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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 683. Special rules

20 AAC 05.683. Special rules

(a) An applicant who is eligible to apply for an entry permit under AS 16.43.260 (a) for the Kodiak roe herring purse seine fishery and whose participation in this fishery was interrupted by first enlistment or draft period of military service before July 1, 1973, will be awarded points for the fishing seasons missed due to that military service as follows:

(1) if the applicant commercially participated as a gear license holder during the season immediately before the beginning of his military service he will be awarded the maximum points available for past and consistent participation and income dependence percentage for the fishing seasons missed;

(2) if the applicant commercially participated as a crewmember, but not as a gear license holder during the season immediately before the beginning of his military service he will be awarded the points available for past participation as a crewmember for the fishing seasons missed.

(b) For purposes of determining eligibility for points under 20 AAC 05.681(a) and (b) and 20 AAC 05.682(a) and (b), the commission will first consider each applicant's actual participation as evidenced by pounds landed and the dates of those landings. If the actual participation of an applicant cannot be determined because of a joint operating agreement, then the commission will consider the evidence available which demonstrates a joint operation's combined pounds and the dates of landings. If any member of a joint operating arrangement demonstrates to the satisfaction of the commission the member's individual participation as evidenced by dates and pounds landed, then the remaining members of that joint operating agreement may apportion only those pounds and landings not accounted for by the verified declarations of any member of the joint operation.

(c) For the purposes of determining eligibility for points under 20 AAC 05.681(b) and 20 AAC 05.682(b) , where two or more individuals claim to have operated the same unit of gear, the consistency criterion will be determined by apportioning the number of days with landings or the number of pounds caught.

(d) If the participation attributable to a single unit of gear would not qualify multiple operators for points under (c) of this section but exceeds a threshold established for consistency of participation, then the multiple operators may apportion the points available in that year.

(e) Points calculated for a given year will be carried to the second decimal point. When all points are totaled, rounding will occur to the nearest whole number, 0.50 rounding off to the immediately lower whole number.

History: Eff. 10/30/82, Register 84; am 7/20/83, Register 87

Authority: AS 16.43.100

AS 16.43.110 (a)

AS 16.43.250 (a)

AS 16.43.260 (a)

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Last modified 7/05/2006