Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 677. Point system for the salmon hand troll fishery

20 AAC 05.677. Point system for the salmon hand troll fishery

(a) Past Participation. Not more than 31 points will be awarded to an applicant for past participation in the fishery based on the following:

(1) Past participation as a hand troll gear operator

Year Points 1975 10 1976 10 1977 11 1978 11 1979 11

(2) In this section, "past participation" means the harvesting of allowed species while properly licensed as a hand troll gear operator, and sales of hand-troll-caught species in accordance with regulations governing the sale or use of commercially caught species, as provided in 5 AAC 39.130 (Reports Required of Processors, Buyers, and Fishermen).

(b) Consistent Participation. Not more than 25 points will be awarded to an applicant for consistent participation in the fishery based on the following: Consistent participation as a hand troll gear operator Consistent participation as a hand troll gear operator

Minimum Number of ADF&G Statistical Weeks in Which Landings Were Made to Year Show Consistent Participation Points 1975 3 8 1976 4 8 1977 4 9 1978 5 9 1979 5 9

(c) Economic Dependence. Not more than 45 points will be awarded to an applicant for economic dependence on the fishery, as follows:

(1) Not more than 19 points will be awarded for income dependence in the fishery based on the following:

Minimum Salmon Hand Troll Gross Earnings to Demonstrate Year Income Dependence Points 1975 $ 200 6 1976 500 6 1977 700 7 1978 750 7 1979 1200 7

(2) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of 15 points possible.)

(A) An applicant is entitled to 15 points if his or her domicile is located

(i) more than 30 road miles from the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and

(ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and

(iii) more than 40 road miles from an "urbanized area" as of the 1980 census.

(B) An applicant is entitled to 7 points if his or her domicile is located

(i) within 30 road miles of the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and

(ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and

(iii) more than 40 road miles from an "urbanized area" as of the 1980 census.

(C) An applicant is entitled to 0 points if his or her domicile is located within 40 road miles of the boundary of a "place" with a population of 10,000 or more, or within 40 road miles of an"urbanized area," as of the 1980 census.

(D) An applicant from a 0- or 7-point area may receive up to the maximum of 15 points 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) or (C) of this paragraph, as applicable.

(E) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

(F) "Urbanized area" means a city of 50,000 or more and its surrounding urban area; it is defined specifically in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B,"General Population Characteristics," Part 3, which is incorporated into this section by reference.

(3) By supplemental application, applicants may choose to have their economic dependence evaluated under the following point schedule as an alternative to points available under (1) of this subsection:

(A) Percentage of Income Derived From the Fishery and Reliance on Alternative Occupations. Points for income dependence and reliance on alternative occupations will be awarded for each year, 1977 - 1979, in which the applicant participated as an interim-use permit holder. A maximum of 25 points will be awarded based on an income dependence percentage, which is calculated by dividing the applicant's annual salmon hand troll fishing gross income earned as a gear operator by the sum of that annual catch value and the applicant's nonfishing occupational income, and multiplying the result by 100. Minimum percentages for income dependence are as follows:

Year Percentage Points 1977 30% 12 1978 30% 13 1979 30% 13

Applicants under the age of 18 years will be awarded income dependence points under this subsection only if they can demonstrate emancipation, or if they were not claimed as dependents for tax purposes by parents or guardians, in the years for which income dependence points are claimed.

(B) Investment in Vessel and Gear. A maximum of 5 points will be awarded an applicant for investment in vessel and gear, as follows:

(i) Ownership as of January 1, 1980, of a vessel used or to be used in the salmon hand troll fishery and registered in compliance with 5 AAC 39.120(g) (5) and 5 AAC 05.39.270(d) as a hand troll vessel, will result in the owner being awarded 5 points. For a vessel owned as of the qualification date, but not registered as a hand troll vessel in 1979, the owner may be awarded 5 points upon a demonstration that the vessel was registered by the applicant as a hand troll vessel in any year from 1980 through 1983.

(ii) Ownership of hand troll gear as of the qualification date of January 1, 1980 will result in 1 point if the gear consists of hand operated gurdys and 0 points if the gear consists of rod and reel.

(iii) If two or more eligible applicants share in the investment in vessel or gear, the commission will award points under (B) of this paragraph based on the ratio of the applicant's investment interest to the total investment interest of all the other eligible applicants. Points for shared investments will be carried to the second decimal point and rounded to the nearest whole number, 0.50 rounding off to the immediately lower whole number.

History: Eff. 3/6/81, Register 77; am 12/29/84, Register 92; am 1/10/86, Register 97

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.250

AS 16.43.260 (e)

Editor's note: Appendix A of the 1980 Census, adopted by reference in 20 AAC 05.677(c) (2), may be obtained from the Commercial Fisheries Entry Commission, P.O. Box KB, Juneau, Alaska 99811.