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(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.
History: Eff. 12/18/74, Register 52; am 4/9/76, Register 58; am 1/2/81, Register 77; am 1/29/82, Register 81; am 12/30/82, Register 84; am 10/28/84, Register 92; am 12/1/2004, Register 172
Authority: AS 16.43.100 (a)
and (b)
AS 16.43.110 (a)
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Last modified 7/05/2006