20 AAC 05.697 - Definitions for 20 AAC 05.691 - 20 AAC 05.697

In 20 AAC 05.691 - 20 AAC 05.697, 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 the species of crab 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 species in that fishery during that year; or

(B) the gross amount actually received for the calendar year for the species of crab caught in that fishery;

(2) "applicant" means an individual who applied for an entry permit in a fishery and who was eligible to apply;

(3) "crewmember" means an individual, other than the skipper, who was physically present when the pot gear 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 - 1983, a person who had a valid crewmember license, interim-use permit, or entry permit at the time the participation occurred; and

(B) before 1978, a person who had a valid commercial fishing license at the time the participation occurred;

(4) "geared pot" means a pot with rigid tunnel eye openings that are a minimum of five inches in one dimension for king crab pots, and a maximum of five inches in one dimension for Tanner crab pots, and with tunnel eye opening perimeters, that individually are larger than 30 inches, or a pot that tapers inward from its base to a top consisting of one horizontal opening of any size, used or to be used in the fishery, and includes floats (buoys), adequate line, and bait cans;

(5) "joint operation" means a partnership or any other agreement by which two or more individuals function as joint operators;

(6) "joint operator" means a partner or other party to an agreement by which two or more individuals, whether or not properly individually licensed in the fishery, are physically present on the same vessel and in control or joint control of the commercial fishing operation;

(7) "landing month" means any calendar month during which a skipper made an authorized commercial harvest and delivery of the crab species for which a permit is sought, except that an authorized delivery in a calendar month that follows the closing date of an Alaska Department of Fish and Game designated open crab fishing period is considered to have been made during the calendar month of the closing date;

(8) "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;

(9) "participation" means active engagement in a commercial fishing operation that harvested and sold the crab resource in the fishery for which the applicant is applying if the crab sales were in accordance with regulations governing the sale or use of commercially caught species applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen;

(10) "skipper" means a pot gear operator who

(A) was physically present on the vessel and who was in control or joint control of the commercial fishing operation;

(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 - 1983, had a valid interim-use permit for the fishery at the time the skipper participation occurred;

(ii) for the years 1974 - 1977, had a valid commercial fishing license, a valid interim-use permit for the fishery, and a valid gear license for the pots being used at the time the skipper participation occurred;

(iii) before 1974, had a valid commercial fishing license and a valid gear license for the pots being used at the time the skipper participation occurred.

Notes

20 AAC 05.697

Eff. 1/30/87, Register 101

Authority:AS 16.43.100

AS 16.43.110(a)