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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 650. Special rules for use of the point system

20 AAC 05.650. Special rules for use of the point system

(a) All eligible applicants for any designated fishery will receive 0 points for any year in which there was an administrative closure for the entire season.

(b) An applicant who is eligible to apply for an entry permit under the terms of AS 16.43.260 (a) and whose participation in a fishery was interrupted by his first enlistment or draft period of military service will be awarded the maximum number of points for past participation for the fishing seasons missed due to that military service as follows: If the applicant did not harvest the fishery resource commercially while participating as a gear license holder prior to the commencement of the military service, then the applicant will receive crewmen participation points for the fishing seasons missed; if the applicant harvested the fishery resource commercially while participating as a gear license holder prior to the commencement of the military service, then the applicant will receive the maximum number of points for past participation for the fishing seasons missed.

(c) To use the special showing provisions in 20 AAC 05.630(a) (5) (for past participation), 20 AAC 05.630(b) (2) (for income dependence), and 20 AAC 05.630(b) (4)(D) (for availability of alternative occupations), an applicant must claim a specific number of points and must submit documentation of the facts and circumstances surrounding the claim along with his application for an entry permit. Where necessary, the commission will request additional explanation or documentation of the facts and circumstances surrounding the claim before making its determination.

(d) Due to the season-long administrative closure of the Prince William Sound purse seine fishery in 1972, those persons who can show that they were the owner or part-owner of a purse seine vessel and would have fished as a purse seine gear license holder in Prince William Sound for the first time in 1972 but for the closure of that fishery are eligible to apply for an entry permit for that fishery.

(e) An applicant who qualifies under AS 16.43.250 (d) or (e) shall be issued a permit if the applicant's cumulative points equal or exceed the hardship classification specified in AS 16.43.250 (d) or (e). To determine the applicant's cumulative point level the following applies:

(1) duplicate points for participation in any one year under 20 AAC 05.630(a) or 20 AAC 05.656(a) will not be awarded; and

(2) duplicate points will not be awarded under 20 AAC 05.630(b) (3) or (b)(4) or 20 AAC 05.656(b) (3) or (b)(4).

(f) Repealed 2/21/81.

(g) For purposes of this section, an applicant is a person who was eligible to apply and did apply in a timely manner in accordance with AS 16.43.260 and 20 AAC 05.510.

(h) Applicants eligible under (e) of this section are required to notify the commission of their potential qualifications.

History: Eff. 12/18/74, Register 52; am 4/7/75, Register 54; am 3/27/80, Register 73; am 2/21/81, Register 77; am 1/29/82, Register 81

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.250


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Last modified 7/05/2006