Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 656.310(a)(9) - (a)(13)

20 AAC 05.656. Point system for fisheries designated in 20 AAC 05.310(a)(9) - (a)(13)

(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.

(b) Economic Dependence. Up to a maximum of eight points will be awarded an applicant for economic dependence on a fishery based on the schedule in this subsection.

(1) Income dependence percentage or nonfishing occupational income based on harvesting the fishery resource while participating as a gear license holder, in the fishery applied for, in 1974 and 1975 is shown in the following schedule:*

1975 1974 Salmon Fishery Criteria Points Points Kuskokwim (W) Income dependence percentage in excess of gillnet fishery 60%, or nonfishing occupational income less than $3,000 4 2 Income dependence percentage in excess of 30%, or nonfishing occupational income less than $6,000. 2 1 Kotzebue (X) Income dependence percentage in excess of gillnet fishery 80%, or nonfishing occupational income less than $2,000. 4 2 Income dependence percentage in excess of 60%, or nonfishing occupational income less than $4,000. 2 1 Lower Yukon (Y) Income dependence percentage in excess of gillnet fishery 60%, or nonfishing occupational income less than $3,000. 4 2 Income dependence percentage in excess of 30%, or nonfishing occupational income less than $6,000. 2 1 Upper Yukon (P) Income dependence percentage in excess of gillnet fishery 60%, or nonfishing occupational income less than $3,000. 4 2 Income dependence percentage in excess of 30%, or nonfishing occupational income less than $6,000. 2 1 Upper Yukon (P) Income dependence percentage in fish wheel fishery occupational income less than excess of 60%, or nonfishing $3,000. 4 2 Income dependence percentage in excess of 30%, or nonfishing occupational income less than $6,000. 2 1 Norton Sound (Z) Income dependence percentage in excess of 60%, or nonfishing occupational income less than $3,000. 4 2 Income dependence percentage in excess of 30%, or nonfishing occupation income less than $6,000. 2 1

*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 this subsection.

(2) If unavoidable circumstances exist such that an applicant's income dependence upon the fishery is not realistically reflected by his income dependence in 1974 and 1975, the commission will in its discretion award an applicant up to a maximum of six points based on a special showing of income dependence.

(3) Points will be awarded for investment in fishing gear as of the qualification date.*

(A) Owns vessel or gear or both - 1 point

(B) Owns fish wheel - 1 point

*A maximum of 1 point may be claimed under this paragraph.

(4) Points will be awarded for availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of one point possible.)

(A) An applicant is entitled to 1 point if his or her domicile is located more than 30 road miles

(i) from the boundary of a "place" with a population of 5,000 or more as of April 1, 1970, and

(ii) from an "urbanized area" as of April 1, 1970.

(B) An applicant is entitled to 0 points if his or her domicile is located within 30 road miles of the boundary of a "place" with a population of 5,000 or more, or within 30 road miles of an "urbanized area," as of April 1, 1970.

(C) An applicant from a 0-point area may receive the maximum of one point through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) of this paragraph.

(D) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

(E) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History: Eff. 4/9/76, Register 58; am 1/10/86, Register 97

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.250 (a)

Editor's note: Appendix A of the 1970 Census, adopted by reference in 20 AAC 05.656(b) (4), may be obtained from the Commercial Fisheries Entry Commission, P.O. Box KB, Juneau, Alaska 99811.