Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 686. Definitions

20 AAC 05.686. Definitions

In 20 AAC 05.680 - 20 AAC 05.686, unless otherwise specified

(1) "appropriate licenses" means

(A) for the period 1978 - 1980, a herring interim-use permit for purse seine or gillnet gear in the Westward Area;

(B) in 1977, a herring interim-use permit for purse seine or gillnet gear for the Kodiak Area, a commercial fishing license, and a gear license for purse seine, drift gillnet, or set gillnet;

(C) in 1975 and 1976, a herring interim-use permit for purse seine or gillnet gear in the statewide area, a commercial fishing license, and a gear license for purse seine, drift gillnet, or set gillnet;

(D) the type of gear license and permit held must match the gear type used in fishing;

(E) in all years claimed, a vessel used must have been licensed as required by AS 16.05.490 ;

(2) "five-day period" means a period of five days calculated by designating an applicant's first day with landings as day number one of the first five-day period; each consecutive five days thereafter constitute sequentially succeeding five-day periods for that applicant for the purposes of 20 AAC 05.681(b) and 20 AAC 05.682(b) ;

(3) "gillnet gear" means at least 35 fathoms of gillnet with mesh of not more than three inches, stretched measure, with cork and lead line; points will not be awarded for more than one net as here defined, or for gear other than the net;

(4) "joint operating arrangement" means any binding contractual arrangement entered into by two or more properly licensed gear operators, each of whom directs a wholly independent fishing operation (except for auxiliary services such as spotter airplanes or tender vessels), for the purpose of sharing proceeds from the commercial harvest of roe herring in the Kodiak herring gillnet or purse seine fisheries;

(5) "nonfishing occupational income" means that portion of earned income that comes from sources other than commercial fishing; it includes gross wages, salaries, professional fees, and other amounts received as compensation for personal services actually rendered, including cost-of-living allowances; in the case of an applicant engaged in a trade or business other than commercial fishing, the net profits of such trade or business are included as nonfishing occupational income; pensions, interest, dividends, other investment income, governmental transfer payments, and income received directly from participating in any fishery as a gear license holder or crewman are not included;

(6) "operator" means an individual who

(A) had all the appropriate licenses and permits; and

(B) was physically present and in control or joint control with another permittee of the vessel and the gear being operated;

(7) "past participation" means the commercial harvesting of herring in Administrative Area K with purse seine or gillnet gear during the roe herring seasons (March 1 - July 31) while holding all appropriate licenses, as evidenced by fish tickets or other documentation at the discretion of the commission; if a portion of an eligible applicant's seine landings is attributed to a gillnet permit, or the reverse, that portion of the landings will not count toward either permit;

(8) "purse seine gear" means at least 50 fathoms of seine web of mesh size not more than three inches with 400 meshes in depth, with cork and lead line; points will not be awarded for more than one net as here defined, or for gear other than the net;

(9) "threshold participation" means at least one landing was made for a given year in the Kodiak herring purse seine fishery;

(10) "unit of gear" means the aggregate amount of gear operated from a single vessel.

History: Eff. 10/30/82, Register 84

Authority: AS 16.43.100 (b)

AS 16.43.110 (a)