictions placed upon the transfer of the permit as required by
				AS
				16.43.170(e).
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.250
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.660 - Definitions

Current through May 31, 2024
In
				  20 AAC 05.600 -
				  20 AAC 05.660
(1)
				"annual catch value" means the number of pounds of any species of fish caught by
				an applicant in the fishery for which he is applying, as derived from fish
				tickets, during a given year, multiplied by the average price per pound paid for
				the species in that fishery during the year, or the gross amount actually
				received for the calendar year from harvesting the fishery resource commercially
				while participating as a gear license holder in the fishery for which he is
				applying;
(2) "income dependence
				percentage" means the annual catch value divided by the sum of the annual catch
				value and the nonfishing occupational income, with the result multiplied by
				100;
(3) "nonfishing occupational
				income" means that portion of earned income that comes from sources other than
				commercial fishing. It includes gross wages, salaries, professional fees and
				other amounts received as compensation for personal services actually rendered
				including cost of living allowances. In the case of an applicant engaged in a
				trade or business other than commercial fishing, the net profits of such trade or
				business shall be included as nonfishing occupational income. Pensions, interest,
				dividends, other investment income, and income received directly from
				participating in any fishery as a gear license holder or crewman will not be
				included;
(4) "qualification date"
				means January 1, 1973, except that in the case of fisheries for which the
				commission establishes the maximum number of entry permits after January 1, 1975,
				the qualification date is January 1 of the year during which the commission
				establishes the maximum number of entry permits for a fishery;
(5) "gear" means the fishing apparatus
				necessary to harvest the fishery resource commercially.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.662 - Priority classification system for Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries

Current through May 31, 2024
(a) The commission finds that special
				circumstances exist (set out in detail in the findings of February, 1977)
				requiring the use of the point system in
				20 AAC 05.664 for the Southeastern and Prince William Sound
				roe herring purse seine and Cook Inlet combined roe herring and herring purse
				seine fisheries.
(b) For each herring
				fishery for which a maximum number of entry permits has been established in
				20 AAC 05.320, a point system is used for ranking
				applicants for entry permits.
(c) A
				point scale of 0 - 9 is established for Areas A-1 and H.
(d) A point scale of 0 - 8 is established for
				Area E-1.
(e) The commission will
				assign an applicant to a priority classification based on the total points to
				which his qualifications as of the qualification date entitled him under
				20 AAC 05.664. The greater the degree of hardship the
				applicant would suffer by exclusion from the fishery, the higher the total number
				of points.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.250(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.664 - Point system for Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries

Current through May 31, 2024
(a) Past
				Participation.Points will be awarded to the applicant for past participation in
				the fishery applied for based on the following:
(1) Past Participation as a Herring Purse Seine
				Interim-Use Adm. Areas Adm. Areas Permit Holder A-1 and H E-1 Year Points Points
				1976 2 2 1975 2 1 1974 1 1 Maximum Allowable Award 5 4
(2) If unavoidable circumstances existed such
				that an applicant was unable to participate during any of the years 1974 - 1976,
				the commission will in its discretion award an applicant the appropriate point(s)
				allowable under (a)(1) of this section, upon a special showing of past
				participation.
(3) "Past
				participation," for purposes of this section, means
(A) the commercial taking of the herring
				resource in Herring Administrative Areas A-1, E-1, or H with a herring purse
				seine, interim-use permit and appropriate licenses; or
(B) being on the fishing grounds in Herring
				Administrative Areas A-1, E-1, or H, with the appropriate vessel, gear, licenses,
				and interim-use permit with the intention of taking the herring resource during
				the time the season was open and the herring resource was harvested.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.666 - Designation of significant and minor hardship classifications

Current through May 31, 2024
For the Southeastern and Prince William Sound roe herring purse
				  seine and Cook Inlet combined roe herring and herring purse seine fisheries, the
				  commission designates
(1) priority
				classifications of applicants with six or more points as those who would suffer
				significant economic hardship by exclusion from the fishery, and therefore will
				receive an entry permit;
(2) priority
				classifications of applicants with 0 - 2 points are those who would suffer only
				minor economic hardship by exclusion from the fishery, and an entry permit
				originally issued to those applicants by the commission under
				AS
				16.43.250(c) may therefore
				have certain restrictions upon the transfer of the permit as required by
				AS
				16.43.170(e).
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.250
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.667 - Priority classification system for Southeastern herring gillnet fishery

Current through May 31, 2024
(a) The
				commission finds that special circumstances exist (set out in detail in its
				findings on this herring gillnet fishery, dated January 1978) requiring the use
				of the point system in
				20 AAC 05.668 for the Southeastern herring gillnet
				fishery.
(b) A point scale of 0 - 23
				is established for the Southeastern herring gillnet fishery.
(c) The commission will assign an applicant to
				a priority classification based on the total points to which his qualifications
				as of the qualification date entitle him under
				20 AAC 05.668. The greater the degree of hardship the
				applicant would suffer by exclusion from the fishery, the higher the total number
				of points.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.250(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.669 - Designation of significant and minor hardship classifications for the Southeastern herring gillnet fishery

Current through May 31, 2024
(a) Priority
				classifications 11 - 23 are classifications of applicants who would suffer
				significant economic hardship by exclusion from the fishery, and will therefore
				receive an entry permit.
(b) Priority
				classifications 0 - 4 are classifications of applicants who would suffer only
				minor economic hardship by exclusion from the fishery.
Authority:
AS
					 16.43.100(a)
AS
					 16.43.110(a)
AS
					 16.43.250
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.670 - Definitions

Current through May 31, 2024
In
				  20 AAC 05.667 -
				  20 AAC 05.669, unless otherwise specified, "gear" must
				  include 100 or more fathoms of gillnet with mesh of not more than three inches,
				  stretched measure, as defined in
				  5 AAC 39.975(11), with cork and lead
				  line. Additional points will not be awarded for additional nets, nor for gear
				  other than the net.
Authority:
AS
					 16.43.100(b)
AS
					 16.43.110(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.671 - Priority classification system for Prince William Sound roe herring gillnet fishery

Current through May 31, 2024
(a) The commission finds that special
				circumstances exist (set out in detail in its findings on this herring gillnet
				fishery, dated September 2, 1980) requiring the use of the point system in
				20 AAC 05.672 and
				20 AAC 05.673 for the Prince William Sound roe herring
				gillnet fishery.
(b) A point scale of
				0 - 12 is established for the Prince William Sound roe herring gillnet
				fishery.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.250(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.672 - Past participation point system for the Prince William Sound roe herring gillnet fishery

Current through May 31, 2024
(a) The commission will award a maximum of 5
				points to an applicant for past participation as an operator of gear in the
				fishery in accordance with the following table: Year Points 1978 2 1977 2 1974 1
(b) In (a) of this
				section
(1) "past participation" means the
				commercial taking of herring in administrative area E with a gillnet during the
				roe herring seasons, while holding the appropriate licenses;
(2) subject to (c) of this section, an
				individual is presumed to be an "operator" of roe herring gillnet gear if the
				individual
(A) had the appropriate licenses for
				herring gillnet gear;
(B) was
				designated as the operator on the license of the vessel from which that unit of
				herring gillnet gear was fished; and
(C) had the immediate right to control the
				vessel and the unit of gear being operated.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.673 - Economic dependence point system for the Prince William Sound roe herring gillnet fishery

Current through May 31, 2024
(a) The commission will award a maximum of 7
				points to an applicant for economic dependence on the Prince William Sound roe
				herring gillnet fishery in accordance with the following:
(1) the commission will award a maximum of 3
				points to an applicant for ownership of a vessel used, or to be used, in the
				commercial gillnet harvest of roe herring as follows:
(A) 1 point if the applicant owned the vessel
				on March 1, 1978;
(B) 1 point if the
				applicant owned the vessel on March 1, 1977; and
(C) 1 point if the applicant owned the vessel
				on March 1, 1974;
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.674 - Designation of significant and minor hardship classifications for the Prince William Sound roe herring gillnet fishery

Current through May 31, 2024
(a) Priority
				classifications 9 - 12 are classifications of applicants who would suffer
				significant economic hardship by exclusion from the fishery, and will therefore
				receive an entry permit.
(b) Priority
				classifications 0 - 2 are classifications of applicants who would suffer only
				minor economic hardship by exclusion from the fishery.
Authority:
AS
					 16.43.100(a)
AS
					 16.43.110(a)
AS
					 16.43.250