20 Alaska Admin. Code § 05.713

Current through September 25, 2024
Section 20 AAC 05.713 - Definitions for 20 AAC 05.701 - 20 AAC 05.713

In 20 AAC 05.701 - 20 AAC 05.713, unless otherwise specified,

(1) "annual catch value" means, from harvesting the fishery resource commercially while participating as a skipper or joint operator in the fishery for which the applicant is applying either
(A) the number of pounds of sablefish caught by an applicant in the fishery for which the applicant is applying, as derived from fish tickets during a given calendar year, multiplied by the average price per pound paid for the sablefish in that fishery during that year; or
(B) the gross amount actually received for the calendar year for the sablefish caught in that fishery;
(2) "applicant" means an individual who applied for an entry permit in the fishery and who was eligible to apply;
(3) "crewmember" means an individual, other than the skipper, who was physically present when the fishing operation occurred, who assisted and participated in the fishing operation under the supervision of the skipper, and who was licensed according to the following:
(A) for the years 1978 - 1984, a person who had a valid crewmember license, interim-use permit, or entry permit at the time the participation occurred;
(B) before 1978, a person who had a valid commercial fishing license at the time the participation occurred;
(4) "joint operation" means a partnership or any other agreement by which two or more individuals function as joint operators;
(5) "joint operator" means a partner or other party to an agreement by which two or more individuals, whether or not properly and individually licensed, are physically present on the same vessel and in control or joint control of the commercial fishing operation;
(6) "occupational income" means earned income, and includes gross wages, salaries, professional fees, and other amounts received as compensation for personal services actually rendered, including cost-of-living allowances, and net profits from a trade or business, including commercial fishing; "occupational income" does not include net losses of a trade or business, nor does it include pensions, interest, dividends, and other investment income;
(7) "participation" means active engagement in a commercial fishing operation that harvested and sold the sablefish resource in the fishery for which the applicant is applying if the sablefish sales were in accordance with regulations governing the sale or use of commercially caught sablefish applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen;
(8) "season" means one or more periods of time during each year beginning with the first day in which the fishery for which the applicant is applying was opened for commercial harvesting and ending with the seventh day following the last day of that opening;
(9) "skipper" means a gear operator who
(A) was physically present on the vessel and who was in control or joint control of the commercial fishing operation; and
(B) used a vessel that was validly licensed as a commercial fishing vessel under AS 16.05.490 at the time the skipper participation occurred; and
(C) was licensed according to the following:
(i) for the years 1978 - 1984 had, at the time the skipper participation occurred, a valid sablefish interim-use permit for the fishery for which the applicant is applying; or
(ii) for the years 1975 - 1977 had a valid commercial fishing license, a valid sablefish interim-use permit for the fishery for which the applicant is applying, and a valid gear license for the gear being used, at the time the skipper participation occurred.

20 AAC 05.713

Eff. 8/30/87, Register 103

Authority:AS 16.43.100

AS 16.43.110(a)