20 AAC 05.1770. Definitions for 20 AAC 05.1700

20 AAC 05.1770. Definitions for 20 AAC 05.1700 - 20 AAC 05.1770

(a) In 20 AAC 05.1700 - 20 AAC 05.1770

(1) repealed 11/13/94;

(2) "filing date" means the date upon which a document is delivered to the commission; except that a request to transfer will be considered filed upon the expiration of 60 days following the filing date of the notice of intent to transfer or when delivered to the commission, whichever occurs last;

(3) "effective date" means the date 60 days after the filing date of the notice of intent to transfer, or the date of expiration of a prior notice of intent to transfer, whichever occurs last;

(4) "expiration date" means the date 12 months after the filing date;

(5) "present ability to participate actively" means the person is physically able to harvest fish in the fishery and has reasonable access to commercial fishing gear of the type utilized in that fishery;

(6) "holder" means the person to whom the entry permit is issued;

(7) "authorized representative of a deceased holder's estate" or "authorized representative" means the personal representative duly appointed to administer the estate of a deceased entry permit holder under the provisions of AS 13.16.245 - 13.16.330 or under comparable provisions of the laws of the jurisdiction of the deceased holder's estate;

(8) "disability" means a serious impairment or loss of physical function;

(9) "illness" means a disease or ailment of such a character as to seriously affect the general soundness and healthfulness of the somatic system and not a mere temporary indisposition which does not tend to undermine or weaken the constitution;

(10) "immediate family" means spouse, child, stepchild, parent, step-parent, brother, step-brother, sister, step-sister, parent-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in-law;

(11) "required governmental service" includes service at the federal, state, or local level required by law or which, if voluntarily performed, is not the permit holder's primary occupation; service without compensation, or service for which only stipend, per diem, or expenses are paid is prima facie evidence that the service provided is not the permit holder's primary occupation;

(12) "required military service" means any service in the Armed Forces of the United States or the several states including related branches of service or substituted service where that service is required by law, or voluntary service during time of war or other national or local emergency;

(13) "hardship," with respect to the emergency transfer of interim-use permits, means privation and suffering, and does not include the results of a permit holder's own economic decisions, nor the results of economic, biological, or regulatory variables which are normally part of the risk of doing business as a fisherman.

(b) In AS 16.43.170 (g) and (h) and in 20 AAC 05.1700 - 20 AAC 05.1770, "execution" means attachment, distraint, or sale on execution of judgment or under any other process or order of any court, or any other involuntary action.

History: Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 2/29/84, Register 89; am 12/29/84, Register 92, am 11/13/94, Register 132

Authority: AS 16.43.100

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