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(a) Except as provided in (f) of this section, if the total apportionment available for an entire area under 3 AAC 134.050(a) and (c) together is equal to or greater than the long-form threshold value, the department will distribute one-half of the apportionment for that area to eligible applicants in that area. This share of the area's apportionment will be allocated by the department proportionate to the significant effects of fisheries business activity demonstrated by each eligible applicant in that area divided by the total significant effects of fisheries business activity demonstrated by all eligible applicants in that area. The remaining share of one-half of the apportionment for that area will be allocated equally among all eligible applicants in that area.
(b) In calculating the allocations under (a) of this section
(1) the significant effects credited by the department to each eligible applicant will be measured in terms of expenditures during the program base year demonstrated by that applicant and determined by the department to be reasonable and necessary as a result of fisheries business activities; eligible expenditures include
(A) actual expenditures incurred by the applicant for the mitigation of effects of fisheries business activity; or
(B) estimated expenditures documented by the applicant as reasonable and necessary to mitigate effects of fisheries business activity but which the applicant was unable to make during the program base year.
(2) If an applicant occupies more than one of the areas established in 3 AAC 134.050(e) , the applicant's participation in the allocations within those areas will be based on those significant effects on the applicant that are the result of fisheries business activities that occurred within each area.
(c) Except as provided in (f) of this section, if the total apportionment available for an entire area under 3 AAC 134.050(a) and (c) together is less than the long-form threshold value, one-half of the area's apportionment will be allocated equally among all eligible applicants in that area. The remaining share of one-half of the area's apportionment will be allocated to eligible applicants in the area proportionate to the populations of all eligible applicants in the area.
(d) For the purposes of determining the eligibility of an applicant under (c) of this section, the demonstration of significant effects on a municipality from fisheries business activity may be satisfied by submitting to the department a resolution of the municipality's governing body which states the municipality suffered significant effects during the program base year from fisheries business activity.
(e) If the department determines that there is only one eligible applicant within an area, the applicant may receive the entire apportionment under 3 AAC 134.050(a) and (c) together for that area.
(f) If the department determines that allocation to an applicant is $50 or less, the department will determine that the amount of the effects from fisheries business activities is negligible and the department will not distribute the allocation to the applicant.
History: Eff. 10/28/93, Register 128; am 9/8/94, Register 131; am 7/1/2001, Register 158
Authority: AS 29.60.450
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Last modified 7/05/2006