Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 245. Schedule of annual fees

20 AAC 05.245. Schedule of annual fees

(a) The commission will determine, on a yearly basis, the annual fee for the issuance or renewal of an entry permit or interim-use permit according to the following:

(1) the annual base fee for the issuance or renewal of an entry permit or interim-use permit in a limited fishery is four-tenths of one percent of the estimated value of the entry permit, rounded to the nearest fee class amount established in (4) of this subsection; if insufficient data are available to determine the estimated value of an entry permit, or no permit sale values have been recorded for the most recent three years, the annual fee in a limited fishery will be calculated according to (2) or (3) of this subsection;

(2) the annual base fee for the issuance or renewal of an interim-use permit in an unlimited fishery is four-tenths of one percent of the estimated average gross earnings per permit in the most recent three years for which data are available, rounded to the nearest fee class amount established in (4) of this subsection;

(3) notwithstanding (2) of this subsection, and subject to the limits for an annual base fee in AS 16.43.160 (e), the commission may make an appropriate adjustment to an annual base fee if

(A) more than one permit type allows the directed harvest of the same species with the same gear in the same area or if one permit allows the directed harvest of the same species by a combination of gears in the same area; or

(B) strict application of (1) and (2) of this subsection results in an annual base fee that is not appropriate in light of the rate of economic return for the fisheries covered by that permit;

(4) the annual base fees are as follows:

(A) Except as specified in (B) of this paragraph, as follows:

FEE CLASS ANNUAL BASE FEE 40 $3,000 39 2,925 38 2,850 37 2,775 36 2,700 35 2,625 34 2,550 33 2,475 32 2,400 31 2,325 30 2,250 29 2,175 28 2,100 27 2,025 26 1,950 25 1,875 24 1,800 23 1,725 22 1,650 21 1,575 20 1,500 19 1,425 18 1,350 17 1,275 16 1,200 15 1,125 14 1,050 13 975 12 900 11 825 10 750 9 675 8 600 7 525 6 450 5 375 4 300 3 225 2 150 1 75

(B) notwithstanding (A) of this paragraph, the commission will restrict the annual base fees for interim-use and entry permits according to the following caps:

(i) for 2006, fee class 14;

(ii) for 2007, fee class 27; and

(iii) beginning in 2008, fee class 40;

(5) under (1) of this subsection, the entry permit value for each fishery will be estimated by the commission in June of the year immediately preceding the year for which the annual base fee applies;

(6) under (2) and (3) of this subsection, the average gross earnings for each fishery will be estimated by the commission in June of the year immediately preceding the year for which the annual base fee applies; these estimates will be based upon the most recent three years for which data are available; if less than three years of data are available for a fishery, the average will be calculated using the available years;

(7) in addition to the annual base fees for all interim-use or entry permits renewed for the year, a person who is not a resident of this state, will be charged an annual nonresident surcharge for that year as calculated under this paragraph; once every three years, the commission will obtain from the Office of the Governor, Office of Management and Budget (OMB), the values necessary to calculate the maximum allowable annual fee differentials under the per capita formula established by Carlson v. State, 919 P.2d 1337, 1342-45 (Alaska 1996); to determine the annual nonresident surcharge, the commission will calculate an average of the maximum allowable fee differentials in the five most recent fiscal years for which OMB has provided values, and will round the calculated average to the nearest five dollars; the commission will recalculate the annual nonresident surcharge every three years;

(8) notwithstanding (2) of this subsection, an applicant for an interim-use permit in a halibut or sablefish fishery regulated under a federal individual fishing quota program may pay an annual base fee corresponding to fee class 1 as specified under (4) of this subsection if the applicant submits an invoice of fishing activity prepared by the National Marine Fisheries Service, Restricted Access Management or, if an invoice is unavailable, other evidence for the most recent completed calendar year showing the applicant fished 8,000 standardized (headed and gutted) pounds or less of halibut or 9,000 round pounds or less of sablefish; for purposes of this paragraph, an applicant's fee under (c) or (d) of this section is 50 percent of the annual base fee the applicant would qualify for under (2) of this subsection.

(b) Unless fishery resources, gear, or administrative areas are combined under this chapter, and except as provided in 20 AAC 05.120, a separate permit is required for each separate fishery resource, gear, and administrative area.

(c) A resident of this state may apply for a reduced fee for the issuance of an interim-use permit or the annual renewal of an interim-use or entry permit if the resident's total family income, as defined for the food stamp program in 7 C.F.R. 273.9 - 273.11, as revised as of January 1, 2005 and adopted by reference, falls within the poverty guidelines published by the United States Department of Health and Human Services, in the Federal Register on February 18, 2005 and adopted by reference, and the resident's assets and resources do not exceed those established for the food stamp program in 7 C.F.R. 273.8, as revised as of January 1, 2005 and adopted by reference. The reduced fee for a resident entry or interim-use permit is 50 percent of the annual base fee determined under (a)(1) - (6) of this section.

(d) A nonresident may apply for a reduced base fee for the issuance of an interim-use permit or the annual renewal of an interim-use or entry permit if the nonresident's total family income, as defined for the food stamp program in 7 C.F.R. 273.9 - 273.11, as revised as of January 1, 2005 and adopted by reference, falls within the poverty guidelines published by the United States Department of Health and Human Services, in the Federal Register on February 18, 2005 and adopted by reference, and the nonresident's assets and resources do not exceed those established for the food stamp program in 7 C.F.R. 273.8, as revised as of January 1, 2005 and adopted by reference. The reduced base fee for a nonresident entry or interim-use permit is 50 percent of the total fee determined under (a)(4) of this section. In addition to the reduced annual base fee, a nonresident who qualifies for a reduced fee shall pay the annual nonresident surcharge determined under (a)(7) of this section.

(e) An applicant for a reduced fee under (c) or (d) of this section must apply on the 2006 Federal Income Guidelines and Reduced Permit Fee Application, provided by the commission, as revised as of August 2005 and adopted by reference, and must provide the documentation identified on that form.

History: Eff. 10/27/2001, Register 160; am 5/16/2002, Register 162; am 12/21/2002, Register 164; am 12/6/2003, Register 168; am 12/1/2004, Register 172; am 11/6/2005, Register 176

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.140

AS 16.43.150

AS 16.43.160

AS 16.43.990

Editor's note: A copy of the Commercial Fisheries Entry Commission's form "2006 Federal Income Guidelines and Reduced Permit Fee Application" adopted by reference in 20 AAC 05.245 may be obtained from the Commercial Fisheries Entry Commission, 8800 Glacier Hwy., Suite 109, Juneau, Alaska 99801. The form is also available at the Commercial Fisheries Entry Commission's web site at http://www.cfec.state.ak.us/.