Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 668. Point system for the Southeastern herring gillnet fishery

20 AAC 05.668. Point system for the Southeastern herring gillnet fishery

(a) Past Participation. Up to a maximum of 18 points will be awarded to an applicant for past participation in the fishery based on the following:

Past Participation as a Herring Gillnet Operator Year Sub-Area Points 1977 Juneau 3 Kah Shakes 3 Other 3 1976 Juneau 2 Chaik Bay 2 Gambier Bay 2 Pybus Bay 2 Kasaan 2 Helm Bay 2 Kah Shakes 2 Other 2 1975 2 1974 2 1973 1 1972 1

Past Participation as a Crewman Year Sub-Area Points 1977 1 1976 1 1975 1 1974 1

(2) For purposes of this subsection, no more than six points may be claimed for participation as a herring gillnet operator in 1977, nor no more than six points as a herring gillnet operator in 1976. Points may not be claimed as an operator and as a crewman in the same year.

(3) If unavoidable circumstances exist such that an applicant's past participation in the fishery is not realistically reflected by points awarded for past participation for the years 1972 - 1977, the commission may award a maximum of 18 points upon a special showing of past participation during the years 1972 - 1977.

(4) For purposes of this subsection, "past participation" means

(A) the commercial taking of the herring resource in herring administrative area A with a gillnet, while holding the appropriate licenses and/or permit; or

(B) being on the fishing grounds in the sub-area with vessel, gear, licenses and interim-use permit and with the ability to and intention of commercially harvesting the herring resource during the time the season was open and the herring resource was harvested; or

(C) being on the fishing grounds in the sub-area during the time when a season opening was anticipated by appropriate Department of Fish and Game personnel but did not materialize, with vessel, gear, licenses and interim-use permit and with the ability and intention of commercially harvesting the herring resource.

(5) For purposes of this subsection, sub-areas are as follows:

Statistical Sub-area Chart Area* Juneau 111-50 & 115-10 Chaik Bay 112-80 & 112-18 Gambier Bay 110-23 Pybus Bay 110-22 Kasaan 102-60 Helm Bay 101-90 Kah Shakes 101-23 Other All portions of Administrative Area A not included above, excluding waters of the Metlakatla Indian Reservation

*As defined by regulations of the Board of Fisheries.

(6) For purposes of this subsection, a person demonstrating the following is presumed to be an "operator" of herring gillnet gear:

(A) had a gear license for herring gillnet gear; and

(B) had the appropriate interim-use permit; and

(C) was licensed to operate the vessel from which that unit of gear was fished; and

(D) had the immediate right to control the vessel and unit of gear being operated.

(7) For the purposes of this subsection, a unit of gear is the aggregate amount of gear operated from a single vessel. The maximum number of participation points available to credit the operation of a unit of gear may not exceed the amount which can be claimed by a single operator.

(8) The commission will, in its discretion, consider other evidence relevant to "operator" status. Where two or more individuals claim to have operated the same unit of gear, the commission will, in its discretion, determine who was the operator based upon all available evidence. If unable to determine which individual was the operator, the commission will award the available operator points proportionally.

(b) Economic Dependence. Up to a maximum of five points will be awarded an applicant for economic dependence on the Southeastern herring gillnet fishery based on the following:

(1) A maximum of four points will be awarded an applicant for investment in vessel and gear.

(A) Ownership of a vessel used or to be used in the commercial gillnet harvest of herring

(i) 1 point if owned on May 15, 1977; and

(ii) 1 point if owned on December 31, 1977.

(B) Ownership of gear used or to be used in the commercial gillnet harvest of herring (available in addition to points claimed in (A) of this subsection)

(i) 1 point if owned on May 15, 1977; and

(ii) 1 point if owned on December 31, 1977.

(C) In cases where a vessel or gear is owned jointly or in a corporate capacity, an applicant's points will be determined by multiplying the percentage of ownership interest times the total number of points possible, except in cases where the applicant is the only individual with an ownership interest in the vessel or gear who has applied and been found eligible to apply for a Southeast herring gillnet permit, in which case the applicant will receive the total number of points possible.

(2) 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 from

(i) the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and

(ii) 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 20,000 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. 4/30/78, Register 66; 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 05.668(b) (2), may be obtained from the Commercial Fisheries Entry Commission, P.O. Box KB, Juneau, Alaska 99811.