20 AAC — Miscellaneous Boards and Commissions

Chapter 05 Commercial Fisheries Entry Commission

Article 1 Permits and Vessel License Required

20 AAC 05.010 Administrative areas

Repealed 12/18/74.

History

Authority: AS 16.43.100; AS 16.43.225 AS 16.43.110(a)AS 16.43.227
Eff. 1/2/92, Register 121

20 AAC 05.020 Fees

Repealed 12/18/74.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.227(a)
Eff. 1/2/92, Register 121

History

Authority: AS 16.05.905; AS 16.43.100; AS 16.43.110
Eff. 12/18/74, Register 52; am 1/1/78, Register 64; am 1/29/82, Register 81; am 12/30/82, Register 84; am 12/29/2000, Register 156

20 AAC 05.110 Permit required to possess fish or shellfish

(a) It is unlawful for any person to possess, within water subject to the jurisdiction of the state, any fish or shellfish, taken for a commercial purpose, aboard a fishing vessel commonly used for taking that species of fish or shellfish unless the person has in that person's possession a valid interim-use or entry permit card to take the fish or shellfish in that person's possession with the gear with which the vessel is equipped unless waived by the commission for good cause.

(b) As used in this section, a "commercial purpose" includes any sale, purchase, trade, gift, or any portion of a commercial transaction.

(c) For purposes of this section, a person reporting a landing of fish under a federal individual fishing quota (IFQ) possesses fish for a commercial purpose.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.140
Eff. 12/18/74, Register 52; am 1/1/78, Register 64; am 1/21/98, Register 145; am 2/11/2004, Register 169; am 12/21/2005, Register 176

20 AAC 05.115 Personal identification required

Any person who is in possession of an interim-use, or entry permit card issued by the commission shall, upon request of any fish purchaser, or any officer authorized by the state to enforce this chapter, present personal identification as required by AS 16.10.267(a)(2) to establish that the card is in the possession of the person to whom it was issued.

History

Authority: AS 16.10.267; AS 16.43.100; AS 16.43.110
Eff. 12/27/79, Register 72; am 10/28/84, Register 92; am 2/11/2004, Register 169; am 12/21/2005, Register 176

20 AAC 05.120 Permits for retaining incidentally-caught fish

(a) A person may retain incidentally-caught salmon, king crab, Tanner crab, Dungeness crab, halibut, or sablefish if the person holds a valid entry or interim-use permit for that species, type of gear, and area, and if the season for the incidentally-caught species is open under regulations of the Board of Fisheries in 5 AAC.

(b) Notwithstanding the provisions of (a) of this section, a person who holds a valid entry or interim-use permit for taking

(1) salmon with hand troll or power troll gear may retain other fish that were incidentally-caught while trolling for salmon if the fish may be legally taken under regulations of the Board of Fisheries in 5 AAC at that time and in that area using troll gear; and

(2) miscellaneous saltwater finfish, lingcod, or demersal shelf rockfish with dinglebar, mechanical jigging machine, or hand troll gear may retain halibut that were incidentally-caught while fishing for miscellaneous saltwater finfish, lingcod, or demersal shelf rockfish with those gear types if the halibut may be legally taken under regulations of the Board of Fisheries in 5 AAC, and regulations of other agencies, regulating halibut at that time in that area.

(c) A person who holds a valid entry or interim-use permit may retain an incidentally-caught species, other than those specified in (a) of this section and in addition to those species taken under (b) of this section, without holding an entry or interim-use permit for that species if

(1) the species may be legally taken in a directed fishery at that time and in that area, or the species may be legally taken as incidental catch at that time and in that area;

(2) the type of gear used to catch the species, and the area where the species is caught, are authorized by the entry or interim-use permit;

(3) the weight of the species does not exceed any applicable limit under regulations of the Board of Fisheries in 5 AAC for incidental catch of that species or, if there is no established limit, the weight of all retained, incidentally-caught species does not exceed 20 percent of the total weight of all fish caught in the directed fishery on board the vessel; and

(4) a fishery that involves the species, the type of gear used to catch the species, and the area where the species was caught is not subject to limited entry under AS 16.43 or to a moratorium to entry.

(d) The provisions of this section establish only when entry or interim-use permits are required for retaining incidentally-caught fish, and may not be interpreted to conflict with regulations adopted by the Board of Fisheries.

History

Authority: AS 16.43.100; AS 16.43.140; AS 16.43.950 AS 16.43.110; AS 16.43.150
Eff. 6/28/74, Register 54; am 5/20/76, Register 58; am 12/27/79, Register 72; am 1/2/81, Register 77; am 6/5/83, Register 86; am 6/18/86, Register 98; am 7/16/94, Register 131; am 5/4/95, Register 134; am 6/26/99, Register 150; am 11/23/2008, Register 188

20 AAC 05.130 Vessel license required

Except for those vessels exempted under AS 16.05.495, it is unlawful for a person to operate a vessel required to be licensed under AS 16.05.490 which does not display a valid vessel license as required by 20 AAC 05.1958.

History

Authority: AS 16.05.450(b)AS 16.05.495; AS 16.43.100 AS 16.05.490; AS 16.05.570; AS 16.43.110(a)
Eff. 1/1/78, Register 64; am 6/18/86, Register 98

Article 2 Fishery Identification System, Administrative Areas and Annual Fees

20 AAC 05.200 Fishery identification system

(a) For the purpose of issuing interim-use permits and entry permits, administering the collection of annual fees, and other purposes required for the administration of AS 16.43, a fishery identification system is established.

(b) Each fishery is identified by a code of letters and numbers. The first group of characters identifies the fishery resource. The second group of characters identifies the type of gear or the type of gear and any applicable restrictions. The final group of characters identifies the administrative area as defined in 20 AAC 05.230.

History

Authority: AS 16.43.100(a)(3)AS 16.43.140(c)AS 16.43.990(3) AS 16.43.100(b)AS 16.43.150(a) AS 16.43.110(a)AS 16.43.200(a)
Eff. 12/18/74, Register 52; am 11/25/84, Register 92; am 1/21/98, Register 145

20 AAC 05.210 Fishery resource codes

The letter, or letter and number code, from the following schedule is used to indicate the specific fishery resource for which an interim-use or entry permit is issued:

Code AAbaloneBHalibutCSablefishDDungeness CrabEBering Sea Hair CrabFFreshwater FishGRoe Herring - herring harvested during herring seasons established for each area in 5 AAC 27 that are not designated as food/bait seasons, or all herring harvested in the combined roe herring and herring fisheries designated in 20 AAC 05.310(d)HFood/Bait Herring - herring harvested during food/bait seasons designated for an area in 5 AAC 27ILingcodJGeoduckKKing Crab - all King Crab, except Area A Brown and Red/Blue King CrabK1Area A Red/Blue King CrabK2Area A Red/Blue and Brown King CrabK3Area A Brown King CrabK4Area A Red/Blue King Crab and Tanner CrabK5Area A Brown King Crab and Tanner CrabK6Area A Red/Blue and Brown King Crab and Tanner CrabLHerring Spawn on Kelp or Other SubstrateLALamprey, ArcticMMiscellaneous Saltwater Finfish - all marine finfish, except halibut, herring, sablefish, salmon, lingcod, and Southeastern Alaska demersal shelf rockfishNSnailsOOctopi and SquidPShrimpQSea CucumbersRClams - all clams, except geoduckSSalmonTTanner Crab - All Tanner Crab, except Area A Tanner Crab and Area K Bairdi Tanner crabT1Area A Tanner Crab, except Tanner Crab being fished in combination with Area A King Crab (see Codes K4, K5, and K6)TBArea K Bairdi Tanner CrabUSea UrchinsWScallopsYSoutheastern Alaska Demersal Shelf Rockfish - any or all of the Southeastern Alaska Sebastes species identified as demersal shelf rockfish in 5 AAC 39.975ZMiscellaneous Marine Invertebrates (exclusive of any species listed above)

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.140
Eff. 2/11/2004, Register 169; repealed 12/21/2005, Register 176) (Eff. 12/18/74, Register 52; am 1/21/78, Register 65; am 12/27/79, Register 72; am 1/2/81, Register 77; am 12/30/82, Register 84; am 11/25/84, Register 92; am 12/20/87, Register 104; am 8/20/89, Register 111; am 7/8/92, Register 123; am 3/3/94, Register 129; am 8/9/96, Register 139; am 12/4/96, Register 140; am 1/2/2003, Register 164; am 11/23/2008, Register 188; am 8/2/2024, Register 251

20 AAC 05.220 Gear codes

(a) A number code from the following schedule is used to indicate the specific type of gear for which an interim-use or entry permit is issued:

Code 01purse seine (hand or power)1 (A - D)herring gillnet and seine, combined fishery, with vessel restrictions++02beach seine03drift gillnet04set gillnet05hand troll06longline (registered vessel length under 60 feet)07otter trawl7 (A - D)trawl with vessel restrictions++7 (F - I)trawl gear for miscellaneous saltwater finfish fishery+++08fish wheel 9pot gear (Area A king and Tanner crab fisheries)09pot gear (registered vessel length under 60 feet)9 (A - D)pot gear with permit restrictions++9Epot gear (registered vessel length under 35 feet)** (limited to the "M" - Miscellaneous fishery resource code)10ring nets11diving gear12hand picking13dipnet15power troll17beam trawl18shovel21pound*2 (A - B)scallop dredge (A is for vessels with an overall length of more than 80 feet, and B is for vessels with an overall length of 80 feet or less)23mechanical or hydraulic digger25dinglebar troll gear26power-driven mechanical jigging machine28fyke net31herring gillnet and purse seine, combined permit34herring gillnet37pair trawl4 (A - D)net gear with vessel restrictions (includes trawl or any other gear authorized by the Board of Fisheries that catches fish with nets and, as specified under 5 AAC 28.230, pot gear)++5 (A - D)fixed gear with permit restrictions (includes longline or any other gear authorized by the Board of Fisheries that catches fish with fishing hooks and, as specified under 5 AAC 28.230, pot gear)++50longline and pot gear (registered vessel length under 60 feet)51longline and pot gear (registered vessel length 60 feet or over)61longline (required for vessels with registered vessel length 60 feet or over, but may be used aboard smaller vessels)++++6 (A - B)longline gear for miscellaneous saltwater finfish fishery (A is for vessels with an overall length of 90 feet or over and B is for vessels with an overall length of at least 60 feet but less than 90 feet)77institutional (all legal gear types used in a special harvest area or by the holder of an educational entry permit)80fishing derby (as authorized under AS 16.05.662)91pot gear (required for vessels with registered vessel length 60 feet or over, but may be used aboard smaller vessels)97aquatic farming (required to harvest, from an aquatic farm under 5 AAC 41.200 - 5 AAC 41.400, wild stock of a species identified for culture in the operation permit)99other

A set gillnet permit in the Yukon Area allows the use of a dip net under 5 AAC 05.362. A set gillnet permit in the Cook Inlet Area allows the use of a dip net under 5 AAC 21.382.

** A hand picking permit in the Prince William Sound herring wild spawn-on-kelp fishery includes and authorizes use of diving gear.

*** A herring pound permit allows the incidental use of other gear when operated in compliance with a pound permit issued by the commissioner of fish and game.

++ A permit issued with this gear code restricts the fishing capacity that a permit holder can use, as set out in 20 AAC 05.764, 20 AAC 05.779, 20 AAC 05.823, or 20 AAC 05.831.

+++ For miscellaneous saltwater finfish trawl permits, F-I corresponds to the overall length of the vessel indicated on the permit as follows: F is for an overall length less than 60 feet; G is for an overall length at least 60 feet but less than 90 feet; H is for an overall length 90 feet to 125 feet; and I is for an overall length more than 125 feet. A permit with G, H, or I may be used on a vessel that is smaller than the vessel that corresponds with the permit.

++++ A permit with this gear code issued for the Northern Southeast Inside sablefish longline fishery or Southern Southeast Inside sablefish longline fishery includes pot gear.

(b) Holders of gear code 61 and 91 permits shall notify the commission of any change of vessel used by the permit holder.

History

Authority: AS 16.43.100; AS 16.43.140 AS 16.43.110; AS 16.43.990
Eff. 12/18/74, Register 52; am 4/9/76, Register 58; am 1/1/78, Register 64; am 12/27/79, Register 72; am 12/30/82, Register 84; am 3/16/83, Register 85; am 11/25/84, Register 92; am 11/22/87, Register 104; am 3/3/94, Register 129; am 5/4/95, Register 134; am 12/15/95, Register 136; am 8/9/96, Register 139; am 9/13/2001, Register 159; am 1/2/2003, Register 164; am 11/6/2005, Register 176; am 7/20/2006, Register 179; am 6/1/2013, Register 206; am 5/11/2017, Register 222; am 6/25/2020, Register 234; am 9/18/2022, Register 243; am 8/2/2024, Register 251; am 5/24/2025, Register 254

20 AAC 05.230 Administrative areas

(a) For the purposes of issuing interim-use and entry permits for all waters subject to the jurisdiction of the State of Alaska, the administrative areas described in the schedule below are established. A letter code from the following schedule will be used to designate the specific administrative area for which an interim-use permit or entry permit is issued.

(1) Salmon administrative areas.

(A) Salmon administrative areas are as follows:

Code Letter Name and Description A - ZExcept for Administrative Areas B, P, and Y, all salmon administrative areas are the same as those salmon net gear registration areas established in 5 AAC 39.120(d).BStatewide Area - all waters subject to the jurisdiction of the state.PUpper Yukon Area - all waters included in Districts 4, 5, and 6 of the Yukon Area, described in 5 AAC 05.200(d) - (f).YLower Yukon Area - all waters included in Districts 1, 2, and 3 of the Yukon Area, described in 5 AAC 05.200(a) - (c).

(B) Where regulations of the Board of Fisheries allow,

(i) salmon set gillnet entry permits issued for Administrative Area E (Prince William Sound) are valid in all waters of and adjacent to the Pacific Ocean between the longitude of Cape Fairfield and the longitude of Icy Cape; and

(ii) salmon set gillnet and salmon drift gillnet entry permits issued for Area T (Bristol Bay) are valid in Area T and in the areas and at the times specified in 5 AAC 09.200(a)(1) - (3).

(2) King crab administrative areas.

Code Letter Name and Description A - TExcept for Administrative Areas X and Z, all king crab administrative areas are the same as those king crab registration areas established in 5 AAC 34.005. (A - F)Aleutian Islands Area - all waters of the CDQ crab fishery authorized under 5 AAC 39.690 within Registration Area O as described in 5 AAC 34.600. GAleutian Islands Area - all waters of the Adak community crab allocation fishery authorized under 5 AAC 39.690 within Registration Area O as described in 5 AAC 34.600. (A - F)Bering Sea Area - all waters of the CDQ crab fishery authorized under 5 AAC 39.690 within Registration Area Q as described in 5 AAC 34.900, excluding the Norton Sound Section as defined in 5 AAC 34.905(c)(1).T (A - F)Bristol Bay Area - all waters of the CDQ crab fishery authorized under 5 AAC 39.690 within Registration Area T as described in 5 AAC 34.800. Kotzebue Area - all waters of the Kotzebue Sound Section described in 5 AAC 34.905(c)(3).ZNorton Sound Area - all waters of the Norton Sound Section as described in 5 AAC 34.905(c)(1).Z (A - F)Norton Sound Area - all waters of the CDQ crab fishery authorized under 5 AAC 39.690 within the Norton Sound Section of Registration Area Q as described in 5 AAC 34.905(c)(1).

(3) Herring administrative areas.

Code Letter Name and Description ASoutheastern Alaska Area - the statistical area described in 5 AAC 27.100. Yakutat Area - the statistical area described in 5 AAC 27.200. Prince William Sound Area - the statistical area described in 5 AAC 27.300. Cook Inlet Area - the statistical area described in 5 AAC 27.400. Kodiak Area - the statistical area described in 5 AAC 27.500. Chignik Area - the statistical area described in 5 AAC 27.550. Alaska Peninsula-Aleutian Islands Area - the statistical area described in 5 AAC 27.600. Nelson Island Area - the district described in 5 AAC 27.875(c).SSecurity Cove Area - the district described in 5 AAC 27.875(a).TBristol Bay Area - the statistical area described in 5 AAC 27.800. Nunivak Island Area - the district described in 5 AAC 27.875(d).VCape Avinof Area - the district described in 5 AAC 27.875(e).WGoodnews Bay Area - the districts described in 5 AAC 27.875(a) and (b).XKotzebue Area - the districts described in 5 AAC 27.905(c) and (d).YCape Romanzof Area - the district described in 5 AAC 27.905(a).ZNorton Sound Area - the district described in 5 AAC 27.905(b).

(4) Repealed 1/2/81.

(5) Tanner crab administrative areas.

Code Letter Name and Description A - HTanner Crab Administrative Areas A - H are the same as those Tanner crab registration areas established in 5 AAC 35.005. Kodiak Area - all waters of the Kodiak District as described in 5 AAC 35.505(a).LChignik Area - all waters of the Chignik District as described in 5 AAC 35.505(f) and waters of the Semidi Island Overlap Section of the Kodiak District as described in 5 AAC 35.505(a)(5).MAlaska Peninsula Area - all waters of the South Peninsula District as described in 5 AAC 35.505(b).ODutch Harbor Area - all waters of the Eastern Aleutians District as described in 5 AAC 35.505(c).QBering Sea Area - all waters of the Bering Sea District as described in 5 AAC 35.505(e).Q (A - F)Bering Sea Area - all waters of the CDQ crab fishery authorized under 5 AAC 39.690 within the Bering Sea District of Registration Area J as described in 5 AAC 35.505(e).RAdak-Western Aleutians Area - all waters of the Western Aleutians District as described in 5 AAC 35.505(d).

(6) Dungeness crab administrative areas.

Code Letter Name and Description ASoutheastern Alaska Area - the statistical area comprised of the waters specified in 5 AAC 32.100. Yakutat Area - the statistical area comprised of the waters specified in 5 AAC 32.155. Prince William Sound Area - the statistical area comprised of the waters specified in 5 AAC 32.200. Cook Inlet Area - the statistical area comprised of the waters specified in 5 AAC 32.300. Westward Area - the statistical area comprised of the waters specified in 5 AAC 32.400, excluding the Alaska Peninsula District specified in 5 AAC 32.405(b) and the Chignik District specified in 5 AAC 32.405(e).LChignik Area - comprised of the waters of the Chignik District as specified in 5 AAC 32.405(e).MAlaska Peninsula Area - comprised of the waters of the Alaska Peninsula District as specified in 5 AAC 32.405(b).

(7) Shrimp administrative areas.

Code Letter Name and Description ASoutheastern Alaska Area - the statistical area comprised of the waters described in 5 AAC 31.100. Yakutat Area - the statistical area comprised of the waters described in 5 AAC 31.150. Prince William Sound Area - the statistical area comprised of the waters described in 5 AAC 31.200. Cook Inlet Area - the statistical area comprised of the waters described in 5 AAC 31.300 and 5 AAC 31.400. Westward Area - the statistical area comprised of the waters described in 5 AAC 31.500.

(8) Sablefish administrative areas.

Code Letter Name and Description ANorthern Southeast Inside Area - all waters of the Northern Southeast Inside (NSEI) Subdistrict as described in 5 AAC 28.105(a)(2).BStatewide Area - all waters subject to the jurisdiction of the state, excluding those waters described as A, C, and E in this paragraph.CSouthern Southeast Inside Area - all waters of the Southern Southeast Inside (SSEI) Subdistrict as described in 5 AAC 28.105(a)(1).EPrince William Sound Area - all waters of the Prince William Sound Area as described in 5 AAC 28.205(a).

(9) Herring spawn-on-kelp pound administrative areas.

Code Letter Name and Description ANorthern Southeast Area - Districts 9 - 16, as described in 5 AAC 33.200. Southern Southeast Area - Districts 1 - 8 and the Dixon Entrance District as described in 5 AAC 33.200. Prince William Sound Area - the statistical area described in 5 AAC 27.300.

(10) Nonspecified administrative area.

Code Letter Name and Description BStatewide Area - for all fishery resources not specified in this section, permits will be issued for all waters subject to the jurisdiction of the state.

(11) Hair crab administrative areas.

Code Letter Name and Description BStatewide Area - all waters subject to the jurisdiction of the state, excluding those waters described in Q in this paragraph.QBering Sea Area - all waters of the Bering Sea District as described in 5 AAC 35.505(e).

(12) Sea urchin, sea cucumber, geoduck, and abalone administrative areas.

Code Letter Name and Description ASoutheastern Alaska Area - the statistical area comprised of the waters described in 5 AAC 38.100. Statewide Area - all waters subject to the jurisdiction of the state, excluding those waters described in A and K in this paragraph.KKodiak Area - the statistical area comprised of the waters described in 5 AAC 35.505(a).

(13) Scallop administrative areas.

Code Letter Name and Description FWFederal Waters - all waters of the exclusive economic zone (EEZ).SWState Waters - all internal waters of the state and the territorial sea.

(14) Miscellaneous saltwater finfish administrative areas.

Code Letter Name and Description BStatewide Area - all waters subject to the jurisdiction of the state.GGulf of Alaska Area - all waters of Registration Areas A - M as established in 5 AAC 28.005 and described in 5 AAC 28.100, 5 AAC 28.200, 5 AAC 28.300, 5 AAC 28.400, 5 AAC 28.500, and 5 AAC 28.550.

(15) Demersal shelf rockfish administrative areas.

Code Letter Name and Description AEastern Gulf of Alaska Area - all waters of Registration Area A as established in 5 AAC 28.100 and described in 5 AAC 28.105.

(b) Each administrative area listed in (a)(1) of this section shall include all freshwaters of Alaska draining into the ocean between the points on the coastline which designate the boundaries of the administrative area, unless otherwise provided in the description of the administrative area in (a)(1) of this section.

(c) In the king crab administrative areas described in (a)(2) of this section, and in the Tanner crab administrative areas described in (a)(5) of this section, if a letter code from the schedule set out in (a)(2) or (a)(5) of this section designating an administrative area is immediately followed by a second letter,

(1) the second letter in the code indicates the CDQ group or community allocation group harvesting the crab allocation; and

(2) the permit card issued by the commission for a CDQ or community allocation fishery in an administrative area having a second letter in its code is only valid for harvest of the CDQ or community allocation king crab or Tanner crab allocation as authorized by the CDQ or community allocation group holding the king crab or Tanner crab allocation for that administrative area.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.200
Eff. 12/18/74, Register 52; am 5/12/75, Register 54; am 4/9/76, Register 58; am 2/25/77, Register 61; am 1/21/78, Register 65; am 3/2/80, Register 73; am 1/2/81, Register 77; am 1/29/82, Register 81; am 10/30/82, Register 84; am 12/30/82, Register 84; am 2/29/84, Register 89; am 10/28/84, Register 92; am 11/25/84, Register 92; am 12/29/84, Register 92; am 4/13/85, Register 94; am 8/24/85, Register 95; am 9/26/85, Register 95; am 12/22/85, Register 96; am 11/22/87, Register 104; am 12/20/87, Register 104; am 8/20/89, Register 111; am 1/17/91, Register 117; am 1/2/92, Register 121; am 2/11/95, Register 133; am 5/4/95, Register 134; am 12/14/95, Register 136; am 12/4/96, Register 140; am 1/21/98, Register 145; am 5/16/2002, Register 162; am 9/21/2003, Register 167; am 5/6/2004, Register 170; am 12/1/2004, Register 172; am 11/6/2005, Register 176; am 12/21/2005, Register 176; am 11/23/2008, Register 188; am 11/20/2009, Register 192; am 12/31/2010, Register 196; am 6/1/2013, Register 206; am 12/25/2013, Register 208; am 9/18/2022, Register 243

20 AAC 05.240 Schedule of annual fees for 2001

Repealed.

History

Eff. 12/27/79, Register 72; am 1/2/81, Register 77; am 3/4/81, Register 78; am 1/29/82, Register 81; am 10/30/82, Register 84; am 12/30/82, Register 84; am 10/28/84, Register 92; am 12/29/84, Register 92; am 4/13/85, Register 94; am 9/26/85, Register 95; am 11/22/87, Register 104; am 11/26/87, Register 104; am 1/17/91, Register 117; am 2/8/95, Register 133; am 5/4/95, Register 134; am 1/1/2000, Register 152; am 10/27/2001, Register 160; repealed 12/21/2002, Register 164

20 AAC 05.245 Schedule of annual fees

(a) The commission will determine, on a yearly basis, the annual fee for the issuance or renewal of an entry permit or interim-use permit according to the following:

(1) the annual base fee for the issuance or renewal of an entry permit or interim-use permit in a limited fishery is four-tenths of one percent of the estimated value of the entry permit, as determined under 20 AAC 05.1990, rounded to the nearest fee class amount established in (4) of this subsection; if insufficient data are available to determine the estimated value of an entry permit, or no permit sale values have been recorded for the most recent three years, the annual fee in a limited fishery will be calculated according to (2) or (3) of this subsection;

(2) the annual base fee for the issuance or renewal of an interim-use permit in an unlimited fishery is four-tenths of one percent of the estimated average gross earnings per permit in the most recent three years for which data are available, rounded to the nearest fee class amount established in (4) of this subsection;

(3) notwithstanding (1) and (2) of this subsection, and subject to the limits for an annual base fee in AS 16.43.160(c), the commission may make an appropriate adjustment to an annual base fee if

(A) more than one permit type allows the directed harvest of the same species with the same gear in the same area or if one permit allows the directed harvest of the same species by a combination of gears in the same area; or

(B) strict application of (1) and (2) of this subsection results in an annual base fee that is not appropriate in light of the rate of economic return for the fisheries covered by that permit;

(4) the annual base fees are as follows:

(A) Except as specified in (B) of this paragraph, as follows:

FEE CLASS ANNUAL BASE FEE 40$3,000392,925382850372775362,700352,625342,550332,475322,400312,325302,250292,175282,100272,025261,950251,875241,800231,725221,650211,575201,500191,425181,350171,275161,200151,125141,0501397512900118251075096758600752564505375430032252150175

(B) notwithstanding (A) of this paragraph, the commission will restrict the annual base fees for interim-use and entry permits according to the following caps:

(i) for 2006, fee class 14;

(ii) for 2007, fee class 27; and

(iii) beginning in 2008, fee class 40;

(5) under (1) of this subsection, the entry permit value for each fishery will be estimated by the commission in June of the year immediately preceding the year for which the annual base fee applies;

(6) under (2) and (3) of this subsection, the average gross earnings for each fishery will be estimated by the commission in June of the year immediately preceding the year for which the annual base fee applies; these estimates will be based upon the most recent three years for which data are available; if less than three years of data are available for a fishery, the average will be calculated using the available years;

(7) in addition to the annual base fees for all interim-use or entry permits renewed for the year, a person who is not a resident of this state, will be charged an annual nonresident surcharge for that year as calculated under this paragraph; once every three years, the commission will obtain from the Office of the Governor, Office of Management and Budget (OMB), the values necessary to calculate the maximum allowable annual fee differentials under the per capita formula established by Carlson v. State, 919 P.2d 1337, 1342-45 (Alaska 1996); to determine the annual nonresident surcharge, the commission will calculate an average of the maximum allowable fee differentials in the five most recent fiscal years for which OMB has provided values, and will round the calculated average to the nearest five dollars; the commission will recalculate the annual nonresident surcharge every three years;

(8) notwithstanding (2) of this subsection, an applicant for an interim-use permit in a halibut or sablefish fishery regulated under a federal individual fishing quota program may pay an annual base fee corresponding to fee class 1 as specified under (4) of this subsection if the applicant, during the most recent completed calendar year, harvested and delivered 8,000 standardized (headed and gutted) pounds or less of halibut to qualify for the reduced halibut fee or 9,000 round pounds or less of sablefish to qualify for the reduced sablefish fee, as documented by the National Marine Fisheries Service, restricted access management; if the applicant did not deliver halibut or sablefish in the most recent calendar year, the applicant must submit evidence showing the applicant is authorized to harvest and deliver 8,000 pounds or less of halibut to qualify for the reduced halibut fee and 9,000 pounds or less of sablefish to qualify for the reduced sablefish fee during the upcoming calendar year; for purposes of this paragraph, an applicant's fee under (c) or (d) of this section is 50 percent of the annual base fee the applicant would qualify for under (2) of this subsection.

(9) an applicant for a halibut interim-use permit that is used only to participate in the Western Alaska Community Development Quota (CDQ) Program as authorized under 16 U.S.C. 1855(i)(1) (sec. 305(i)(1) of the Magnuson-Stevens Fishery Conservation and Management Act) may pay an annual base fee corresponding to fee class 1 as specified under (4) of this subsection if the applicant designates on the application the name of the CDQ community or group on behalf of which the applicant will be participating and certifies that the interim-use permit will be used only to harvest halibut under the CDQ program.

(b) Unless fishery resources, gear, or administrative areas are combined under this chapter, and except as provided in 20 AAC 05.120, a separate permit is required for each separate fishery resource, gear, and administrative area.

(c) A person may apply on a form prescribed by the commission for a reduced fee for the issuance of an interim-use permit or the annual renewal of an interim-use or entry permit if the person meets the eligibility standards for the federal food stamp program as described in AS 16.43.160(d). A person applying under this section must provide all documentation required on the form. The reduced fee for a resident entry or interim-use permit is 50 percent of the annual base fee determined under (a)(4) of this section. The reduced fee for a nonresident entry or interim-use permit is 50 percent of the annual base fee determined under (a)(4) of this section, in addition to the full amount of the annual nonresident surcharge under (a)(7) of this section.

(d) Repealed 6/25/2020.

(e) Repealed 6/25/2020.

History

Authority: AS 16.43.100; AS 16.43.140; AS 16.43.160 AS 16.43.110; AS 16.43.150; AS 16.43.990
Eff. 10/27/2001, Register 160; am 5/16/2002, Register 162; am 12/21/2002, Register 164; am 12/6/2003, Register 168; am 12/1/2004, Register 172; am 11/6/2005, Register 176; am 10/28/2006, Register 180; am 11/10/2007, Register 184; am 11/23/2008, Register 188; am 11/20/2009, Register 192; am 12/31/2010, Register 196; am 12/25/2011, Register 200; am 12/27/2012, Register 204; am 12/25/2013, Register 208; am 11/13/2014, Register 212; am 11/4/2015, Register 216; am 11/16/2016, Register 220; am 10/29/2017, Register 224; am 11/25/2018, Register 228; am 12/21/2019, Register 232; am 6/25/2020, Register 234; am 3/26/2021, Register 237

20 AAC 05.250 Application fee

(a) The application fee for an entry permit is $100. This fee is nonrefundable and must be paid at the time an application is submitted.

(b) Instead of the $100 application fee required under (a) of this section, an applicant may pay a fee of $50 if the applicant meets the eligibility standards for the federal food stamp program as described in AS 16.43.160(d).

History

Authority: AS 16.43.100; AS 16.43.110
Eff. 1/30/87, Register 101; am 1/1/2000, Register 152; am 5/16/2002, Register 162; am 12/21/2002, Register 164; am 12/6/2003, Register 168; am 12/1/2004, Register 172; am 11/6/2005, Register 176; am 10/28/2006, Register 180; am 11/10/2007, Register 184; am 11/23/2008, Register 188; am 11/20/2009, Register 192; am 12/31/2010, Register 196; am 12/25/2011, Register 200; am 12/27/2012, Register 204; am 12/25/2013, Register 208; am 11/13/2014, Register 212; am 11/4/2015, Register 216; am 11/16/2016, Register 220, am 10/29/2017, Register 224; am 11/25/2018, Register 228; am 12/21/2019, Register 232; am 6/25/2020, Register 234

20 AAC 05.290 Residency

For the purpose of assessing fees for the application for, annual issuance of, or renewal of entry and interim-use permits, an individual is a resident of this state if, on the date of permit application, issuance, or renewal, and throughout the 12-month period before that date, that individual maintained their domicile in this state, did not claim residency in another state, territory, or country, and did not obtain benefits under a claim of residency in another state, territory, or country. For the purposes of this section, "domicile" means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; domicile may be proved by presenting evidence acceptable to the commission.

History

Authority: AS 01.10.055; AS 16.43.110 AS 16.43.100; AS 16.43.160
Eff. 10/27/2001, Register 160; am 12/27/2012, Register 204; am 3/26/2021, Register 237

Article 3 Limited Fisheries

20 AAC 05.300 Distressed fisheries

The commission designates the following as distressed fisheries based upon its estimate that the optimum number of entry permits for these fisheries will be less than the highest number of units of gear fished in these fisheries during any one of the four years immediately preceding January 1, 1973:

Salmon Fisheries (1)Southeastern Alaska (A)drift gillnet fishery*(2)Prince William Sound (E)drift gillnet fishery(3)Cook Inlet (H)drift gillnet fisheryset gillnet fishery(4)Kodiak (K)purse seine fishery(5)Alaska Peninsula-Aleutian Islands (M)drift gillnet fishery(6)Bristol Bay (T)drift gillnet fisheryset gillnet fishery

History

Authority: AS 16.43.110(a)AS 16.43.230
Eff. 12/18/74, Register 52; am 4/7/75, Register 54

20 AAC 05.310 Other designated fisheries

(a) The commission designates the following salmon fisheries as those that have reached levels of participation that require the limitation of entry:

(1)Southeastern Alaska (A)purse seine fishery(2)Yakutat (D)set gillnet fishery(3)Prince William Sound (E)purse seine fisheryset gillnet fishery(4)Cook Inlet (H)purse seine fishery*(5)Kodiak (K)beach seine fisheryset gillnet fishery(6)Chignik (L)purse seine fishery(7)Alaska Peninsula-Aleutian Islands (M)purse seine fisheryset gillnet fishery(8)Statewide (B)power troll fisheryhand troll fishery(9)Kuskokwim (W)gillnet fishery**(10)Kotzebue (X)gillnet fishery**(11)Lower Yukon (Y)gillnet fishery**(12)Upper Yukon (P)gillnet fisheryfish wheel fishery(13)Norton Sound (Z)gillnet fishery

*In areas H and M, the purse seine fishery includes the beach seine fishery.

**In areas W, X, Y, P, and Z, the gillnet fishery includes both set and drift net fisheries.

***In area P, the gillnet and fish wheel fisheries include gear authorized by the Alaska Board of Fisheries for the Anvik River chum salmon fishery.(b)

As used in 20 AAC 05.300 - 20 AAC 05.320, "power troll" means the taking of a salmon fishery resource with troll lines operated by nonmanual gurdys.(c)

The commission designates the following roe herring fisheries as those which have reached levels of participation which require the limitation of entry:

(1)Southeastern Alaska (A)purse seine fishery(2)Prince William Sound (E)purse seine fisherygillnet fishery*(3)Kodiak (K)purse seine fisherygillnet fishery*

*In areas E and K, the roe herring gillnet fishery includes the set gillnet and drift gillnet fisheries. (d)

The commission designates the following combined roe herring and herring fisheries as those that have reached levels of participation that require the limitation of entry:

(1)Cook Inlet (H)purse seine fishery(2)Southeastern Alaska (A)gillnet fishery*(3)Nelson Island (N)gillnet fishery(4)Lower Yukon (Cape Romanzof) (Y)gillnet fishery(5)Norton Sound (Z)beach seine fisherygillnet fishery(6)Nunivak Island (U)gillnet fishery(7)Goodnews Bay (W)gillnet fishery

*In area A, the herring gillnet fishery includes the set gillnet and the drift gillnet fisheries. (e)

The commission designates the following crab fisheries as those that have reached levels of participation that require the limitation of entry:

(1)Southeastern Alaska (A)red and blue king crab pot fisherybrown king crab pot fisheryTanner crab pot fisheryDungeness crab pot fisheryDungeness crab ring net fisheryDungeness crab diving gear fishery(2)Cook Inlet (H)Dungeness crab pot fisheryDungeness crab ring net fishery(3)Kodiak (K)bairdi Tanner crab pot fishery(f)

The commission designates the following sablefish fisheries as those that have reached levels of participation that require the limitation of entry:

(1)Northern Southeast Inside (A)longline fisher(2)Southern Southeast Inside (C)longline fisherypot fishery(3)Prince William Sound (E)fixed gear fisherypot gear fisherynet gear fishery

(g) The commission designates the following herring spawn-on-kelp pound fisheries as those that have reached levels of participation that require the limitation of entry:

(1) Northern Southeast (A)

(2) Southern Southeast (C)

(3) Prince William Sound (E)

(h) The commission designates the Bristol Bay (Togiak) (T) herring spawn on kelp fishery as one that has reached a level of participation that requires the limitation of entry.

(i) The commission designates the Southeastern Alaska (A) shrimp pot, beam trawl, and otter trawl fisheries as fisheries that have reached levels of participation that require the limitation of entry.

(j) The commission designates the Southeastern Alaska (A) geoduck clam dive fishery as one that has reached a level of participation that requires the limitation of entry.

(k) The commission designates the Southeastern Alaska (A) sea cucumber dive fishery as one that has reached a level of participation that requires the limitation of entry.

(l) The commission designates the Southeastern Alaska (A) sea urchin dive fishery as one that has reached a level of participation that requires the limitation of entry.

(m) The commission designates the Kodiak (K) food and bait herring gillnet and seine combined fishery as one that has reached a level of participation that requires the limitation of entry.

(n) The commission designates the Kodiak (K) food and bait herring trawl fishery as one that has reached a level of participation that requires the limitation of entry.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.240
Eff. 12/18/74, Register 52; am 4/9/76, Register 58; am 2/25/77, Register 61; am 1/21/78, Register 65; am 4/30/78, Register 66; am 1/25/80, Register 73; am 3/2/80, Register 73; am 2/15/81, Register 77; am 11/25/84, Register 92; am 8/24/85, Register 95; am 9/26/85, Register 95; am 12/22/85, Register 96; am 3/29/87, Register 101; am 12/20/87, Register 104; am 3/26/88, Register 105; am 12/30/89, Register 112; am 11/14/93, Register 128; am 2/11/95, Register 133; am 5/4/95, Register 134; am 12/14/95, Register 136; am 12/15/95, Register 136; am 1/2/96, Register 136; am 12/4/96, Register 140; am 5/29/97, Register 142; am 7/26/97, Register 143; am 8/2/97, Register 143; am 6/30/2000, Register 154; 1st add'l am 6/30/2000, Register 154; 2nd add'l am 6/30/2000, Register 154; am 9/13/2001, Register 159; am 1/2/2003, Register 164

20 AAC 05.320 Maximum number of entry permits

(a) The maximum number of entry permits for each of the salmon fisheries designated under 20 AAC 05.300 and 20 AAC 05.310 is established as follows:

Maximum Fisheries Number of Entry Permits (1) Southeastern Alaska (A)purse seine fishery . . . . . 395drift gillnet fishery . . . . . 453(2) Yakutat (D)set gillnet fishery . . . . . 150(3) Prince William Sound (E)purse seine fishery . . . . . 258drift gillnet fishery . . . . . 511set gillnet fishery . . . . . 32(4) Cook Inlet (H)purse seine fishery . . . . . 68drift gillnet fishery . . . . . 545set gillnet fishery . . . . . 686(5) Kodiak (K)purse seine fishery . . . . . 368beach seine fishery . . . . . 27set gillnet fishery . . . . . 183(6) Chignik (L)purse seine fishery . . . . . 80(7) Alaska Peninsula-Aleutian Islands (M)purse seine fishery . . . . . 111drift gillnet fishery . . . . . 155set gillnet fishery . . . . . 110(8) Bristol Bay (T)drift gillnet fishery . . . . . 1669set gillnet fishery . . . . . 803(9) Statewide (B)power troll fishery . . . . . 950hand troll fishery . . . . . 2150(10) Kuskokwim (W)gillnet fishery . . . . . 810(11) Kotzebue (X)gillnet fishery . . . . . 214(12) Lower Yukon (Y)gillnet fishery . . . . . 671(13) Upper Yukon (P)gillnet fishery . . . . . 74fish wheel fishery . . . . . 159(14) Norton Sound (Z)gillnet fishery . . . . . 195

(b) The maximum number of entry permits for each of the roe herring fisheries designated in 20 AAC 05.310(c) is established as follows:

Maximum Fisheries Number of Entry Permits (1) Southeastern Alaska (A)purse seine fishery . . . . . 41(2) Prince William Sound (E)purse seine fishery . . . . . 68gillnet fishery . . . . . 25(3) Kodiak (K)purse seine fishery . . . . . 87gillnet fishery . . . . . 121

(c) The maximum number of entry permits for each of the combined roe herring and herring fisheries designated in 20 AAC 05.310(d) is established as follows:

Maximum Fisheries Number of Entry Permits (1) Cook Inlet (H)purse seine fishery . . . . . 68(2) Southeastern Alaska (A)gillnet fishery . . . . . 110(3) Nelson Island (N)gillnet fishery . . . . . 170(4) Lower Yukon Cape Romanzof (Y)gillnet fishery . . . . . 101(5) Norton Sound (Z)beach seine fishery . . . . . 8gillnet fishery . . . . . 304(6) Nunivak Island (U)gillnet fishery . . . . . 62(7) Goodnews Bay (W)gillnet fishery . . . . . 182

(d) The maximum number of entry permits for each of the crab fisheries designated in 20 AAC 05.310(e) is established as follows:

Maximum Fisheries Number of Entry Permits (1) Southeastern Alaska (A)red and blue king crab pot fishery . . . . . 61(2) Southeastern Alaska (A)brown king crab pot fishery . . . . . 57(3) Southeastern Alaska (A)Tanner crab pot fishery . . . . . 83(4) Cook Inlet (H)Dungeness crab pot fishery . . . . . 101(5) Cook Inlet (H)Dungeness crab ring net fishery . . . . . 2(6) Southeastern Alaska (A)Dungeness crab pot fishery . . . . . 308(7) Southeastern Alaska (A)Dungeness crab ring net fishery . . . . . 8(8) Southeastern Alaska (A)Dungeness crab diving gear fishery . . . . . 5(9) Kodiak (K)bairdi Tanner crab pot fishery . . . . . 180

(e) The maximum number of entry permits for the sablefish fisheries designated in 20 AAC 05.310(f) are established as follows:

Maximum Fisheries Number of Entry Permits (1) Northern Southeast Inside (A)longline fishery . . . . . 73(2) Southern Southeast Inside (C)longline fishery . . . . . 18pot fishery . . . . . 3(3) Prince William Sound (E)fixed gear fishery . . . . . 49pot gear fishery . . . . . 1net gear fishery . . . . . 1

(f) The maximum number of entry permits for each of the herring spawn-on-kelp pound fisheries designated in 20 AAC 05.310(g) is established as follows:

Maximum Fisheries Number of Entry Permits (1) Northern Southeast (A) . . . . . 109(2) Southern Southeast (C) . . . . . 229(3) Prince William Sound (E) . . . . . 125

(g) The maximum number of entry permits for the Bristol Bay (Togiak) herring spawn-on-kelp fishery designated in 20 AAC 05.310(h) is 251.

(h) The maximum number of entry permits for the Southeast Alaska (A) shrimp fisheries designated in 20 AAC 05.310(i) is established as follows:

Maximum Fisheries Number of Entry Permits (1) pot fishery . . . . . 334(2) beam trawl fishery . . . . . 41(3) otter trawl fishery . . . . . 6

(i) The maximum number of entry permits for the Southeast Alaska (A) geoduck clam dive fishery designated in 20 AAC 05.310(j) is 104.

(j) The maximum number of entry permits for the Southeast Alaska (A) sea cucumber dive fishery designated in 20 AAC 05.310(k) is 436.

(k) The maximum number of entry permits for the Southeast Alaska (A) sea urchin dive fishery designated in 20 AAC 05.310(l) is 95.

(l) The maximum number of entry permits for the Kodiak (K) food and bait herring gillnet and seine combined fishery designated in 20 AAC 05.310(m) is five.

(m) The maximum number of entry permits for the Kodiak (K) food and bait herring trawl fishery designated in 20 AAC 05.310(n) is four.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.240
Eff. 12/18/74, Register 52; am 4/7/75, Register 54; am 5/12/75, Register 54; am 4/9/76, Register 58; am 2/25/77, Register 61; am 1/21/78, Register 65; am 4/30/78, Register 66; am 1/25/80, Register 73; am 3/2/80, Register 73; am 2/15/81, Register 77; am 10/30/82, Register 84; am 11/25/84, Register 92; am 8/24/85, Register 95; am 12/22/85, Register 96; am 3/29/87, Register 101; am 12/20/87, Register 104; am 3/26/88, Register 105; am 12/30/89, Register 112; am 5/20/90, Register 114; am 11/14/93, Register 128; am 2/11/95, Register 133; am 10/1/95, Register 136; am 12/14/95, Register 136; am 12/15/95, Register 136; am 1/2/96, Register 136; am 1/26/96, Register 137; am 8/9/96, Register 139; am 12/4/96, Register 140; am 5/29/97, Register 142; am 7/26/97, Register 143; am 8/2/97, Register 143; am 6/30/2000, Register 154; 1st add'l am 6/30/2000, Register 154; 2nd add'l am 6/30/2000, Register 154; am 9/13/2001, Register 159; am 10/31/2001, Register 160; am 1/2/2003, Register 164; am 11/6/2005, Register 176; am 12/25/2013, Register 208; am 6/25/2020, Register 234

20 AAC 05.330 Qualification dates of limited fisheries

(a) The qualification date for those salmon fisheries designated in 20 AAC 05.300 is January 1, 1973.

(b) The qualification date for the following salmon fisheries designated in 20 AAC 05.310(a) is January 1, 1973:

The qualification date for the Statewide (B) salmon hand troll fishery designated in 20 AAC 05.310(a) is January 1, 1980. d)

The qualification date for the following salmon fisheries designated in 20 AAC 05.310(a) is January 1, 1976:

(1)Kuskokwim (W)gillnet fishery(2)Kotzebue (X)gillnet fishery(3)Lower Yukon (Y)gillnet fishery(4)Upper Yukon (P)Upper Yukon (P)fish wheel fishery(5)Norton Sound (Z)gillnet fishery(e)

The qualification date for the following roe herring fisheries designated in 20 AAC 05.310(c) is January 1, 1977:

(1)Southeastern Alaska (A)purse seine fishery(2)Prince William Sound (E)purse seine fishery

(f) The qualification date for the Prince William Sound (E) roe herring gillnet fishery designated in 20 AAC 05.310(c) is January 1, 1980.

(g) The qualification date for the Kodiak (K) roe herring purse seine and gillnet fisheries designated in 20 AAC 05.310(c) is January 1, 1981.

(h) The qualification date for those combined roe herring and herring fisheries designated in 20 AAC 05.310(d) is January 1, 1987, except for the purse seine fishery of Cook Inlet (H), for which the qualification date is January 1, 1977, the gillnet fishery of Southeastern Alaska (A), for which the qualification date is January 1, 1978, and the gillnet fishery of Nunivak Island (U), for which the qualification date is January 1, 1988.

(i) The qualification date for the Southeastern Alaska red and blue king crab pot, brown king crab pot, and Tanner crab pot fisheries designated in 20 AAC 05.310(e)(1) is January 1, 1984.

(j) The qualification date for those sablefish fisheries designated in 20 AAC 05.310(f)(1) and (f)(2) is January 1, 1985.

(k) The qualification date for the herring spawn-on-kelp pound fishery designated in 20 AAC 05.310(g)(3) is January 1, 1987.

(l) The qualification date for the herring spawn on kelp fishery designated in 20 AAC 05.310(h) is January 1, 1989.

(m) The qualification date for the Cook Inlet Dungeness crab pot and ring net fisheries designated in 20 AAC 05.310(e)(2) is January 1, 1993.

(n) The qualification date for those herring spawn-on-kelp pound fisheries designated in 20 AAC 05.310(g)(1) and (g)(2) is January 1, 1995.

(o) The qualification date for the Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries designated in 20 AAC 05.310(e)(1) is January 2, 1992.

(p) The qualification date for the Prince William Sound sablefish fisheries designated in 20 AAC 05.310(f)(3) is January 1, 1995.

(q) The qualification date for the Southeastern pot shrimp fishery designated in 20 AAC 05.310(i) is January 1, 1996.

(r) The qualification date for the Southeastern Alaska shrimp beam trawl and otter trawl fisheries designated in 20 AAC 05.310(i) is January 1, 1997.

(s) The qualification date for the Goodnews Bay herring gillnet fishery designated in 20 AAC 05.310(d) is January 1, 1997.

(t) The qualification date for the Southeastern Alaska (A) geoduck clam dive fishery designated in 20 AAC 05.310(j) is July 1, 1996.

(u) The qualification date for the Southeastern Alaska (A) sea cucumber dive fishery designated in 20 AAC 05.310(k) is July 1, 1996.

(v) The qualification date for the Southeastern Alaska (A) sea urchin dive fishery designated in 20 AAC 05.310(1) is July 1, 1996.

(w) The qualification date for the Kodiak (K) food and bait herring gillnet and seine combined fishery designated in 20 AAC 05.310(m) is January 1, 2001.

(x) The qualification date for the Kodiak (K) food and bait herring trawl fishery designated in 20 AAC 05.310(n) is January 1, 2001.

(y) The qualification date for the Kodiak (K) bairdi Tanner crab pot fishery designated in 20 AAC 05.310(e) is January 1, 2003.

History

Authority: AS 16.43.100; AS 16.43.240 AS 16.43.110; AS 16.43.260
Eff. 5/20/90, Register 114; am 11/14/93, Register 128; am 7/16/94, Register 131; am 2/11/95, Register 133; am 12/14/95, Register 136; am 12/15/95, Register 136; am 1/2/96, Register 136; am 5/29/97, Register 142; am 7/26/97, Register 143; am 8/2/97, Register 143; am 6/30/2000, Register 154; 1st add'l am 6/30/2000, Register 154; 2nd add'l am 6/30/2000, Register 154; am 9/13/2001, Register 159; am 1/2/2003, Register 164

Article 4 Interim-Use Permits

20 AAC 05.400 Interim-use permit required

(a) An interim-use permit is required under 20 AAC 05.100 and 20 AAC 05.110 for any commercial fishery not designated in 20 AAC 05.300 and 20 AAC 05.310.

(b) For all applicants for interim-use permits, there is a rebuttable presumption that the applicant is unable to participate actively in the fishery if (1) for setnet permits, gear code 04, the applicant has not attained age 10; and (2) for all other permits, the applicant has not attained age 16. The rebuttable presumption established in this subsection does not apply to gear codes 12 (hand picking), 18 (shovel), 21 (pound), and 99 (other).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.210
Eff. 9/21/2003, Register 167; repealed 6/25/2020, Register 234) (Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 1/29/82, Register 81; am 12/30/82, Register 84; am 3/3/94, Register 129; am 10/31/2001, Register 160

20 AAC 05.405 Interim-use permits before establishment of priority classifications

(a) Before the commission establishes the maximum number of entry permits for a fishery not subject to a moratorium on new entrants, the commission will issue and renew interim-use permits to persons who submit applications under 20 AAC 05.425 and who establish their present ability to participate actively as a gear operator in the fishery.

(b) After the commission establishes the maximum number of entry permits for a fishery and before the applicant is assigned to a priority classification under 20 AAC 05.540, an interim-use permit under this section will be issued only to an applicant who

(1) submits an application under 20 AAC 05.425; and

(2) harvested the fishery resource commercially as a holder of a valid gear license or interim-use permit before January 1 of the year in which the maximum number is established and during a year which the commission specifies for eligibility purposes under AS 16.43.260(a).

(c) An interim-use permit issued under this section cannot be renewed after the applicant is assigned to a priority classification under 20 AAC 05.540; the issuance of interim-use permits to these applicants is governed by 20 AAC 05.415.

History

Authority: AS 16.43.100; AS 16.43.210; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 9/21/2003, Register 167; repealed 6/25/2020, Register 234) (Eff. 6/18/86, Register 98; am 1/2/92, Register 121

20 AAC 05.410 Application and annual renewal of interim-use permit

Repealed 6/18/86.

History

Eff. 9/21/2003, Register 167; am 12/1/2004, Register 172; repealed 6/25/2020, Register 234

20 AAC 05.415 Issuance of interim-use permits to applicants assigned to a priority classification

(a) The commission will issue an interim-use permit to an applicant for an entry permit whose application is classified at a point level that could ultimately qualify the applicant for an entry permit.

(b) The commission will, in its discretion, issue an interim-use permit to an applicant who is contesting a priority classification by the commission that does not qualify the applicant for an entry permit under AS 16.43.270 only if the applicant claims sufficient points to qualify for the permit and the applicant presents an issue which, if resolved in the applicant's favor, would entitle the applicant to an entry permit.

History

Authority: AS 16.43.100; AS 16.43.210; AS 16.43.260 AS 16.43.110; AS 16.43.220; AS 16.43.270
Eff. 6/18/86, Register 98; am 12/31/98, Register 148

20 AAC 05.420 Temporary transfer

Repealed 12/27/79.

History

Eff. 9/21/2003, Register 167; repealed 6/25/2020, Register 234

20 AAC 05.425 Application and annual renewal of interim-use permit

(a) Application for the issuance or renewal of an interim-use permit must be made to the commission on a form provided by the commission. If the application is submitted by mail or electronic imaging, the application must be signed by the applicant or by an agent authorized in accordance with 20 AAC 05.1960. An applicant may submit an application to renew an interim-use permit on the online licensing system at the commission's website. The total annual fee for the permit or permits being applied for or renewed must be submitted with the application.

(b) Repealed 11/26/87.

(c) Fees submitted for an interim-use permit for a specific fishery will be refunded only in the event of a season-long administrative closure of the fishery. However, the commission may refund fees if the commission finds that a circumstance applicable to all permittees in that fishery has prevented a substantial number of permittees from participating. The commission may refund fees if the permittee erroneously applied for the wrong permit for the permittee's intended fishing activities during the season and did not try to participate in the fishery with the erroneous permit. A permittee may request a refund described in this subsection by submitting a written request to the commission that specifies the circumstances relevant to the request. The permit card or compelling evidence of the destruction of the permit card must accompany the request. The commission may require an applicant to submit additional affidavits or other evidence in support of a request for refund.

(d) Before the commission will issue an interim-use permit card in a given year, the annual renewal form submitted to the commission must show the ADF&G number of the vessel on which the card is to be used, and, except when excused for good cause or exempt by law, the vessel so designated must be licensed for that year.

(e) A person applying for or renewing an interim-use permit who needs to fish immediately, and has not yet renewed, applied for, or paid the current year fees for an interim-use permit, may instead apply using the Application for Immediate Fishing form provided by the commission. The application form may be used for fishing only if the form has been submitted to the commission through commission staff or an agent of the commission who has certified the form is complete by signing it. The signed application form may be used for fishing for no more than the 14 days immediately following the date that the form is signed by commission staff or an agent of the commission, unless extended by the commission. In addition to the total annual fee for the permits and vessel licenses being applied for, a processing fee of $80 must be submitted with the application. The commission may waive the processing fee for

(1) an applicant who qualifies for the reduced permit fee in accordance with 20 AAC 05.245; or

(2) good cause shown.

(f) For the purposes of receiving and certifying as complete an Application for Immediate Fishing form submitted under (e) of this section, an employee of the Department of Fish and Game or the division in the Department of Public Safety responsible for the enforcement of laws for the protection of fish and wildlife, is an agent of the commission.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.220
Eff. 5/6/2004, Register 170; repealed 11/13/2014, Register 212) (Eff. 12/18/74, Register 52; am 1/1/78, Register 64; am 10/30/82, Register 84; am 6/5/83, Register 86; am 2/29/84, Register 89; am 6/16/86, Register 98; am 11/22/87, Register 104; am 11/26/87, Register 104; am 11/10/2007, Register 184; am 11/23/2008, Register 188; am 6/1/2013, Register 206; am 11/4/2015, Register 216; am 3/26/2021, Register 237

20 AAC 05.430 Notification of loss or theft

The requirements and procedures of 20 AAC 05.570 govern the loss or theft of an interim-use permit card.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.220
Eff. 5/6/2004, Register 170; repealed 11/13/2014, Register 212) (Eff. 12/18/74, Register 52; am 6/5/83, Register 86

20 AAC 05.440 Extension

Repealed.

History

Eff. 1/2/81, Register 77; am 12/30/82, Register 84; repealed 10/7/95, Register 136) (Eff. 5/6/2004, Register 170; repealed 11/13/2014, Register 212

20 AAC 05.450 Issuance of interim-use permits

Repealed 6/18/86.

20 AAC 05.460 Interim-use permits after establishment of maximum numbers

Repealed 6/18/86.

Article 5 Issuance of Entry Permits

20 AAC 05.500 Form of application

(a) Application for the issuance of an entry permit must be made to the commission on a form provided by the commission. The application must be signed by the applicant, and accompanied by the fee required by 20 AAC 05.250.

(b) Repealed 1/30/87.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.260(b)
Eff. 12/18/74, Register 52; am 12/30/82, Register 84; am 12/29/84, Register 92; am 1/30/87, Register 101

20 AAC 05.510 Time of application

(a) The application period for entry permits for those fisheries designated in 20 AAC 05.300 or 20 AAC 05.310 will be from December 19, 1974, through 12:00 midnight March 18, 1975.

(b) The application period for entry permits for those fisheries designated in 20 AAC 05.310(a)(9) - (13) will be from March 10, 1976, until midnight June 10, 1976.

(c) The commission will consider only those entry permit applications that are postmarked or hand delivered to the commission on or before the closing date for application of that fishery.

(d) If an application contains errors, omissions, or insufficient supporting evidence, the commission will indicate this to the applicant and will give the applicant a reasonable amount of time to correct any defects or insufficiencies in his application.

(e) The commission may extend the time for receipt of an application for a period not to exceed 60 days for good cause shown.

(f) The application period for entry permits for those fisheries designated in 20 AAC 05.300 and 20 AAC 05.310(a)(1) - (8) for those individuals who harvested salmon commercially in one of these fisheries as a gear license holder, for the first time in 1973 or 1974, will be from January 15, 1977, through midnight September 30, 1977. The commission will, in its discretion, extend the time for receipt of an application for a period not to exceed 30 days, for good cause shown.

(g) The application period for entry permits for the Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries will be from February 25, 1977, through April 25, 1977.

(h) The application period for entry permits for the Southeastern herring gillnet fishery is from March 15, 1978 until midnight June 15, 1978.

(i) The application period for entry permits for the Prince William Sound roe herring gillnet fishery is from February 15, 1981 through midnight August 15, 1981. Late applications will only be accepted upon a showing of good cause until October 15, 1981.

(j) The application period for entry permits for the statewide salmon hand troll fishery is from March 1, 1981 until midnight August 31, 1981. Late applications will be accepted upon a showing of good cause until October 30, 1981.

(k) The application period for entry permits for the Kodiak roe herring purse seine and gillnet fisheries is from October 15, 1982 until midnight April 30, 1983. Late applications will be accepted upon a showing of good cause until June 30, 1983.

(l) In accordance with the Alaska Supreme Court decision in Rutter v. State of Alaska, 668 P.2d 1343 (Alaska 1983), a supplemental application period for additional points toward entry permits in the statewide salmon hand troll fishery under 20 AAC 05.677(c)(3) is established from January 1, 1985 until midnight, May 31, 1985. During this period, applicants who choose to claim additional points under 20 AAC 05.677(c)(3) may reopen claims for points available under the original point system specified in 20 AAC 05.677(a) - (c)(2). Late applications will be accepted, upon a showing of good cause, until July 31, 1985. Supplemental applications will be accepted only from those who were eligible to apply and submitted timely applications during the original salmon hand troll permit application period under (j) of this section.

(m) The application period for entry permits for the Southeastern Alaska red and blue king crab pot fishery, brown king crab pot fishery, and Tanner crab pot fishery is from January 30, 1987 to midnight April 30, 1987. A late application will be accepted upon a showing of good cause until June 30, 1987.

(n) The application period for entry permits for the Northern Southeast Inside sablefish longline fishery, Southern Southeast Inside sablefish longline fishery, and Southern Southeast Inside sablefish pot fishery is from September 1, 1987 to midnight November 30, 1987. Upon a showing of good cause, a late application will be accepted until December 31, 1987.

(o) The application period for entry permits for the Prince William Sound herring spawn on kelp pound fishery is from November 1, 1987 to midnight November 30, 1987. Upon a showing of good cause a late application will be accepted until December 31, 1987.

(p) The application period for entry permits for the Norton Sound herring gillnet fishery, Norton Sound herring beach seine fishery, Cape Romanzof herring gillnet fishery, Nelson Island herring gillnet fishery, and Nunivak Island herring gillnet fishery is from November 1, 1989 to midnight, November 1, 1990.

(q) The application period for entry permits for the Bristol Bay (Togiak) herring spawn on kelp fishery is from March 15, 1991 to midnight, December 1, 1991.

(r) The application period for entry permits for the Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries is from September 3, 1996 to midnight, December 16, 1996.

(s) The application period for entry permits for the Cook Inlet Dungeness crab pot and ring net fisheries is from September 16, 1996 to midnight, December 30, 1996.

(t) The application period for entry permits for the Southeastern Alaska shrimp pot fishery is from March 15, 1997 to midnight, June 15, 1997.

(u) The application period for entry permits for the Prince William Sound sablefish fixed gear, pot gear and net gear fisheries is from September 1, 1997 to midnight, December 1, 1997.

(v) The application period for entry permits for the Northern Southeast herring spawn-on-kelp pound fishery and for the Southern Southeast herring spawn-on-kelp pound fishery is from October 1, 1997 to midnight, February 1, 1998.

(w) The application period for entry permits for the Southeastern Alaska shrimp beam trawl fishery and Southeastern Alaska shrimp otter trawl fishery is from October 15, 1998 to midnight March 1, 1999.

(x) The application period for entry permits for the Goodnews Bay herring gillnet fishery is from January 15, 1999 through November 15, 1999.

(y) The application period for entry permits for the Southeast Alaska sea urchin dive fishery is from August 21, 2000 through November 15, 2000.

(z) The application period for entry permits for the Southeastern Alaska geoduck clam dive fishery and the Southeastern Alaska sea cucumber dive fishery is from February 21, 2001 through May 30, 2001.

(aa) The application period for entry permits for the Kodiak food and bait herring fisheries is from April 15, 2002 through June 14, 2002.

(bb) The application period for entry permits for the Kodiak bairdi Tanner crab pot fishery is from March 1, 2004 through September 1, 2004.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 12/18/74, Register 52; am 4/9/76, Register 58; am 10/28/76, Register 60; am 2/25/77, Register 61; am 6/14/77, Register 63; am 4/30/78, Register 66; am 2/15/80, Register 77; am 3/6/81, Register 77; am 10/30/82, Register 84; am 12/29/84, Register 92; am 1/30/87, Register 101; am 8/30/87, Register 103; am 11/1/87, Register 104; am 11/4/89, Register 112; am 10/21/90, Register 116; am 3/8/91, Register 117; am 8/9/96, Register 139; am 12/4/96, Register 140; am 7/26/97, Register 143; am 9/11/97, Register 143; am 7/17/98, Register 147; am 12/31/98, Register 148; am 1/1/2000, Register 152; am 8/9/2000, Register 155; am 1/28/2001, Register 157; am 3/31/2002, Register 161; am 2/11/2004, Register 169

20 AAC 05.515 Final application deadline

After the close of the application periods established in 20 AAC 05.510, the commission will not accept an application for a permanent entry permit for any fishery if the application is received by the commission after the maximum number of permits have been issued for the particular fishery applied for or after permits for the particular fishery applied for have begun to be issued under 20 AAC 05.550(c).

History

Authority: AS 16.43.100(a)AS 16.43.110; AS 16.43.260
Eff. 1/2/81, Register 77; am 2/29/84, Register 89

20 AAC 05.520 Evidence of qualification

(a) Every applicant shall have the burden of establishing his qualifications for an entry permit. Specific evidence will be requested on the application form for that purpose. The commission may at any time require an applicant to submit additional evidence in affidavit or other form relating to his qualifications.

(b) To the extent practicable, the commission will provide each applicant with a summary compiled from state records and other reliable sources which will indicate, for those years from 1969 to the qualification date, those years that the applicant participated in each fishery as a gear license holder, the consistency of participation each year, the annual catch value of the fishery resource, and vessel ownership, if any. If the applicant verifies the information on this summary as correct, the commission will, subject to the provision of 20 AAC 05.805(d), accept the information on this summary as sufficient evidence of the facts stated. An applicant may contest the accuracy of any information included in this summary and may supplement this information by establishing additional facts regarding his qualifications with other evidence.

(c) An applicant may be required to submit copies of, or authorize access to, his state and federal income tax returns for the appropriate years, or evidence establishing that he was not required to file, or his Fisherman's Annual Information Report, as a primary source of evidence in support of his application. Tax returns and related information submitted by an applicant are confidential and will not be disclosed in any manner without the express consent of the applicant. When a copy of a tax return is no longer needed by the commission for the purposes for which it was requested, the copy will be destroyed.

(d) Evidence offered by the applicant for an entry permit will be accepted by the commission within the following time limits:

(1) Evidence in support of those applications which were to be submitted to the commission within the time limitations of 20 AAC 05.510(a) will be considered by the commission if received on or before July 1, 1978, unless the applicant is notified otherwise.

(2) Evidence in support of those applications which were to be submitted to the commission within the time limitations of 20 AAC 05.510(b) will be considered by the commission if received on or before September 1, 1978, unless the applicant is notified otherwise.

(3) Evidence in support of those applications which were to be submitted to the commission within the time limitations of 20 AAC 05.510(f) will be considered by the commission if received on or before September 1, 1978, unless the applicant is notified otherwise.

(4) Evidence in support of those applications which were to be submitted to the commission within the time limitations of 20 AAC 05.510(g) will be considered by the commission if received on or before May 1, 1978, unless the applicant is notified otherwise.

(5) Evidence in support of those applications which were to be submitted to the commission within the time limitations of 20 AAC 05.510(h) will be considered by the commission if received on or before December 31, 1978, unless the applicant is otherwise notified.

(e) Repealed 12/29/84.

History

Authority: AS 16.43.100(a)AS 16.43.110(a)AS 16.43.260(c)
Eff. 12/18/74, Register 52; am 1/21/78, Register 65; am 4/30/78, Register 66; am 12/29/84, Register 92

20 AAC 05.525 Partnership claims

Pursuant to the decisions by the Alaska Supreme Court in State v. Templeton, 598 P.2d 77 (Alaska 1979), CFEC v. Byayuk, 684 P.2d 114 (Alaska 1984), and Cashen v. State, 686 P.2d 1219 (Alaska 1984), the commission will allow point claims to be made under 20 AAC 05.630(b)(2) and will accept evidence in support of special showings of 1971 and 1972 income dependence for partners of license holders who were situated similarly to Templeton, Byayuk, and Cashen. The deadline for making a claim and submitting evidence under this section is December 31, 1985. A claim may be made and evidence will be accepted only from:

(1) an applicant who submitted a timely application but was denied an entry permit due to insufficient points; or

(2) a person who

(A) filed an application for an entry permit during the application period established by 20 AAC 05.510(a) even though ineligible to do so; and

(B) was eligible to apply for an entry permit during the application period established by 20 AAC 05.510(f), but did not apply because, except for the award of points for a special showing of income dependence under this section, the person would not have qualified for sufficient points to receive an entry permit.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 12/29/84, Register 92

20 AAC 05.526 Additional claims for availability of alternative occupations points

In accordance with the Alaska Supreme Court's decision in Deubelbeiss v. CFEC, 689 P.2d 487 (Alaska 1984), the commission will allow denied and pending applicants to claim points, additional to those that could have been claimed on their original application, for the availability of alternative occupations under 20 AAC 05.630(b)(4), 20 AAC 05.656(b)(4), 20 AAC 05.664(b)(2), 20 AAC 05.668(b)(2), 20 AAC 05.673(a)(3), 20 AAC 05.677(c)(2), 20 AAC 05.681(c)(5), and 20 AAC 05.682(c)(5). Claims may be made only under those sections, and must be received at the commission by March 31, 1986. Claims will be accepted only from eligible applicants who submitted timely applications for entry permits in the fisheries for which they are claiming additional points under those sections. The provisions of the regulations listed in this section govern all applications pending before the commission on, and after, the effective date of this section.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 1/10/86, Register 97

20 AAC 05.530 Application by decedent's estate

(a) If an individual eligible to apply for an entry permit for any fishery designated in 20 AAC 05.300 or 20 AAC 05.310(1) - (8) dies on or after January 1, 1973, the authorized representative of the decedent's estate may apply for an entry permit for that fishery in the name of the decedent within the application period set out in 20 AAC 05.510. An entry permit acquired under this subsection becomes part of the decedent's estate and may be transferred in accordance with the provisions of 20 AAC 05.1750.

(b) If an individual eligible to apply for an entry permit for any fishery designated in 20 AAC 05.310(a)(9) - (13) dies on or after January 1, 1976, the authorized representative of the decedent's estate may apply for an entry permit for that fishery in the name of the decedent within the application period set out in 20 AAC 05.510. An entry permit acquired under this subsection becomes part of the decedent's estate and may be transferred in accordance with the provisions of 20 AAC 05.1750.

(c) If an individual eligible to apply for an entry permit for the Southeastern and Prince William Sound roe herring and herring purse seine fisheries dies after January 1, 1977, the authorized representative of the decedent's estate may apply for an entry permit for that fishery in the name of the decedent within the application period set out in 20 AAC 05.510(g). An entry permit acquired under this subsection becomes part of the decedent's estate and may be transferred in accordance with the provisions of 20 AAC 05.1750.

(d) For fisheries not specified in (a) - (c) of this section, if an individual eligible to apply for an entry permit dies on or after the qualification date established in AS 16.43.260(e), the authorized representative of the decedent's estate may apply for an entry permit for that fishery in the name of the decedent within the application period set out in 20 AAC 05.510. An entry permit acquired under this subsection becomes part of the decedent's estate and may be transferred in accordance with the provisions of 20 AAC 05.1750.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 12/18/74, Register 52; am 5/20/76, Register 58; am 2/25/77, Register 61; am 3/30/77, Register 61; am 4/30/78, Register 66; am 5/7/80, Register 74; am 1/2/81, Register 77; am 2/15/81, Register 77; am 12/31/2010, Register 196

20 AAC 05.535 Applications for fish wheel entry permits

Applications will be accepted from fishermen who operated fish wheels commercially between 1960 and 1975 with registration numbers issued to them by the Department of Fish and Game.

History

Authority: AS 16.43.100(b)AS 16.43.110(a)AS 16.43.260
Eff. 4/9/76, Register 58

20 AAC 05.540 Priority classification of applicants

(a) The commission will assign each applicant to a priority classification according to the classification system established for that fishery.

(b) If the applicant is assigned to a priority classification designated as involving significant economic hardship as provided in AS 16.43.250(b), the commission will either issue the entry permit or send a notice to the applicant indicating that he will receive an entry permit.

(c) If the applicant is assigned to a priority classification not designated in AS 16.43.250(b), the commission will send a notice of classification to the applicant setting forth the commission's findings of fact with respect to the applicant and the date on or before which a request for a hearing must be received if the applicant disagrees with the commission's determination of his priority classification.

History

Authority: AS 16.43.100(b)AS 16.43.260(d) AS 16.43.110(a)AS 16.43.270(a)
Eff. 12/18/74, Register 52; am 12/30/82, Register 84

20 AAC 05.550 Issuance of entry permits

(a) The commission will issue entry permits to all applicants assigned to the priority classifications designated in AS 16.43.250(b) as involving significant economic hardship.

(b) If the number of permits issued under (a) of this section equals or exceeds the maximum number of entry permits established for the fishery, the commission will notify all applicants finally classified at point levels below the significant economic hardship level that their applications are denied.

(c) If the number of permits issued under (a) of this section is less than the maximum number of permits established for the fishery, the commission will issue the remaining permits to applicants in the order of descending priority classifications up to the maximum number, less the number of permits required to be reserved to protect the rights of applicants who are exhausting administrative or judicial remedies. The commission will issue denial notices to all applicants at point classifications that do not have a mathematical possibility of receiving a permit.

(d) If, within the lowest priority classification of qualified applicants to whom some entry permits may be issued, the total number of applicants in that priority classification does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater, all qualified applicants within that priority classification will be issued entry permits. Otherwise, the allocation of entry permits within that priority classification will be by lottery.

(e) A lottery for the allocation of entry permits within a priority classification shall be conducted at a public meeting of the commission. Applicants in the priority classification subject to the lottery shall be given at least 30 days notice of the date and time of the public meeting where the lottery will occur. Notice shall be served by regular mail to the most recent address the applicant has provided to the commission. To conduct the lottery, the commission will enter the names of each applicant within the priority classification subject to the lottery into a pool. The commission will draw enough names of applicants from the pool to reach the maximum number of entry permits for that fishery and issue permits to the applicants whose names are drawn.

History

Authority: AS 16.43.100(a)AS 16.43.110(a) and (b)AS 16.43.270
Eff. 12/18/74, Register 52; am 4/9/76, Register 58; am 1/2/81, Register 77; am 1/29/82, Register 81; am 12/30/82, Register 84; am 10/28/84, Register 92; am 12/1/2004, Register 172

20 AAC 05.560 Annual renewal of entry permit

(a) Application for annual renewal of an entry permit must be made to the commission on a form provided by the commission. If the renewal form is submitted by mail or electronic imaging, the renewal form must be completed and signed by the permit holder, or by an agent authorized in accordance with 20 AAC 05.1960. An applicant may submit an application to renew an entry permit on the online licensing system at the commission's website. The total annual fee for the permit or permits being renewed must be submitted with the application.

(b) An entry permit is forfeited and reverts to the commission if it has not been renewed by December 31 of the second consecutive calendar year after its issuance or last renewal, except as waived by the commission upon demonstration of good cause.

(d) The commission may waive the annual renewal fee of a limited entry permit if the commission finds that a circumstance applicable to all permittees in a fishery has prevented a substantial number of permittees from participating in that fishery, including the person requesting the fee waiver. A permittee may request a refund of fees paid for that season by submitting a written request to the commission that specifies the circumstances that prevented the person and a substantial number of other permittees from participating in that fishery. The permit card or compelling evidence of the destruction of the permit card must accompany the request. The commission may require a permittee to submit affidavits or other evidence in support of a request for a refund.

(e) Before the commission will issue an entry permit card in a given year, the annual renewal form submitted to the commission must show the ADF&G number of the vessel on which the card is to be used, and, except when excused for good cause or exempt by law, the vessel so designated must be licensed for that year.

(f) A person applying for the annual renewal of an entry permit who needs to fish immediately, and has not yet renewed, applied for renewal, or paid the current year fees for an entry permit, may instead apply using the Application for Immediate Fishing form provided by the commission. The application form may be used for fishing only if the form has been submitted to the commission through commission staff or an agent of the commission who has certified the form is complete by signing it. The signed application form may be used for fishing for no more than the 14 days immediately following the date that the form is signed by commission staff or an agent of the commission, unless extended by the commission. In addition to the total annual fee for the permits and vessel licenses being applied for, a processing fee of $80 must be submitted with the application. The commission may waive the processing fee for

(1) an applicant who qualifies for the reduced permit fee in accordance with 20 AAC 05.245; or

(2) good cause shown.

(g) For the purposes of receiving and certifying as complete an Application for Immediate Fishing form submitted under (f) of this section, an employee of the Department of Fish and Game or the division in the Department of Public Safety responsible for the enforcement of laws for the protection of fish and wildlife, is an agent of the commission.

History

Authority: AS 16.43.110; AS 16.43.150
Eff. 12/18/74, Register 52; am 1/1/78, Register 64; am 1/2/81, Register 77; am 6/5/83, Register 86; am 2/29/84, Register 89; am 11/22/87, Register 104; am 11/26/87, Register 104; am 12/31/98, Register 148; am 11/10/2007, Register 184; am 11/23/2008, Register 188; am 6/1/2013, Register 206; am 3/26/2021, Register 237

20 AAC 05.565 Reinstatement of entry permit forfeited under AS 16.43.150(d)

(a) An entry permit forfeited under AS 16.43.150(d) may be reinstated by the commission only upon a showing of good cause, payment of any unpaid renewal fees not waived by the commission, and a finding that reinstatement would be consistent with the purposes of AS 16.43.290.

(b) Good cause under this section includes

(1) administrative closure for the entire season of the specific fishery for which nonpayment of permit fees led to forfeiture of the permit;

(2) temporary illness or disability;

(3) death of the permit holder;

(4) the loss of a vessel or equipment through sinking, destruction, or extensive mechanical breakdown; and

(5) other objectively verifiable causes of inability to pay permit renewal fees that the commission determines to be good cause.

(c) Good cause does not include the effects of economic, biological, or regulatory variables that are normally part of the risk of doing business as a fisherman. Those effects include

(1) an economic choice;

(2) retirement from the fishery;

(3) permanent illness or disability;

(4) lack of a market for the sale of the fishery resource or for the sale of the permit; and

(5) the fishery being subject to the proposal or administration of a buy-back program, retirement of nontransferable permits, employment of more than one permit in the operation of gear, or other fleet reduction measures.

History

Authority: AS 16.43.100; AS 16.43.140 AS 16.43.110; AS 16.43.150
Eff. 6/1/2013, Register 206

20 AAC 05.570 Notification of damage, loss, or theft

(a) The holder of a permit, a vessel permit, or a vessel license shall promptly notify the commission of the damage, loss, or theft of a permit card, certificate, vessel permit, or vessel license. The holder of a permit or vessel license may request a duplicate by submitting to the commission a Request for Duplicate form provided by the commission, along with the appropriate fee under 20 AAC 05.1910 for replacement of the designated item. On the affidavit portion of the form, the applicant shall set out, under penalty of perjury, the facts describing when, where, and how the damage, loss, or theft occurred. Submission of a Request for Duplicate form to the commission causes the original permit card, certificate, vessel permit, or vessel license to be invalidated for the remainder of the calendar year.

(b) A carbon copy of the Request for Duplicate form may be used for fishing only if the form has been submitted to the commission through a commission agent who has certified the form as complete by signing and validating it. The carbon copy may be used for fishing for no more than 14 days unless extended by the commission. The agent will not certify the form as complete unless the form is accompanied by the appropriate fee under 20 AAC 05.1910 for replacement of each designated item and an envelope, addressed to the commission, with adequate postage.

(c) An otherwise properly completed Request for Duplicate form that is not signed and dated by a commission agent as described in (b) of this section must be submitted to the commission and must be accompanied by the appropriate fee under 20 AAC 05.1910 for replacement of each designated item. A copy of the form cannot be retained for fishing.

(d) For the purposes of receiving and certifying as complete a Request for Duplicate form, an employee of the Department of Fish and Game or of the Department of Public Safety, division of fish and wildlife protection, is an agent of the commission.

(e) Repealed 12/31/88.

(f) During the period June 1 - July 31 each year, the following procedures supersede (b) of this section for the Bristol Bay administrative area, and govern requests for duplicate salmon entry or interim-use permit cards:

(1) A request for a duplicate Bristol Bay salmon permit card cannot be signed and certified as complete by a commission agent unless the agent has obtained approval from a commission employee either telephonically or in person.

(2) If issuance of the duplicate card is approved, the permit holder will be issued a duplicate permit card or a signed Request for Duplicate form validated for a time certain, not to exceed 14 days.

(3) If the request for a duplicate card is denied, the permit holder will be given a signed copy of the form indicating the reason and date of the denial and will be advised of his or her right to request a hearing as provided by 20 AAC 05.1800 - 20 AAC 05.1870. The copy of the form may not be used for fishing.

History

Authority: AS 16.43.100; AS 16.43.110
Eff. 12/18/74, Register 52; am 5/15/81, Register 77; am 6/5/83, Register 86; am 10/28/84, Register 92; am 6/18/86, Register 98; am 11/22/87, Register 104; am 8/20/89, Register 111; am 7/16/94, Register 131; am 1/21/98, Register 145; am 12/21/2002, Register 164

20 AAC 05.571 Application for special harvest area entry permits

(a) Application for special harvest area entry permits must be made upon forms provided by the commission and must be accompanied by a written statement from the Department of Fish and Game acknowledging that the applicant is the holder of a private, nonprofit hatchery permit issued under AS 16.10.400 - 16.10.475, and specifying the special harvest area for which the permit is to be issued.

(b) Permits issued under AS 16.43.400 - 16.43.430 expire on midnight, December 31, of the year of issuance.

History

Authority: AS 16.43.100; AS 16.43.440 AS 16.43.351; AS 16.43.960
Eff. 3/27/80, Register 73

20 AAC 05.572 Special harvest area gear operators

(a) Only persons designated as agents by holders of special harvest area entry permits may operate gear under the permit. Designation must be made on forms provided by the commission.

(b) Each special harvest area gear operator must have in his possession a copy of the completed designation of agent form and a valid special harvest area entry permit card while operating gear or in possession of fish as required by 20 AAC 05.100 - 20 AAC 05.110.

History

Authority: AS 16.43.100; AS 16.43.400; AS 16.43.440
Eff. 3/27/80, Register 73

20 AAC 05.574 General provisions relating to educational entry permits

(a) An applicant for an educational entry permit may apply for a permit only in a fishery that occurs in an administrative area, as described in 20 AAC 05.230, that borders upon the public school district in which the applicant is located.

(b) An applicant may apply for only one permit in a fishery.

(1) it determines that the issuance would interfere with the conservation and sustained yield management of the fishery resource and the economic health and stability of the fishery;

(2) the issuance would cause the total number of permits issued in that fishery to increase by more than one half of one percent; or

(3) the commission has already issued five educational entry permits in that fishery.

(d) The commission will not issue an educational entry permit in the following fisheries:

Yakutat set gillnet fisheryPrince William Sound set gillnet fisheryCook Inlet purse seine fisheryKodiak beach seine fisheryKodiak set gillnet fisheryChignik purse seine fisheryAlaska Peninsula Aleutian Islandspurse seine fisherydrift gillnet fisheryset gillnet fisheryUpper Yukongillnet fisheryfish wheel fisheryNorton Sound gillnet fisheryRoe HerringSoutheastern Alaska purse seine fisheryPrince William Soundpurse seine fisherygillnet fisheryKodiakpurse seine fisherygillnet fisheryCombined roe herring and herringCook Inlet purse seine fisherySoutheastern Alaska gillnet fisheryNelson Island gillnet fisheryLower Yukon (Cape Romanzof) gillnet fisheryNorton Sound beach seine fisheryNunivak Island gillnet fisheryCrabSoutheastern Alaskared and blue king crab pot fisherybrown king crab pot fisheryTanner crab pot fisherySablefishNorthern Southeast Insidesablefish longline fisherySouthern Southeast Insidesablefish longline fisherysablefish pot fisheryHerring Spawn on Kelp Pound

Prince William Sound herring spawn on kelp pound fishery

(e) If more than one application is received for a single available educational entry permit, the commission will select the successful applicant based upon the quality of the proposed program as described in the application submitted. In making the selection, the commission will consider at least the following factors:

(1) the cost of the program relative to the number of students who will benefit from it;

(2) the extent to which classroom instruction supports fishery experience;

(3) the burden, as indicated by program design, that the program will have on the fishery resource; and

(4) the applicant's and benefiting students' physical, cultural, geographic, and economic ties to the fishery.

History

Authority: AS 16.43.340; AS 16.43.351; AS 16.43.381(b)
Eff. 3/8/91, Register 117

20 AAC 05.575 Application for educational entry permits

(a) For calendar years beginning after December 31, 1991, application for an educational entry permit must be made before February 1 upon forms required by the commission, and must be accompanied by a written statement from the appropriate government agency acknowledging that the applicant is accredited, approved, or licensed as required by AS 16.43.340.

(b) Along with the application, the applicant must provide to the commission an educational plan and anticipated budget of the activities for which permit application is made. In addition,

(1) the applicant must submit the educational plan and the anticipated budget, along with a cover letter introducing the educational plan and anticipated budget, to the fish and game advisory committee for the area in which the fishery is located, for review and comment; the applicant must submit a copy of the cover letter to the commission with the application; to assure consideration of its comments, the advisory committee must submit them to the commission within 60 days after its receipt of the plan and budget; and

(2) the applicant must submit the educational plan, along with a cover letter introducing the plan, to the local Department of Fish and Game management biologist and to the local Department of Public Safety, division of fish and wildlife protection officer, for review and comment; the applicant must submit a copy of the cover letters to the commission with the application.

(c) Before February 1 of the year following permit issuance, or before subsequent permit issuance, whichever occurs first, the permit holder shall provide to the commission copies of all fish tickets for fish harvested under the permit and shall also provide to the commission the following information:

(1) actual operating expenditures under the permit;

(2) total earnings from fishing activities under the permit; and

(3) the identification of and the amount earned by each individual who received money from the permit activity.

(d) An applicant shall submit to the commission copies of all contracts for services required primarily for the purpose of the program. If a contract is not final, the applicant shall submit a draft of the contract that indicates the substance of the agreement, including the services to be rendered and the cost of those services, and shall submit a copy of the final contract at the time it is finalized.

(e) Failure to submit required information to the commission will, in the commission's discretion, result in permit issuance being withheld, denied, revoked or suspended.

History

Authority: AS 16.43.340; AS 16.43.361; AS 16.43.381(b) AS 16.43.351; AS 16.43.371
Eff. 12/27/79, Register 72; am 3/26/88, Register 105; am 3/8/91, Register 117

20 AAC 05.577 Educational entry permit gear operators

(a) Only persons designated by the holder of an educational entry permit may operate gear. Designation must be made on a form provided by the commission.

(b) Each educational entry permit gear operator shall have in his possession a copy of his completed designated agent form and a valid Educational Entry Permit Card while operating gear or while in possession of fish or shellfish as required by 20 AAC 05.100 and 20 AAC 05.110.

History

Authority: AS 16.43.351; AS 16.43.381(b)
Eff. 12/27/79, Register 72

20 AAC 05.579 Income from educational entry permits payable to general fund

(a) As provided in AS 16.43.361, proceeds of the sale of fish taken under the rights conferred by an educational entry permit are payable to the general fund through the commission to the extent the proceeds exceed reasonable operating costs of the training program.

(b) Payment must be made on or before June 1 of the calendar year following the year of operation, unless a later date is approved by the commission.

(c) For purposes of this section, "reasonable operating costs of the training program" means actual operating expenditures of the training program incurred in the school term preceding operation and the school term following operation, including a stipend for student expenses, but excludes payments toward capital having a useful life of more than five years.

(d) Any wages paid under the training program may not be based upon a share or percentage of the value of fish taken.

(e) The permit holder shall retain a copy of all receipts of actual operating expenditures under the permit. These receipts are subject to inspection by the commission upon its request.

History

Authority: AS 16.43.361; AS 16.43.381(b)
Eff. 12/27/79, Register 72; am 3/26/88, Register 105; am 5/20/90, Register 114; am 3/18/91, Register 117

Article 6 Priority Classification Point System

20 AAC 05.600 Priority classification system

(a) For each fishery for which a maximum number of entry permits has been established under 20 AAC 05.320, the commission will adopt regulations defining priority classifications in terms of a point system for ranking applicants for entry permits. These priority classifications will be based upon a reasonable balance of the hardship standards of degree of economic dependence upon the fishery and extent of past participation in the fishery. The commission will use the following classification system and the guidelines set out in 20 AAC 05.610 and 20 AAC 05.620, except for those fisheries where special circumstances are found to require modification of the classification system considering the number of applicants, the variance in their qualifications, the history of the fishery, and the purposes of AS 16.43.

(b) A point scale from 0 - 40 will be established, with 20 points assigned for each of the two hardship standards: (1) economic dependence and (2) past participation.

(c) The commission will assign an applicant to one of the 41 priority classifications designated by the numbers 0 through 40, based on the total points to which his qualifications as of the qualification date entitled him under 20 AAC 05.630. The higher the total number of points, the greater the degree of hardship the applicant would suffer by exclusion from the fishery.

(d) The commission will designate

(1) an upper range of priority classifications of those applicants who would suffer significant economic hardship by exclusion from the fishery, and therefore will receive entry permits as required by AS 16.43.270(a); and

(2) a lower range of priority classifications of those applicants who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) may therefore have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

(e) The designations made in (d) of this section may leave a middle range of priority classifications that are not subject to either the significant or minor economic hardship provisions of AS 16.43.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 12/18/74, Register 52; am 2/25/77, Register 61; am 12/31/2010, Register 196

20 AAC 05.610 Past participation

The standard of past participation in the fishery includes the number of years participation in the fishery and the consistency of participation. The commission will determine an applicant's extent of past participation as of the qualification date established under AS 16.43.260(d) or (e), and will apply the above two factors as follows:

(1) the commission will rank an applicant based on the number of years participation by considering the number of years the applicant has harvested the fishery resource commercially while participating as a gear license holder and his number of years participation as a crewman, with greater weight being given to participation in recent years as a gear license holder;

(2) the commission will rank an applicant based on consistency of participation by considering the number of weeks of the season in which the applicant harvested the fishery resource commercially while participating as a gear license holder. This factor will be given less weight than the number of years of participation.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 12/18/74, Register 52

20 AAC 05.620 Economic dependence

The standard of economic dependence upon the fishery includes a consideration of percentage of income derived from the fishery, reliance on alternative occupations, availability of alternative occupations, and investment in vessels, gear and setnet sites. The commission will determine an applicant's economic dependence as of the qualification date established under AS 16.43.260(d) or (e) and will therefore give primary weight to evidence from the years immediately preceding the qualification date and will consider the above four factors as follows:

(1) the commission will rank an applicant based on the two factors of percentage of income derived from the fishery and reliance on alternative occupations by considering the relation between "annual catch value" and "nonfishing occupational income," as ex-pressed as an "income dependence percentage" as these terms are defined in 20 AAC 05.660. Points for income dependence will be awarded only to applicants who harvested the fishery resource commercially while participating as a gear license holder during a year in which income dependence is claimed. A higher income dependence percentage indicates a higher degree of economic dependence upon the fishery;

(2) the commission will rank an applicant based on the factor of investment in vessels, gear and setnet sites if the applicant, on the qualification date, was the owner of a vessel, gear or setnet site used or to be used in the fishery for which he is applying; or, if the applicant at any time between his last landing in the fishery and the qualification date was the owner of a vessel, gear or setnet site used in the fishery, so long as the applicant had fished consistently in the year prior to the qualification date. In the case of a setnet site the commission will consider the owner to be the person or persons who could rightfully exercise the power to sell or transfer the setnet site according to the accepted customs and usages of the area. In cases where a vessel, gear or setnet site was owned jointly or in a corporate capacity, an applicant's points will be determined by multiplying his percentage of ownership interest times the total number of points possible. Fractional points will round off to the nearest whole number, with .5 rounding off to the lower whole number;

(3) the commission will rank an applicant based on the factor of availability of alternative occupations according to his place of domicile.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 12/18/74, Register 52

20 AAC 05.630 Point system for designated fisheries

(a) Past Participation. Up to a maximum of 20 points will be awarded an applicant for past participation in the fishery applied for based on the following schedule:

(1)

Consistency of Participation as a Gear License Holder (required minimum number of weeks Year Fished as a fished is shown in (c)(1) Gear License Holder of this section) Year Points Points 197232197132197021196921

(2) 1 point for each additional year of actual participation as a gear license holder in the fishery applied for from 1965 through 1968;

(3) 1 point for each additional year of actual participation as a gear license holder in the fishery applied for from 1960 through 1964, provided the applicant participated as a gear license holder in the fishery applied for during at least one year from 1965 through 1972;

(4) 1 point for each year of actual participation as a crewman from 1965 through 1972 in the fishery applied for; points for crewman participation and points for participation as a gear license holder may not be claimed in the same year;

(5) if unavoidable circumstances exist such that an applicant's past participation in the fishery is not realistically reflected by points awarded for past participation for the years 1960 - 1972, the commission may award an applicant up to a maximum of 16 points upon a special showing of past participation during the years 1960 - 1972;

(6) to receive credit for past participation as a gear license holder, an applicant must have harvested the resource commercially while participating as a gear license holder in a given year.

(b) Economic Dependence. Up to a maximum of 20 points will be awarded an applicant for economic dependence on a fishery based on awarded an applicant for economic dependence on a fishery based on the following schedule:

(1) income dependence percentage based on harvesting the fishery resource while participating as a gear license holder in the fishery applied for as shown for each fishery in (c)(2) of this section. (Maximum of 10 points possible.)

Year Minimum Percentage Points 1971Percentage A from schedule in (c)(2) of this section41971Percentage B from schedule in (c)(2) of this section. (In the Prince William Sound purse seine and setnet fishery, percentages A and B use the year 1970. 21972Percentage C from schedule in (c)(2) of this section61972Percentage D from schedule in (c)(2) of this section. (In the Prince William Sound purse seine fishery, percentages C and D use the year 1971. 3

(2) if special circumstances exist such that an applicant's income dependence is not realistically reflected by his income dependence percentage for the years 1971 and 1972, the commission may award an applicant up to a maximum of 10 points based on a special showing of income dependence;

(3) investment as of the qualification date in vessel, gear or setnet site used or to be used in the fishery for which application is being made. Applicants for the Southeastern drift gillnet fishery who participated in the Southeastern set gillnet fishery may claim points for the ownership of a set gillnet site, set gillnet gear, drift gillnet gear or drift gillnet vessel as of the qualification date. (Maximum of six points possible.)

(A)owns vessel (does not include setnet skiffs) . . . . . 6 points(B)owns setnet site . . . . . 6 points(C)owns gear . . . . . 3 points(Gear must include the net in salmon net fisheries. In the troll fisheries, gear includes the lines, leaders and lures);

(4) availability of alternative occupations in the location of the applicant's domicile on the qualification date. (Maximum of four points possible.)

(A) An applicant is entitled to 4 points if his or her domicile was located

(i) more than 30 road miles from the boundary of a "place" with a population of at least 5,000 and less than 20,000 as of April 1, 1970, and

(ii) more than 40 road miles from the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and

(iii) more than 40 road miles from an "urbanized area" as of April 1, 1970.

(B) An applicant is entitled to 2 points if his or her domicile was located

(i) within 30 road miles of the boundary of a "place" with a population of at least 5,000 and less than 20,000 as of April 1, 1970, and

(ii) more than 40 road miles from the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and

(iii) more than 40 road miles from an "urbanized area" as of April 1, 1970.

(C) An applicant is entitled to 0 points if his or her domicile was located within 40 road miles of the boundary of a "place" with a population of 20,000 or more or within 40 road miles of an "urbanized area" as of April 1, 1970.

(D) An applicant from a 0 or 2-point area may receive up to the maximum of four points through a special showing that there was no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) or (C) of this paragraph, as applicable.

(E) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

(F) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

(c) The commission will use the following schedules in determining an applicant's points for consistent participation and income dependence:

(1) consistent participation

Minimum Number of Weeks Fished Salmon Fisheries To Show Consistent Participation 1969 1970 1971 1972 Southeastern Alaska (A) purse seine fishery4768 drift gillnet fishery7767Yakutat (D) set gillnet fishery6777Prince William Sound (E) purse seine fishery335- drift gillnet fishery4444 setnet fishery44-4Cook Inlet (H) purse seine fishery2222 drift gillnet fishery3323 set gillnet fishery3323Kodiak (K) purse seine fishery4444 beach seine fishery2222 set gillnet fishery3332Chignik (L) purse seine fishery4444Alaska Peninsula-Aleutian Is. (M) purse seine fishery3333 drift gillnet fishery3333 set gillnet fishery3333Bristol Bay (T) set gillnet fishery3333 drift gillnet fishery3333Statewide (B) power troll fishery6888

(2) income dependence

Minimum Percentages For Salmon Fisheries Income Dependence 1971 1972 A B C D Southeastern Alaska (A)purse seine fishery90709070drift gillnet fishery90709050Yakutat (D)set gillnet fishery90607040Prince William Sound (E)purse seine fishery90609060drift gillnet fishery90509050setnet fishery80408040Cook Inlet (H)purse seine fishery80406030drift gillnet fishery80408050set gillnet fishery90409040Kodiak (K)purse seine fishery90508050beach seine fishery90508050set gillnet fishery70307030Chignik (L)purse seine fishery90709070Alaska Peninsula-Aleutian Is. (M)purse seine fishery90509050drift gillnet fishery90609060set gillnet fishery90509050Bristol Bay (T)set gillnet fishery80406020drift gillnet fishery90407020Statewide (B)power troll fishery90409030

*Prince William Sound purse seine fishery uses income percentages for the years 1970 and 1971 respectively.

**Prince William Sound setnet fishery uses income percentages for the years 1970 and 1972 respectively.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250(a)
Eff. 12/18/74, Register 52; am 4/7/75, Register 54; am 12/30/82, Register 84; am 1/10/86, Register 97

20 AAC 05.640 Designation of significant and minor hardship classifications

(a) The commission designates the priority classifications 20 - 40 as classifications of applicants who would suffer significant economic hardship by exclusion from the fishery, and therefore will receive entry permits as required by AS 16.43.270(a).

(b) The commission designates the priority classifications 0 - 5 as classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) may therefore have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 12/18/74, Register 52; am 12/31/2010, Register 196

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

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250
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

20 AAC 05.653 Commercial Fisheries Entry Commission

20 AAC 05.653. Priority classification system for those fisheries designated in 20 AAC 05.310(a)(9) - (a)(13). (a) The commission finds that special circumstances (set out in detail in the findings of October 20, 1975, which accompanied the proposed regulations) exist requiring the use of the priority classification system in 20 AAC 05.656 for those fisheries designated in 20 AAC 05.310(a)(9) - (a)(13). (b) For each fishery for which a maximum number of entry permits has been established in 20 AAC 05.320(10) - (14) a point system is used for ranking applicants for entry permits. (c) A point scale of 0 - 24 is established. (d) The commission will assign an applicant to one of 25 priority classifications designated by the numbers 0 - 24, based on the total points to which his qualifications, as of the qualification date, entitled him under 20 AAC 05.656. The greater the degree of hardship the applicant would suffer by exclusion from the fishery, the higher the total number of points.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 4/9/76, Register 58

20 AAC 05.656 Commercial Fisheries Entry Commission

20 AAC 05.656. Point system for fisheries designated in 20 AAC 05.310(a)(9) - (a)(13). (a) Past Participation. Up to a maximum of 16 points will be awarded to an applicant for past participation in the fishery applied for based upon the following schedule: (1) Year fished as a gear license holder* Schedule (a)** Schedule (b)** 19754319743319733319723319712219701 2 1616 In the Upper Yukon fish wheel fishery, where gear licenses have not been required, only the operator of a fish wheel in the commercial fishery, as described in 20 AAC 05.535, may qualify for the points listed in the schedule in this subsection. ** Schedule (a) is to be used in all fisheries designated in 20 AAC 05.310(a)(9) - (a)(13) except the Kotzebue gillnet fishery, for which schedule (b) is to be used. (2) If unavoidable circumstances exist such that an applicant was unable to participate in the fishery during 1974 or during 1975, the commission will in its discretion award the applicant up to a maximum of seven points upon a special showing of past participation. (b) Economic Dependence. Up to a maximum of eight points will be awarded an applicant for economic dependence on a fishery based on the schedule in this subsection. (1) Income dependence percentage or nonfishing occupational income based on harvesting the fishery resource while participating as a gear license holder, in the fishery applied for, in 1974 and 1975 is shown in the following schedule: 1975 1974 Salmon Fishery Criteria Points Points Kuskokwim (W)Income dependence percentage in excess ofgillnet fishery60%, or nonfishing occupational incomeless than $3,00042 Income dependence percentage in excessof 30%, or nonfishing occupational incomeless than $6,000.21 Kotzebue (X)Income dependence percentage in excess ofgillnet fishery80%, or nonfishing occupational incomeless than $2,000.42 Income dependence percentage in excess of60%, or nonfishing occupational incomeless than $4,000.21 Lower Yukon (Y)Income dependence percentage in excess ofgillnet fishery60%, or nonfishing occupational incomeless than $3,000.42 Income dependence percentage in excess of30%, or nonfishing occupational incomeless than $6,000.21 Upper Yukon (P)Income dependence percentage in excess ofgillnet fishery60%, or nonfishing occupational incomeless than $3,000.42 Income dependence percentage in excess of30%, or nonfishing occupational incomeless than $6,000.21 Upper Yukon (P)Income dependence percentage infish wheel fisheryoccupational income less than excess of60%, or nonfishing $3,000.42 Income dependence percentage in excess of30%, or nonfishing occupational incomeless than $6,000.21 Norton Sound (Z)Income dependence percentage in excessof 60%, or nonfishing occupational incomeless than $3,000.42 Income dependence percentage in excess of30%, or nonfishing occupation income lessthan $6,000.21 In the Upper Yukon fish wheel fishery, where gear licenses have not been required, only the operator of a fish wheel in the commercial fishery, as described in 20 AAC 05.535, may qualify for the points listed in this subsection. (2) If unavoidable circumstances exist such that an applicant's income dependence upon the fishery is not realistically reflected by his income dependence in 1974 and 1975, the commission will in its discretion award an applicant up to a maximum of six points based on a special showing of income dependence. (3) Points will be awarded for investment in fishing gear as of the qualification date. (A) Owns vessel or gear or both - 1 point (B) Owns fish wheel - 1 point *A maximum of 1 point may be claimed under this paragraph. (4) Points will be awarded for availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of one point possible.) (A) An applicant is entitled to 1 point if his or her domicile is located more than 30 road miles (i) from the boundary of a "place" with a population of 5,000 or more as of April 1, 1970, and (ii) from an "urbanized area" as of April 1, 1970. (B) An applicant is entitled to 0 points if his or her domicile is located within 30 road miles of the boundary of a "place" with a population of 5,000 or more, or within 30 road miles of an "urbanized area," as of April 1, 1970. (C) An applicant from a 0-point area may receive the maximum of one point through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) of this paragraph. (D) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (E) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250(a)
Eff. 4/9/76, Register 58; am 1/10/86, Register 97

20 AAC 05.659 Commercial Fisheries Entry Commission

20 AAC 05.659. Designation of significant and minor economic hardship classifications for those fisheries designated in 20 AAC 05.310(a)(9) - (a)(13). (a) Priority classifications 10 - 24 are classifications of applicants who would suffer significant economic hardship by exclusion from the fishery, except in the Kotzebue gillnet fishery where such classifications are 12 - 24. (b) Priority classifications 0 - 2 are classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants under AS 16.43.250(c) may therefore have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 4/9/76, Register 58; am 12/31/2010, Register 196

20 AAC 05.660 Commercial Fisheries Entry Commission

20 AAC 05.660. Definitions. In 20 AAC 05.600 - 20 AAC 05.660 (1) "annual catch value" means the number of pounds of any species of fish caught by an applicant in the fishery for which he is applying, as derived from fish tickets, during a given year, multiplied by the average price per pound paid for the species in that fishery during the year, or the gross amount actually received for the calendar year from harvesting the fishery resource commercially while participating as a gear license holder in the fishery for which he is applying; (2) "income dependence percentage" means the annual catch value divided by the sum of the annual catch value and the nonfishing occupational income, with the result multiplied by 100; (3) "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 shall be included as nonfishing occupational income. Pensions, interest, dividends, other investment income, and income received directly from participating in any fishery as a gear license holder or crewman will not be included; (4) "qualification date" means January 1, 1973, except that in the case of fisheries for which the commission establishes the maximum number of entry permits after January 1, 1975, the qualification date is January 1 of the year during which the commission establishes the maximum number of entry permits for a fishery; (5) "gear" means the fishing apparatus necessary to harvest the fishery resource commercially.

History

Authority: AS 16.43.100(b)AS 16.43.110(a)
Eff. 12/18/74, Register 52

20 AAC 05.662 Commercial Fisheries Entry Commission

20 AAC 05.662. Priority classification system for Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries. (a) The commission finds that special circumstances exist (set out in detail in the findings of February, 1977) requiring the use of the point system in 20 AAC 05.664 for the Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries. (b) For each herring fishery for which a maximum number of entry permits has been established in 20 AAC 05.320, a point system is used for ranking applicants for entry permits. (c) A point scale of 0 - 9 is established for Areas A-1 and H. (d) A point scale of 0 - 8 is established for Area E-1. (e) The commission will assign an applicant to a priority classification based on the total points to which his qualifications as of the qualification date entitled him under 20 AAC 05.664. The greater the degree of hardship the applicant would suffer by exclusion from the fishery, the higher the total number of points.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 2/25/77, Register 61; am 2/15/81, Register 77

20 AAC 05.664 Commercial Fisheries Entry Commission

20 AAC 05.664. Point system for Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries. (a) Past Participation. Points will be awarded to the applicant for past participation in the fishery applied for based on the following: (1) Past Participation as a Herring Purse Seine Interim-Use Adm. Areas Adm. Areas Permit Holder A-1 and H E-1 Year Points Points 19762219752119741 1 Maximum AllowableAward54 (2) If unavoidable circumstances existed such that an applicant was unable to participate during any of the years 1974 - 1976, the commission will in its discretion award an applicant the appropriate point(s) allowable under (a)(1) of this section, upon a special showing of past participation. (3) "Past participation," for purposes of this section, means (A) the commercial taking of the herring resource in Herring Administrative Areas A-1, E-1, or H with a herring purse seine, interim-use permit and appropriate licenses; or (B) being on the fishing grounds in Herring Administrative Areas A-1, E-1, or H, with the appropriate vessel, gear, licenses, and interim-use permit with the intention of taking the herring resource during the time the season was open and the herring resource was harvested. (b) Economic Dependence. A maximum of 4 points will be awarded to an applicant for economic dependence on the fishery. (1) A maximum of 3 points will be awarded for investment in vessel and gear as of the qualification date. (A) Ownership of a purse seine vessel used or to be used in the herring purse seine fisheries will result in the owner being awarded one point. (B) Ownership of a herring purse seine used or to be used in the herring fisheries will result in the owner being awarded two points. (2) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of one point possible.) (A) An applicant is entitled to 1 point if his or her domicile is located more than 30 road miles from (i) the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and (ii) an "urbanized area" as of April 1, 1970. (B) An applicant is entitled to 0 points if his or her domicile is located within 30 road miles of the boundary of a "place" with a population of 20,000 or more, or within 30 road miles of an "urbanized area," as of April 1, 1970. (C) An applicant from a 0 point area may receive the maximum of one point through a special showing that there is no reasonable daily access from the applicant's domicile to "places" and "urbanized areas" referred to in (B) of this paragraph. (D) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (E) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250(a)
Eff. 2/25/77, Register 61; am 1/10/86, Register 97; am 7/8/92, Register 123

20 AAC 05.666 Commercial Fisheries Entry Commission

20 AAC 05.666. Designation of significant and minor hardship classifications. For the Southeastern and Prince William Sound roe herring purse seine and Cook Inlet combined roe herring and herring purse seine fisheries, the commission designates (1) priority classifications of applicants with six or more points as those who would suffer significant economic hardship by exclusion from the fishery, and therefore will receive an entry permit; (2) priority classifications of applicants with 0 - 2 points are those who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) may therefore have certain restrictions upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 2/25/77, Register 61; am 2/15/81, Register 77; am 12/31/2010, Register 196

20 AAC 05.667 Commercial Fisheries Entry Commission

20 AAC 05.667. Priority classification system for Southeastern herring gillnet fishery. (a) The commission finds that special circumstances exist (set out in detail in its findings on this herring gillnet fishery, dated January 1978) requiring the use of the point system in 20 AAC 05.668 for the Southeastern herring gillnet fishery. (b) A point scale of 0 - 23 is established for the Southeastern herring gillnet fishery. (c) The commission will assign an applicant to a priority classification based on the total points to which his qualifications as of the qualification date entitle him under 20 AAC 05.668. The greater the degree of hardship the applicant would suffer by exclusion from the fishery, the higher the total number of points.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 4/30/78, Register 66

20 AAC 05.668 Commercial Fisheries Entry Commission

20 AAC 05.668. Point system for the Southeastern herring gillnet fishery. (a) Past Participation. Up to a maximum of 18 points will be awarded to an applicant for past participation in the fishery based on the following: (1) Past Participation as a Herring Gill Net Operator Year Sub-Area Points 1977Juneau3Kah Shakes3Other31976Juneau2Chaik Bay2Gambier Bay2Pybus Bay2Kasaan2Helm Bay2Kah Shakes2Other21975 21974 21973 1 1972 1 Past Participation as a Crewman Year Points 19771197611975119741 (2) For purposes of this subsection, no more than six points may be claimed for participation as a herring gillnet operator in 1977, nor no more than six points as a herring gillnet operator in 1976. Points may not be claimed as an operator and as a crewman in the same year. (3) If unavoidable circumstances exist such that an applicant's past participation in the fishery is not realistically reflected by points awarded for past participation for the years 1972 - 1977, the commission may award a maximum of 18 points upon a special showing of past participation during the years 1972 - 1977. (4) For purposes of this subsection, "past participation" means (A) the commercial taking of the herring resource in herring administrative area A with a gillnet, while holding the appropriate licenses and/or permit; or (B) being on the fishing grounds in the sub-area with vessel, gear, licenses and interim-use permit and with the ability to and intention of commercially harvesting the herring resource during the time the season was open and the herring resource was harvested; or (C) being on the fishing grounds in the sub-area during the time when a season opening was anticipated by appropriate Department of Fish and Game personnel but did not materialize, with vessel, gear, licenses and interim-use permit and with the ability and intention of commercially harvesting the herring resource. (5) For purposes of this subsection, sub-areas are as follows: Statistical Sub-area Chart Area* Juneau111-50 & 115-10Chaik Bay112-80 & 112-18Gambier Bay110-23Pybus Bay110-22Kasaan102-60Helm Bay101-90Kah Shakes101-23All portions of Administrative Area A not includedabove, excluding waters of the Metlakatla IndianOtherReservation *As defined by regulations of the Board of Fisheries. (6) For purposes of this subsection, a person demonstrating the following is presumed to be an "operator" of herring gillnet gear: (A) had a gear license for herring gillnet gear; and (B) had the appropriate interim-use permit; and (C) was licensed to operate the vessel from which that unit of gear was fished; and (D) had the immediate right to control the vessel and unit of gear being operated. (7) For the purposes of this subsection, a unit of gear is the aggregate amount of gear operated from a single vessel. The maximum number of participation points available to credit the operation of a unit of gear may not exceed the amount which can be claimed by a single operator. (8) The commission will, in its discretion, consider other evidence relevant to "operator" status. Where two or more individuals claim to have operated the same unit of gear, the commission will, in its discretion, determine who was the operator based upon all available evidence. If unable to determine which individual was the operator, the commission will award the available operator points proportionally. (b) Economic Dependence. Up to a maximum of five points will be awarded an applicant for economic dependence on the Southeastern herring gillnet fishery based on the following: (1) A maximum of four points will be awarded an applicant for investment in vessel and gear. (A) Ownership of a vessel used or to be used in the commercial gillnet harvest of herring (i) 1 point if owned on May 15, 1977; and (ii) 1 point if owned on December 31, 1977. (B) Ownership of gear used or to be used in the commercial gillnet harvest of herring (available in addition to points claimed in (A) of this subsection) (i) 1 point if owned on May 15, 1977; and (ii) 1 point if owned on December 31, 1977. (C) In cases where a vessel or gear is owned jointly or in a corporate capacity, an applicant's points will be determined by multiplying the percentage of ownership interest times the total number of points possible, except in cases where the applicant is the only individual with an ownership interest in the vessel or gear who has applied and been found eligible to apply for a Southeast herring gillnet permit, in which case the applicant will receive the total number of points possible. (2) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of one point possible.) (A) An applicant is entitled to 1 point if his or her domicile is located more than 30 road miles from (i) the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and (ii) an "urbanized area" as of April 1, 1970. (B) An applicant is entitled to 0 points if his or her domicile is located within 30 road miles of the boundary of a "place" with a population of 20,000 or more, or within 30 road miles of an "urbanized area," as of April 1, 1970. (C) An applicant from a 0 point area may receive the maximum of one point through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) of this paragraph. (D) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (E) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250(a)
Eff. 4/30/78, Register 66; am 1/10/86, Register 97

20 AAC 05.669 Commercial Fisheries Entry Commission

20 AAC 05.669. Designation of significant and minor hardship classifications for the Southeastern herring gillnet fishery. (a) Priority classifications 11 - 23 are classifications of applicants who would suffer significant economic hardship by exclusion from the fishery, and will therefore receive an entry permit. (b) Priority classifications 0 - 4 are classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery.

History

Authority: AS 16.43.100(a)AS 16.43.110(a)AS 16.43.250
Eff. 4/30/78, Register 66

20 AAC 05.670 Commercial Fisheries Entry Commission

20 AAC 05.670. Definitions. In 20 AAC 05.667 - 20 AAC 05.669, unless otherwise specified, "gear" must include 100 or more fathoms of gillnet with mesh of not more than three inches, stretched measure, as defined in 5 AAC 39.975(11), with cork and lead line. Additional points will not be awarded for additional nets, nor for gear other than the net.

History

Authority: AS 16.43.100(b)AS 16.43.110(a)
Eff. 4/30/78, Register 66

20 AAC 05.671 Commercial Fisheries Entry Commission

20 AAC 05.671. Priority classification system for Prince William Sound roe herring gillnet fishery. (a) The commission finds that special circumstances exist (set out in detail in its findings on this herring gillnet fishery, dated September 2, 1980) requiring the use of the point system in 20 AAC 05.672 and 20 AAC 05.673 for the Prince William Sound roe herring gillnet fishery. (b) A point scale of 0 - 12 is established for the Prince William Sound roe herring gillnet fishery.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 2/15/81, Register 77

20 AAC 05.672 Commercial Fisheries Entry Commission

20 AAC 05.672. Past participation point system for the Prince William Sound roe herring gillnet fishery. (a) The commission will award a maximum of 5 points to an applicant for past participation as an operator of gear in the fishery in accordance with the following table: Year Points 197821977219741 (b) In (a) of this section (1) "past participation" means the commercial taking of herring in administrative area E with a gillnet during the roe herring seasons, while holding the appropriate licenses; (2) subject to (c) of this section, an individual is presumed to be an "operator" of roe herring gillnet gear if the individual (A) had the appropriate licenses for herring gillnet gear; (B) was designated as the operator on the license of the vessel from which that unit of herring gillnet gear was fished; and (C) had the immediate right to control the vessel and the unit of gear being operated. (c) In this section, a "unit of gear" is the aggregate amount of gear operated from a single vessel. If two or more individuals claim to have operated the same unit of gear, the commission will, in its discretion, determine who was the operator based upon all available evidence. If unable to determine which individual was the operator, the commission will award the available operator points proportionately. The number of points to be proportioned may not exceed the number of points which could be claimed by a single operator.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 2/15/81, Register 77

20 AAC 05.673 Commercial Fisheries Entry Commission

20 AAC 05.673. Economic dependence point system for the Prince William Sound roe herring gillnet fishery. (a) The commission will award a maximum of 7 points to an applicant for economic dependence on the Prince William Sound roe herring gillnet fishery in accordance with the following: (1) the commission will award a maximum of 3 points to an applicant for ownership of a vessel used, or to be used, in the commercial gillnet harvest of roe herring as follows: (A) 1 point if the applicant owned the vessel on March 1, 1978; (B) 1 point if the applicant owned the vessel on March 1, 1977; and (C) 1 point if the applicant owned the vessel on March 1, 1974; (2) the commission will award a maximum of 3 points to an applicant for ownership of gear used, or to be used, in the commercial gillnet harvest of roe herring as follows (available in addition to points claimed in (1) of this subsection): (A) 1 point if the applicant owned the gear on March 1, 1978; (B) 1 point if the applicant owned the gear on March 1, 1977; and (C) 1 point if the applicant owned the gear on March 1, 1974; (3) availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of 1 point possible.) (A) An applicant is entitled to 1 point if his or her domicile is located more than 30 road miles from (i) the boundary of a "place" with a population of 20,000 or more as of April 1, 1970, and (ii) an "urbanized area" as of April 1, 1970. (B) An applicant is entitled to 0 points if his or her domicile is located within 30 road miles of the boundary of a "place" with a population of 20,000 or more, or within 30 road miles of an "urbanized area" as of April 1, 1970. (C) An applicant from a 0 point area may receive the maximum of one point through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) of this paragraph. (D) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population", Chapter B, "General Population Characteristics", Part 3, which is incorporated into this section by reference. (E) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1970 Census of Population, Volume 1, "Characteristics of the Population", Chapter B, "General Population Characteristics", Part 3, which is incorporated into this section by reference. (b) If a vessel or gear is owned jointly or in a corporate capacity, the commission will award points under (a)(1) and (a)(2) of this section on the basis of the comparative ownership interests of each applicant who is eligible to apply and does apply for a Prince William Sound roe herring gillnet permit.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.150(a)
Eff. 2/15/81, Register 77; am 1/10/86, Register 97

20 AAC 05.674 Commercial Fisheries Entry Commission

20 AAC 05.674. Designation of significant and minor hardship classifications for the Prince William Sound roe herring gillnet fishery. (a) Priority classifications 9 - 12 are classifications of applicants who would suffer significant economic hardship by exclusion from the fishery, and will therefore receive an entry permit. (b) Priority classifications 0 - 2 are classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery.

History

Authority: AS 16.43.100(a)AS 16.43.110(a)AS 16.43.250
Eff. 2/15/81, Register 77

20 AAC 05.675 Commercial Fisheries Entry Commission

20 AAC 05.675. Definitions. In 20 AAC 05.671- 20 AAC 05.674, unless otherwise specified (1) "gear" means 50 or more fathoms of gillnet with mesh or not more than three inches, stretched measure, as defined in 5 AAC 39.975(11), with cork and lead line; additional points will not be awarded for additional nets, nor for gear other than the net; (2) "appropriate licenses" means (A) in 1978, a herring interim-use permit for Prince William Sound; (B) in 1977, a herring interim-use permit for Prince William Sound, and a commercial fishing license, and a gear license for set or drift gillnet; (C) in 1974, a commercial fishing license and a gear license for set or drift gillnet.

History

Authority: AS 16.43.100(b)AS 16.43.110(a)
Eff. 2/15/81, Register 77

20 AAC 05.676 Commercial Fisheries Entry Commission

20 AAC 05.676. Priority classification system for the statewide salmon hand troll fishery. (a) The commission finds that the salmon hand troll fishery requires the use of the point system set out in 20 AAC 05.677 and 20 AAC 05.679. (b) A point scale of 0 - 101 is established as a system for ranking applicants for salmon hand troll entry permits. Points are awarded on the basis of the applicant's past participation and economic dependence as of January 1, 1980.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 3/6/81, Register 77; am 12/29/84, Register 92

20 AAC 05.677 Commercial Fisheries Entry Commission

20 AAC 05.677. Point system for the salmon hand troll fishery. (a) Past Participation. Not more than 31 points will be awarded to an applicant for past participation in the fishery based on the following: (1) Past participation as a hand troll gear operator Year Points 197510197610197711197811197911 (2) In this section, "past participation" means the harvesting of allowed species while properly licensed as a hand troll gear operator, and sales of hand-troll-caught species in accordance with regulations governing the sale or use of commercially caught species, as provided in 5 AAC 39.130 (Reports Required of Processors, Buyers, and Fishermen). (b) Consistent Participation. Not more than 25 points will be awarded to an applicant for consistent participation in the fishery based on the following: Consistent participation as a hand troll gear operator Minimum Number of ADF&G Statistical Weeks in Which Landings Were Made to Year Show Consistent Participation Points 197538197648197749197859197959 (c) Economic Dependence. Not more than 45 points will be awarded to an applicant for economic dependence on the fishery, as follows: (1) Not more than 19 points will be awarded for income dependence in the fishery based on the following: Minimum Salmon Hand Troll Gross Earnings to Demonstrate Year Income Dependence Points 1975$ 20061976 50061977 70071978 75071979 12007 (2) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of 15 points possible.) (A) An applicant is entitled to 15 points if his or her domicile is located (i) more than 30 road miles from the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (B) An applicant is entitled to 7 points if his or her domicile is located (i) within 30 road miles of the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (C) An applicant is entitled to 0 points if his or her domicile is located within 40 road miles of the boundary of a "place" with a population of 10,000 or more, or within 40 road miles of an "urbanized area," as of the 1980 census. (D) An applicant from a 0- or 7-point area may receive up to the maximum of 15 points through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) or (C) of this paragraph, as applicable. (E) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (F) "Urbanized area" means a city of 50,000 or more and its surrounding urban area; it is defined specifically in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (3) By supplemental application, applicants may choose to have their economic dependence evaluated under the following point schedule as an alternative to points available under (1) of this subsection: (A) Percentage of Income Derived From the Fishery and Reliance on Alternative Occupations. Points for income dependence and reliance on alternative occupations will be awarded for each year, 1977 - 1979, in which the applicant participated as an interim-use permit holder. A maximum of 25 points will be awarded based on an income dependence percentage, which is calculated by dividing the applicant's annual salmon hand troll fishing gross income earned as a gear operator by the sum of that annual catch value and the applicant's nonfishing occupational income, and multiplying the result by 100. Minimum percentages for income dependence are as follows: Year Percentage Points 197730%12197830%13197930%13 Applicants under the age of 18 years will be awarded income dependence points under this subsection only if they can demonstrate emancipation, or if they were not claimed as dependents for tax purposes by parents or guardians, in the years for which income dependence points are claimed. (B) Investment in Vessel and Gear. A maximum of 5 points will be awarded an applicant for investment in vessel and gear, as follows: (i) Ownership as of January 1, 1980, of a vessel used or to be used in the salmon hand troll fishery and registered in compliance with 5 AAC 39.120(g)(5) and 5 AAC 05.39.270(d) as a hand troll vessel, will result in the owner being awarded 5 points. For a vessel owned as of the qualification date, but not registered as a hand troll vessel in 1979, the owner may be awarded 5 points upon a demonstration that the vessel was registered by the applicant as a hand troll vessel in any year from 1980 through 1983. (ii) Ownership of hand troll gear as of the qualification date of January 1, 1980 will result in 1 point if the gear consists of hand operated gurdys and 0 points if the gear consists of rod and reel. (iii) If two or more eligible applicants share in the investment in vessel or gear, the commission will award points under (B) of this paragraph based on the ratio of the applicant's investment interest to the total investment interest of all the other eligible applicants. Points for shared investments will be carried to the second decimal point and rounded to the nearest whole number, 0.50 rounding off to the immediately lower whole number.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260(e)
Eff. 3/6/81, Register 77; am 12/29/84, Register 92; am 1/10/86, Register 97

20 AAC 05.678 Commercial Fisheries Entry Commission

20 AAC 05.678. Designation of significant and minor hardship classifications for the statewide salmon hand troll fishery. (a) The commission designates the priority classifications 80 - 101 as classifications of applicants who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 70 as classifications of applicants who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) may have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 3/6/81, Register 77; am 12/29/84, Register 92; am 12/31/2010, Register 196

20 AAC 05.679 Commercial Fisheries Entry Commission

20 AAC 05.679. Special rules for the salmon hand troll point system. (a) If an applicant shows that, for any year beginning after December 31, 1974 through December 31, 1979, he or she fished consistently on voyages longer than seven days between landings, the applicant may receive credit for landings in excess of those shown by landing records. (b) An applicant who is eligible to apply for an entry permit under AS 16.43.260(a) and whose participation in this fishery was interrupted by his first enlistment or draft period of military service will be awarded the maximum number of points for past participation and income dependence for the fishing seasons missed due to that military service, if the applicant harvested the fishery resource commercially while participating as an interim-use permit holder before the beginning of military service.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 3/6/81, Register 77

20 AAC 05.680 Commercial Fisheries Entry Commission

20 AAC 05.680. Priority classification systems for Kodiak roe herring purse seine and gillnet fisheries. (a) The commission finds that special circumstances exist (set out in detail in its findings on these roe herring fisheries, dated August 24, 1982) requiring the use of the point systems in 20 AAC 05.681 - 20 AAC 05.686. (b) A point scale of 0 - 75 is established for the Kodiak roe herring purse seine fishery. (c) A point scale of 0 - 54 is established for the Kodiak roe herring gillnet fishery.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.250(a)
Eff. 10/30/82, Register 84

20 AAC 05.681 Commercial Fisheries Entry Commission

20 AAC 05.681. Point system for the Kodiak roe herring purse seine fishery. (a) Past Participation. A maximum of 26 points will be awarded to an applicant for past participation in the fishery based upon the following: (1) Past participation as a purse seine gear operator. Points will be awarded to an applicant based on threshold participation of at least one landing and active participation of more than 2,000 pounds, as follows: Threshold Active Total Participation Participation Possible Year Points Points Points 19751lbs. > 2,000 = 5619761lbs. > 2,000 = 5619772lbs. > 2,000 = 6819782lbs. > 2,000 = 6819793lbs.> 2,000 = 71019803lbs. > 2,000 = 710 (2) Part participation as a crewmember. In years when an applicant did not participate as a gear operator, but did participate as a crewmember in the fishery, 1 point will be awarded for each year of participation, 1975 - 1980. (b) Consistent Participation. A maximum of 21 points will be awarded to an applicant for consistent participation in the fishery as a gear operator based on either of the following: Minimum Number of Five-day Periods In Which Landings Were Made Year To Show Consistent Participation Points 197726197826197929198029or, Minimum Number of Pounds Landed Year To Show Consistent Participation Points 197724,0006197838,0006197921,0009198016,0009 (c) Economic Dependence. A maximum of 28 points will be awarded to an applicant for economic dependence on the purse seine fishery, in accordance with the following: (1) Points for income dependence will, in the commission's discretion, be awarded for each year, 1978 - 1980, in which an applicant participated as a gear operator. A maximum of 9 points will be awarded based on an income-dependence percentage which is calculated by dividing the applicant's annual Kodiak roe herring purse seine fishing gross income earned as a gear operator by the sum of that annual catch value and the applicant's nonfishing occupational income, and multiplying the result by 100. Minimum percentages for income dependence: Year Income Dependence Participation Points 197890%250%1197990%650%3198090%650%3 (2) The commission will award a maximum of 2 points to an applicant for investment in a vessel as of December 31, 1980 which was used or to be used in a commercial roe herring purse seine fishery in the State of Alaska. (3) The commission will award a maximum of 8 points to an applicant for ownership of gear which was used or to be used in the Kodiak roe herring purse seine fishery, as follows: (A) 4 points if the applicant owned the gear on May 1, 1979; (B) 4 points if the applicant owned the gear on May 1, 1980; and (C) 4 points if the applicant owned the gear on December 31, 1980. (4) If two or more eligible applicants share in the investment in vessel or gear, the commission will award points under (2) and (3) of this subsection based on the ratio of the applicant's investment interest to the total investment interest of all applicants. (5) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of nine points possible.) (A) An applicant is entitled to 9 points if his or her domicile is located (i) more than 30 road miles from the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (B) An applicant is entitled to 5 points if his or her domicile is located (i) within 30 road miles of the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (C) An applicant is entitled to 0 points if his or her domicile is located within 40 road miles of the boundary of a "place" with a population of 10,000 or more, or within 40 road miles of an "urbanized area" as of the 1980 census. (D) An applicant from a 0- or 5-point area may receive up to the maximum of 9 points through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) or (C) of this paragraph, as applicable. (E) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (F) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260(e)
Eff. 10/30/82, Register 84; am 1/10/86, Register 97

20 AAC 05.682 Commercial Fisheries Entry Commission

20 AAC 05.682. Point system for the Kodiak roe herring gillnet fishery. (a) Past Participation. A maximum of 16 points will be awarded to an applicant for participation in the fishery based upon the following: (1) Past participation as a gillnet gear operator. Year Points 197871979919809 (2) In years when an applicant did not participate as a gear operator, but did participate as a crewmember in the fishery, 1 point will be awarded for each year of participation, 1978 through 1980. (b) Consistent Participation. A maximum of 14 points will be awarded to an applicant for consistent participation in the fishery as a gear operator based on either of the following: Minimum Number of Five-day Periods In Which Landings Were Made Year To Show Consistent Participation Points 197826197928198028or, Minimum Number of Pounds Landed Year To Show Consistent Participation Points 19781,750619792,050819803,5008 (c) Economic Dependence. A maximum of 24 points will be awarded for economic dependence on the gillnet fishery, in accordance with the following: (1) Points for income dependence may be awarded for each year, 1978 - 1980, in which an applicant participated as a gear operator. A maximum of 7 points will be awarded for income dependence based on the following: Minimum Kodiak Roe Herring Gill/Net Gross Earnings Earned as a Gear Operator Year to Demonstrate Income Dependence Points 1978$ 350219791,650419801,2004 (2) The commission will award a maximum of 2 points to an applicant for investment in a vessel as of December 31, 1980, which was used or to be used in a commercial roe herring gillnet fishery in the State of Alaska. (3) The commission will award a maximum of 8 points to an applicant for ownership of gear used or to be used in the Kodiak roe herring gillnet fishery as follows: (A) 4 points if the applicant owned the gear on May 1, 1979; (B) 4 points if the applicant owned the gear on May 1, 1980; and (C) 4 points if the applicant owned the gear on December 31, 1980. (4) If two or more eligible applicants share in the investment in vessel or gear, the commission will award points under (2) and (3) of this subsection based on the ratio of the applicant's investment interest to the total investment interest of all applicants. (5) Availability of alternative occupations in the location of the applicant's domicile as of the qualification date. (Maximum of 7 points possible.) (A) An applicant is entitled to 7 points if his or her domicile is located (i) more than 30 road miles from the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (B) An applicant is entitled to 4 points if his or her domicile is located (i) within 30 road miles of the boundary of a "place" with a population of at least 5,000 and less than 10,000 as of the 1980 census, and (ii) more than 40 road miles from the boundary of a "place" with a population of 10,000 or more as of the 1980 census, and (iii) more than 40 road miles from an "urbanized area" as of the 1980 census. (C) An applicant is entitled to 0 points if his or her domicile is located within 40 road miles of the boundary of a "place" with a population of 10,000 or more, or within 40 road miles of an "urbanized area," as of the 1980 census. (D) An applicant from a 0- or 4-point area may receive up to the maximum of 9 points through a special showing that there is no reasonable daily access from the applicant's domicile to the "places" and "urbanized areas" referred to in (B) or (C) of this paragraph, as applicable. (E) "Place" means an area recognized as a place in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference. (F) "Urbanized area" means a city of 50,000 or more and its surrounding urban areas; it is defined specifically in Appendix A of the United States Department of Commerce 1980 Census of Population, Volume 1, "Characteristics of the Population," Chapter B, "General Population Characteristics," Part 3, which is incorporated into this section by reference.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/30/82, Register 84; am 1/10/86, Register 97

20 AAC 05.683 Commercial Fisheries Entry Commission

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

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(a)
Eff. 10/30/82, Register 84; am 7/20/83, Register 87

20 AAC 05.684 Commercial Fisheries Entry Commission

20 AAC 05.684. Designation of significant and minor hardship classifications for the Kodiak roe herring purse seine and gillnet fisheries. (a) The commission designates the priority classifications 70 - 75 as classifications of applicants for the purse seine fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 40 as classifications of applicants who would suffer only minor economic hardship by exclusion from the purse seine fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 48 - 54 as classifications of applicants for the gillnet fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 31 as classifications of applicants who would suffer only minor economic hardship by exclusion from the gillnet fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 10/30/82, Register 84; am 12/31/2010, Register 196

20 AAC 05.685 Commercial Fisheries Entry Commission

20 AAC 05.685. Permits issued to an applicant for both purse seine and gillnet fisheries. (a) The commission will issue a single, inseparable permit to an applicant who qualifies for both the purse seine and gillnet fisheries. This permit will grant the permit holder the privilege of harvesting the Kodiak herring resource with seine and gillnet gear in accordance with regulations of the Alaska Board of Fisheries. (b) If an applicant who receives a permit authorizing the use of both seine and gillnet gear qualifies for either gear type under the minor economic hardship provision of AS 16.43.250(c), then the permanent transfer of the permit under the provisions of AS 16.43.170(b) will result in the conversion of the permit to the single gear type not issued as a minor economic hardship permit.

History

Authority: AS 16.43.100; AS 16.43.170 AS 16.43.110; AS 16.43.990(3)
Eff. 10/30/82, Register 84

20 AAC 05.686 Commercial Fisheries Entry Commission

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

Authority: AS 16.43.100(b)AS 16.43.110(a)
Eff. 10/30/82, Register 84

20 AAC 05.687 Commercial Fisheries Entry Commission

20 AAC 05.687. Qualification dates for fisheries limited after 1983. Repealed 5/20/90.

20 AAC 05.690 Commercial Fisheries Entry Commission

20 AAC 05.690. Integrated fishery resource permit. (a) The commission will issue a single, nonseverable, integrated fishery resource permit to an applicant who qualifies for a use privilege in both the Southeastern Alaska Tanner crab and Southeastern Alaska red and blue king crab pot fisheries. This permit will grant the permit holder the privilege of harvesting red and blue king crab and Tanner crab with pot gear in Southeastern Alaska in accordance with regulations of the Alaska Board of Fisheries. (b) The commission will issue a single, nonseverable, integrated fishery resource permit to an applicant who qualifies for a use privilege in both the Southeastern Alaska Tanner crab and Southeastern Alaska brown king crab pot fisheries. This permit will grant the permit holder the privilege of harvesting brown king crab and Tanner crab with pot gear in Southeastern Alaska in accordance with regulations of the Alaska Board of Fisheries. (c) The commission will issue a single, nonseverable, integrated fishery resource permit to an applicant who qualifies for a use privilege in both the Southeastern Alaska brown king crab and Southeastern Alaska red and blue king crab pot fisheries. This permit will grant the permit holder the privilege of harvesting red and blue king crab and brown king crab with pot gear in Southeastern Alaska in accordance with regulations of the Alaska Board of Fisheries. (d) The commission will issue a single, nonseverable, integrated fishery resource permit to an applicant who qualifies for use privileges in the Southeastern Alaska Tanner crab and Southeastern Alaska red and blue king crab, and Southeastern Alaska brown king crab pot fisheries. This permit will grant the permit holder the privilege of harvesting red and blue king crab, brown king crab, and Tanner crab with pot gear in Southeastern Alaska in accordance with regulations of the Alaska Board of Fisheries. (e) Repealed 10/31/2001. (f) The holder of an entry permit issued under this section may acquire by transfer an additional entry permit issued under this section if the additional entry permit acquired conveys to the transferee at least one use privilege for a crab species not held by the transferee at the time of the transfer. (g) A use privilege issued under the minor economic hardship provisions of AS 16.43.250(c) that is part of a nonseverable integrated fishery resource permit is extinguished when the permit is permanently transferred by the holder. (h) A use privilege issued as part of a nonseverable integrated fishery resource permit or application for a use privilege may be severed by the written request of the holder or applicant for the purpose of relinquishing the use privilege or the application for a use privilege.

History

Authority: AS 16.43.100; AS 16.43.110
Eff. 11/25/84, Register 92; am 8/20/89, Register 111; am 10/31/2001, Register 160

20 AAC 05.691 Commercial Fisheries Entry Commission

20 AAC 05.691. Priority classification system for Southeastern Alaska red and blue king crab pot fishery, brown king crab pot fishery and Tanner crab pot fishery. (a) The commission finds that circumstances exist which require the use of the point systems in 20 AAC 05.692 - 20 AAC 05.697. (b) A point scale of 0 - 100 is established for each of the Southeastern Alaska red and blue king crab, brown king crab, and Tanner crab pot fisheries, respectively. An eligible applicant may claim points on the basis of the applicant's past participation and economic dependence as of January 1, 1984.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 1/30/87, Register 101

20 AAC 05.692 Commercial Fisheries Entry Commission

20 AAC 05.692. General provisions relating to the Southeastern Alaska red and blue king crab, brown king crab and Tanner crab pot fisheries point systems. (a) Threshold Requirements for Past Participation and Consistent Participation Points. Past participation and consistent participation points for a given season and a particular crab fishery may be claimed in accordance with 20 AAC 05.693(a) and (b), 20 AAC 05.694(a) and (b), and 20 AAC 05.695(a) and (b), subject to the requirements that (1) during a season for which the applicant claims points as skipper, the applicant must have commercially harvested at least 500 pounds of the particular crab species for which the permit is sought and had at least one day with landings during the season, evidenced by a fish ticket, for which the particular crab species harvested by the applicant as skipper represented at least 10 percent of the crab poundage delivered from the vessel on that day; and (2) during a season for which the applicant claims points as a skipper, a rebuttable presumption exists that the applicant was a crewmember and not a skipper for that season if the applicant had only one day with landings during the season and the applicant's catch of the crab species represented less than 10 percent of the total of that species landed from the vessel during that season; and (3) during a season for which the applicant claims points as a crewmember, the vessel on which the applicant participated met the delivery requirements stated in (1) of this subsection. (b) Crewmember Participation Points. An applicant will not receive both skipper and crewmember participation points in the same fishery for the same season. (c) Economic Dependence. (1) Joint ownership of vessel. If an applicant shares in an investment in a vessel as of January 1, 1984, points awarded the applicant for investment in a vessel will be based on the applicant's relative percentage share of the total investment regardless of whether co-owners have applied for an entry permit. In such joint ownership situations, an individual applicant's percentage share of the total investment will be determined based on the evidence before the commission. Of the seven points available, the percentage awarded to the applicant will equal the applicant's relative percentage share of the total investment in the vessel. (2) Joint ownership of gear. If an applicant shares in an investment in geared pots as of January 1, 1984, the commission will determine the number of the jointly owned pots which reflects the applicant's share of the total investment, regardless of whether co-owners have applied for an entry permit. The number of pots that constitutes the applicant's share in the jointly owned pots will be added to the number of pots solely owned by the applicant, for a determination of an applicant's entitlement to points for investment in gear. (d) Joint Operators. If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's annual catch value and pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of equitably determining past participation, consistent participation, and relative income dependence points for each joint operator who is an applicant. The following will be used to make the allocations and determine points: (1) the pounds landed and annual catch value allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets) recorded under each applicant's interim-use permit or gear license, unless it is demonstrated that those records do not accurately reflect the pounds landed and the annual catch value; (2) if the commission finds that the actual distributions of a joint operation's pounds landed and annual catch value among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed and annual catch value based on the available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel, and the sum of the annual catch values allocated to each joint operator will not exceed the total annual catch value of the vessel; (3) a skipper may challenge a commission finding that he or she engaged in a joint operation by requesting a hearing and, if a hearing is granted, presenting evidence as to the actual participation; (4) after the pounds landed and annual catch value of the joint operation have been allocated among the joint operators in accordance with (1) - (3) of this subsection, past participation, consistent participation, and relative income dependence points will be determined for each joint operator who was a skipper as defined in 20 AAC 05.697(10), as follows: (A) threshold requirements for past participation and consistent participation for each individual skipper must be met in accordance with (a) of this section with respect to the catch of the vessel; (B) past participation points as a skipper or a crewmember will be determined in accordance with 20 AAC 05.693(a), 20 AAC 05.694(a), and 20 AAC 05.695(a); (C) consistent participation points will be determined in accordance with 20 AAC 05.693(b), 20 AAC 05.694(b), and 20 AAC 05.695(b); (D) relative income dependence points will be determined in accordance with 20 AAC 05.693(c)(1), 20 AAC 05.694(c)(1), and 20 AAC 05.695(c)(1). (e) Extraordinary Circumstances. If extraordinary circumstances prevented an applicant from participating in the fishery in a given season, the commission will, in its discretion, award the applicant those points the applicant could reasonably have claimed but for the extraordinary circumstance. Extraordinary circumstances include temporary illness or disability, the loss of vessel or equipment through sinking, destruction, or extensive mechanical breakdown, and other similar objectively verifiable causes of non-participation. Extraordinary circumstances do not include, for example, voluntary or involuntary retirement from the fishery, permanent illness, permanent disability, or loss of the financial means to continue participation in the fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 1/30/87, Register 101; am 8/30/87, Register 103

20 AAC 05.693 Commercial Fisheries Entry Commission

20 AAC 05.693. Point system for the Southeastern Alaska red and blue king crab pot fishery. (a) Past Participation Points. A maximum of 30 points will be awarded to an applicant for past participation in the red and blue king crab pot fishery. (1) Skipper participation points. (A) Skipper participation points may be claimed for the 81-82 season through the 1983 portion of the 83-84 season, as shown in the following schedule: Season Available Points 83-84 (before to 1/1/84)882-83881-827 (B) Only an applicant entitled to some past participation points under (A) of this paragraph may claim points from the following schedule: Season Available Points 80-81779-80678-79677-78576-77475-763 (2) Crewmember participation points. A maximum of 10 crewmember participation points may be claimed. (A) Crewmember participation points may be claimed for the 81-82 season through the 1983 portion of the 83-84 season, as shown in the following schedule: Season Available Points 83-84 (before 1/1/84)282-83281-822 (B) Only an applicant entitled to some past participation points under (A) of this paragraph or under (1)(A) of this subsection may claim points from the following schedule: Season Available Points 80-81279-80278-79277-78276-77275-762 (b) Consistent Participation. A maximum of 35 points will be awarded to an applicant for consistent participation as a skipper in the red and blue king crab pot fishery. For each landing month claimed under (1) or (2) of this subsection, the applicant must have had at least one day in that month with landings, as a skipper, for which red and blue king crab represented at least 10 percent of the crab poundage delivered from the vessel that day. An applicant may claim points for consistent participation during a season for which the applicant meets the following specified standards: (1) 81-82 - 83-84 seasons. Points for consistent participation as a skipper may be claimed for the 81-82 season through the 1983 portion of the 83-84 (before 1/1/84) season, as shown in the following schedule: Season Landing Months Pounds/Season Points 83-84at least two calendar 1,700 pounds10monthsor82-83at least two calendar 3,100 pounds10monthsor81-82at least two calendar 8,000 pounds8monthsor (2) Seasons before 81-82. Only an applicant entitled to some past participation points under (a)(1)(A) of this section may claim points for consistent participation as a skipper from the following schedule: Season Landing Months Pounds/Season Points 80-81at least four calendar 7,500 pounds8monthsor79-80at least four calendar 6,700 pounds7monthsor78-79at least four calendar 4,500 pounds7monthsor77-78at least four calendar 4,500 pounds6monthsor76-77at least four calendar 7,900 pounds5monthsor75-76at least four calendar 7,400 pounds4monthsor (c) Economic Dependence. A maximum of 35 points will be awarded an applicant for economic dependence in the red and blue king crab pot fishery. Economic dependence points will be awarded only to applicants with a sum of annual catch values for the years 1981 - 1983 totaling at least $500. Economic dependence points will be computed as follows: (1) Relative income dependence. A skipper may claim a maximum of 20 points for relative income dependence upon the fishery according to the steps set out in (A) - (C) of this paragraph and the following point schedule: Income Dependence Percentage Points at least 20%20 at least 10% but less than 20%10 (A) For each of the years 1981 - 1983, take separately the applicant's annual catch value and the applicant's annual earnings from occupational income, as defined in 20 AAC 05.697; multiply each figure for each year by the following specified multiplier for that year: 1981 = .17 1982 = .33 1983 = .50 (B) Add the three resulting figures for the weighted annual catch value to determine the weighted average catch value. Separately add the figures for the weighted annual occupational income to determine the weighted average occupational income. (C) Divide the weighted average catch value by the sum of the weighted average catch value plus the weighted average occupational income, and multiply the quotient by 100 for the single income dependence percentage. (2) 7 points may be claimed for investment as of January 1, 1984, in a vessel that the applicant used or intended to use in the red and blue king crab pot fishery. (3) 8 points may be claimed for ownership, as of January 1, 1984, of 25 or more geared crab pots that the applicant used or intended to use in the red and blue king crab pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 1/30/87, Register 101

20 AAC 05.694 Commercial Fisheries Entry Commission

20 AAC 05.694. Point system for the Southeastern Alaska brown king crab pot fishery. (a) Past Participation Points. A maximum of 30 points will be awarded to an applicant for past participation in the brown king crab fishery. (1) Skipper participation points. (A) Skipper participation points may be claimed for the 81-82 season through the 1983 portion of the 83-84 season, as shown in the following schedule: Season Available Points 83-84 (before 1/1/84)882-83881-827 (B) Only an applicant entitled to some past participation points under (A) of this paragraph may claim points from the following schedule: Season Available Points 80-81779-80678-79677-78576-77475-763 (2) Crewmember participation points. A maximum of 10 crewmember participation points may be claimed. (A) Crewmember participation points may be claimed for the 81-82 season through the 1983 portion of the 83-84 season, as shown in the following schedule: Season Available Points 83-84 (before 1/1/84)282-83281-822 (B) Only an applicant entitled to some past participation points under (A) of this paragraph or under (1)(A) of this subsection may claim points from the following schedule: Season Available Points 80-81279-80278-79277-78276-77275-762 (b) Consistent Participation. A maximum of 35 points will be awarded to an applicant for consistent participation as a skipper in the brown king crab pot fishery. For each landing month claimed under (1) or (2) of this subsection, the applicant must have had at least one day in that month with landings, as a skipper, for which brown king crab represented at least 10 percent of the crab poundage delivered from the vessel that day. An applicant may claim points for consistent participation during a season for which the applicant meets the following specified standards: (1) 81-82 - 83-84 seasons. Points for consistent participation as a skipper may be claimed for the 81-82 season through the 1983 portion of the 83-84 (before 1/1/84) season, as shown in the following schedule: Season Landing Months Pounds/Season Points 83-84at least one calendar 1,000 pounds10monthor82-83at least two calendar 3,600 pounds10monthsor81-82at least two calendar 2,700 pounds8monthsor (2) Seasons before 81-82. Only an applicant entitled to some past participation points under (a)(1)(A) of this section may claim points for consistent participation as a skipper from the following schedule: Season Landing Months Pounds/Season Points 80-81at least three calendar 5,200 pounds8monthsor79-80at least two calendar 3,300 pounds7monthsor78-79at least two calendar 3,200 pounds7monthsor77-78at least one calendar 700 pounds6monthor76-77at least one calendar 700 pounds5monthor75-76at least one calendar 700 pounds4monthor (c) Economic Dependence. A maximum of 35 points will be awarded an applicant for economic dependence in the brown king crab pot fishery. Economic dependence points will be awarded only to applicants with a sum of annual catch values for the years of 1981 - 1983 totaling at least $500. Economic dependence points will be computed as follows: (1) Relative income dependence. A skipper may claim a maximum of 20 points for relative income dependence upon the fishery according to the steps set out in (A) - (C) of this paragraph and the following point schedule: Income Dependence Percentage Points at least 30%20 at least 10% but less than 30%10 (A) For each of the years 1981 - 1983, take separately the applicant's annual catch value and the applicant's annual earnings from occupational income, as defined in 20 AAC 05.697; multiply each figure for each year by the following specified multiplier for that year: 1981 = .17 1982 = .33 1983 = .50 (B) Add the three resulting figures for the weighted annual catch value to determine the weighted average catch value. Separately add the figures for the weighted annual occupational income to determine the weighted average occupational income. (C) Divide the weighted average catch value by the sum of the weighted average catch value plus the weighted average occupational income, and multiply the quotient by 100 for the single income dependence percentage. (2) 7 points may be claimed for investment as of January 1, 1984, in a vessel that the applicant used or intended to use in the brown king crab pot fishery. (3) 8 points may be claimed for ownership, as of January 1, 1984, of 25 or more geared crab pots that the applicant used or intended to use in the brown king crab pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 1/30/87, Register 101

20 AAC 05.695 Commercial Fisheries Entry Commission

20 AAC 05.695. Point system for the Southeastern Tanner crab pot fishery. (a) Past Participation Points. A maximum of 30 points will be awarded to an applicant for past participation in the Tanner crab pot fishery. (1) Skipper participation points. (A) Skipper participation points may be claimed for the 80-81 season through the 82-83 season, as shown on the following schedule: Season Available Skipper Points 82-83781-82780-817 (B) Only an applicant entitled to some past participation points under (A) of this paragraph may claim points from the following schedule: Season Available Points 79-80678-79677-78576-77475-763 (2) Crewmember participation points. A maximum of 10 crewmember participation points may be claimed. (A) Crewmember participation points may be claimed for the 80-81 season - the 82-83 season as shown in the following schedule: Season Available Points 82-83281-82280-812 (B) Only an applicant entitled to some past participation points under (A) of this paragraph or under (1) (A) of this subsection may claim points from the following schedule: Season Available Points 79-80278-79277-78276-77275-762 (b) Consistent Participation. A maximum of 35 points will be awarded to an applicant for consistent participation as a skipper in the Tanner crab pot fishery. For each landing period claimed under (1) or (2) of this subsection, the applicant must have had at least one day in that period with landings, as a skipper, for which Tanner crab represented at least 10 percent of the crab poundage delivered from the vessel that day. An applicant may claim points for consistent participation during a season for which the applicant meets the following specified standards: (1) 80-81 - 82-83 seasons. Points for consistent participation as a skipper may be claimed for the 80-81 season through the 82-83 season as shown in the following schedule: Season Landing Months Pounds/Season Points 82-83at least three weeks or7,100 pounds981-82at least five calendar 27,100 pounds9monthsor80-81at least five calendar 18,800 pounds9monthsor (2) Seasons before 80-81. Only an applicant entitled to some past participation points under (a)(1)(A) of this section may claim points for consistent participation as a skipper from the following schedule: Season Landing Months Pounds/Season Points 79-80at least five calendar 25,300 7monthspoundsor78-79at least five calendar 23,400 7monthspoundsor77-78at least five calendar 38,200 6monthspoundsor76-77at least five calendar 42,900 5monthspoundsor75-76at least five calendar 64,400 4monthspoundsor (c) Economic Dependence. A maximum of 35 points will be awarded an applicant for economic dependence in the Tanner crab pot fishery. Economic dependence points will be awarded only to applicants with a sum of annual catch values for the years 1980 - 1982 totaling at least $500. Economic dependence points will be computed as follows: (1) Relative income dependence. A skipper may claim a maximum of 20 points for relative income dependence upon the fishery according to the steps set out in (A) - (C) of this paragraph and the following point schedule: Income Dependence Percentage Points at least 40%20 at least 15% but less than 40%10 (A) For each of the years 1980 - 1982, take separately the applicant's annual catch value and the applicant's annual earnings from occupational income, as defined in 20 AAC 05.697; multiply each figure for each year by the following specified multiplier for that year: 1980 = .17 1981 = .33 1982 = .50 (B) Add the three resulting figures for the weighted annual catch value to determine the weighted average catch value. Separately add the figures for the weighted annual occupational income to determine the weighted average occupational income. (C) Divide the weighted average catch value by the sum of the weighted average catch value plus the weighted average occupational income, and multiply the quotient by 100 for the single income dependence percentage. (2) 7 points may be claimed for investment as of January 1, 1984, in a vessel that the applicant used or intended to use in the Tanner crab pot fishery. (3) 8 points may be claimed for ownership, as of January 1, 1984, of 25 or more geared crab pots that the applicant used or intended to use in the Tanner crab pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 1/30/87, Register 101

20 AAC 05.696 Commercial Fisheries Entry Commission

20 AAC 05.696. Designation of significant and minor hardship classifications for the Southeastern Alaska red and blue king crab pot fishery, brown king crab pot fishery, and Tanner crab pot fishery. (a) The commission designates the priority classifications 90 through 100 as classifications of applicants for the Southeastern Alaska red and blue king crab pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classification 0 - 43 as classifications of applicants for the Southeastern Alaska red and blue king crab pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 90 - 100 as classifications of applicants for the Southeastern Alaska brown king crab pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 43 as classifications of applicants for the Southeastern Alaska brown king crab pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (e) The commission designates the priority classifications 90 through 100 as classifications of applicants for the Southeastern Alaska Tanner crab pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (f) The commission designates the priority classifications 0 - 41 as classifications of applicants for the Southeastern Alaska Tanner crab pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 1/30/87, Register 101; am 12/31/2010, Register 196

20 AAC 05.697 Commercial Fisheries Entry Commission

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.

History

Authority: AS 16.43.100; AS 16.43.110(a)
Eff. 1/30/87, Register 101

20 AAC 05.701 Commercial Fisheries Entry Commission

20 AAC 05.701. Priority classification system for Northern Southeast Inside sablefish longline fishery, Southern Southeast Inside sablefish longline fishery, and Southern Southeast Inside sablefish pot fishery. (a) The commission finds that circumstances exist which require the use of the point systems in 20 AAC 05.703 - 20 AAC 05.713. (b) A point scale of 0 - 100 is established for the Northern Southeast Inside sablefish longline, the Southern Southeast Inside sablefish longline, and the Southern Southeast Inside sablefish pot fisheries, respectively. An eligible applicant may claim points on the basis of the applicant's past participation and economic dependence as of January 1, 1985.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 8/30/87, Register 103

20 AAC 05.703 Commercial Fisheries Entry Commission

20 AAC 05.703. General provisions relating to the Northern Southeast Inside sablefish longline, Southern Southeast Inside sablefish longline, and Southern Southeast Inside sablefish pot fisheries point systems. (a) Eligibility. The commission will accept an application only from an applicant who has harvested the fishery resource commercially while participating in the fishery as the holder of a gear license issued under AS 16.05.536 - 16.05.670 and an interim-use permit issued under AS 16.43.210(a) during at least one of the calendar years 1975 - 1984. (b) Joint Operators. If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's annual catch value and pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of equitably determining skipper participation points and relative income dependence points for each joint operator who is an applicant. The following will be used to make the allocations and determine points: (1) The pounds landed and annual catch value allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets) recorded under each applicant's interim-use permit unless it is demonstrated that those records do not accurately reflect the pounds landed and the annual catch value. (2) If the commission finds that the actual distributions of a joint operation's pounds landed and annual catch value among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed and annual catch value based on the available evidence. The sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel, and the sum of the annual catch values allocated to each joint operator will not exceed the total annual catch value of the vessel. (3) A skipper may challenge a commission finding that he or she engaged in a joint operation by requesting a hearing and, if a hearing is granted, presenting evidence as to their actual participation. (4) After the pounds landed and annual catch value of the joint operation have been allocated among the joint operators in accordance with (1) - (3) of this subsection, skipper participation points and relative income dependence points will be determined for each joint operator who was a skipper as defined in 20 AAC 05.713(9) as follows: (A) Skipper participation points will be determined in accordance with 20 AAC 05.705(a)(1), 20 AAC 05.707(a)(1), and 20 AAC 05.709(a)(1). (B) Relative income dependence points will be determined in accordance with 20 AAC 05.705(b)(2), 20 AAC 05.707(b)(2), and 20 AAC 05.709(b)(2). (c) Joint Ownership of Vessel. If an applicant shares in an investment in a vessel as of January 1, 1985, points awarded the applicant for investment in a vessel will be based on the applicant's relative percentage share of the total investment regardless of whether co-owners have applied for an entry permit. In such joint ownership situations, an individual applicant's percentage share of the total investment will be determined based on the evidence before the commission. Of the 15 available points, the percentage awarded to the applicant will equal the applicant's relative percentage share of the total investment in the vessel. (d) Extraordinary Circumstances. If extraordinary circumstances prevented an applicant from participating in the fishery in a given season, the commission will, in its discretion, award the applicant those points the applicant could reasonably have claimed but for the extraordinary circumstance. Extraordinary circumstances include temporary illness or disability, the loss of vessel or equipment through sinking, destruction, or extensive mechanical breakdown, and other similar objectively verifiable causes of non-participation. Extraordinary circumstances do not include, for example, voluntary or involuntary retirement from the fishery, permanent illness, permanent disability, or loss of the financial means to continue participation in the fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 8/30/87, Register 103

20 AAC 05.705 Commercial Fisheries Entry Commission

20 AAC 05.705. Point system for the Northern Southeast Inside sablefish longline fishery. (a) Past Participation. A maximum of 70 points will be awarded to an applicant for past participation. (1) Skipper participation points. (A) Skipper participation points may be claimed for a given season subject to the requirement that the applicant must have commercially harvested at least 2,000 pounds of sablefish in the fishery as a skipper. A rebuttable presumption exists that the applicant was a crewmember and not a skipper for that season if the applicant had only one day with landings in the fishery and the sablefish poundage from that day's landings represented less than 15 percent of the total sablefish poundage delivered from the vessel during that season in the fishery. (B) An applicant may claim skipper participation points for the 1982 - 1984 seasons as shown in the following schedule: Season Available Points 198418198317198216 (C) Only an applicant entitled to some skipper participation points under (B) of this paragraph may claim points from the following schedule: Season Available Points 19811519801419791319781219771119761019759 (2) Crewmember participation points. A maximum of 15 points will be awarded to an applicant for crewmember participation. An applicant will not receive both skipper participation points and crewmember participation points for the same season. (A) Crewmember participation points for a given season may be claimed under (B) of this paragraph, subject to the requirements (i) the applicant must be entitled to skipper participation points for 1982, 1983, or 1984; and (ii) the applicant must have participated on a vessel from which at least 2,000 pounds of sablefish were commercially harvested in the fishery in that season. (B) An applicant may claim three points for crewmember participation for each season from 1975 through 1984. (b) Economic Dependence. (1) Relative income dependence points and vessel investment points may be claimed under (2) and (3) of this subsection, respectively, subject to the requirement that the sum of the applicant's annual catch values for the years 1982 - 1984 is at least $2,000. (2) Relative income dependence points. (A) An applicant's income dependence percentage will be calculated by dividing the sum of the applicant's annual catch values for the years 1982 - 1984 by the combined sums of the applicant's annual catch values for the years 1982 - 1984 and the applicant's occupational income for the years 1982 - 1984, and then multiplying the quotient by 100. (B) An applicant may claim relative income dependence points as shown in the following schedule: Income Dependence Percentage Points at least 20%15 at least 10% but less than 20%10 (3) Vessel investment points. An applicant may claim 15 points for investment, as of January 1, 1985, in a vessel that the applicant used or intended to use in the Northern Southeast Inside sablefish longline fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e) Statutory Authority Authority: AS 16.43.100; AS 16.43.150(g)AS 16.43.180 AS 16.43.110(a)AS 16.43.170
Eff. 8/30/87, Register 103) (Eff. 11/13/94, Register 132

20 AAC 05.707 Commercial Fisheries Entry Commission

20 AAC 05.707. Point system for the Southern Southeast Inside sablefish longline fishery. (a) Past Participation. A maximum of 70 points will be awarded to an applicant for past participation. (1) Skipper participation points. (A) Skipper participation points may be claimed for a given season subject to the requirement that the applicant must have commercially harvested at least 1,000 pounds of sablefish in the fishery as a skipper. A rebuttable presumption exists that the applicant was a crewmember and not a skipper for that season if the applicant had only one day with landings in the fishery and the sablefish poundage from that day's landings represented less than 15 percent of the total sablefish poundage delivered from the vessel during that season in the fishery. (B) An applicant may claim skipper participation points for the 1982 - 1984 seasons as shown in the following schedule: Season Available Points 198418198317198216 (C) Only an applicant entitled to some skipper participation points under (B) of this paragraph may claim points from the following schedule: Season Available Points 19811519801419791319781219771119761019759 (2) Crewmember participation points. A maximum of 15 points will be awarded to an applicant for crewmember participation. An applicant will not receive both skipper participation points and crewmember participation points for the same season. (A) Crewmember participation points for a given season may be claimed under (B) of this paragraph, subject to the requirements that: (i) the applicant must be entitled to skipper participation points for 1982, 1983, or 1984; and (ii) the applicant must have participated on a vessel from which at least 1,000 pounds of sablefish were commercially harvested in the fishery in that season. (B) An applicant may claim 3 points for crewmember participation for each season from 1975 - 1984. (b) Economic Dependence. (1) Relative income dependence points and vessel investment points may be claimed under (2) and (3) of this subsection, respectively, subject to the requirement that the sum of the applicant's annual catch values for the years 1982 - 1984 is at least $1,000. (2) Relative income dependence points. (A) An applicant's income dependence percentage will be calculated by dividing the sum of the applicant's annual catch values for the years 1982 - 1984 by the combined sums of the applicant's annual catch values for the years 1982 - 1984 and the applicant's occupational income for the years 1982 - 1984, and then multiplying the quotient by 100. (B) An applicant may claim relative income dependence points as shown in the following schedule: Income Dependence Percentage Points at least 15%15 at least 5% but less than 15%10 (3) Vessel investment points. An applicant may claim 15 points for investment, as of January 1, 1985, in a vessel that the applicant used or intended to use in the Southern Southeast Inside sablefish longline fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e) Statutory Authority Authority: AS 16.43.100; AS 16.43.150 AS 16.43.110; AS 16.43.170
Eff. 8/30/87, Register 103) (Eff. 11/13/94, Register 132; am 12/29/2000, Register 156

20 AAC 05.709 Commercial Fisheries Entry Commission

20 AAC 05.709. Point system for the Southern Southeast Inside sablefish pot fishery. (a) Past Participation. A maximum of 70 points will be awarded to an applicant for past participation. (1) Skipper participation points. (A) Skipper participation points may be claimed for a given season subject to the requirement that the applicant must have commercially harvested at least 2,000 pounds of sablefish in the fishery as a skipper. A rebuttable presumption exists that the applicant was a crewmember and not a skipper for that season if the applicant had only one day with landings in the fishery and the sablefish poundage from that day's landings represented less than 15 percent of the total sablefish poundage delivered from the vessel during that season in the fishery. (B) An applicant may claim skipper participation points for the 1982 - 1984 seasons as shown in the following schedule: Season Available Points 198418198317198216 (C) Only an applicant entitled to some skipper participation points under (B) of this paragraph may claim points from the following schedule: Season Available Points 19811519801419791319781219771119761019759 (2) Crewmember participation points. A maximum of 15 points will be awarded to an applicant for crewmember participation. An applicant will not receive both skipper participation points and crewmember participation points for the same season. (A) Crewmember participation points for a given season may be claimed under (B) of this paragraph, subject to the requirements that: (i) the applicant must be entitled to skipper participation points for 1982, 1983, or 1984; and (ii) the applicant must have participated on a vessel from which at least 2,000 pounds of sablefish were commercially harvested in the fishery in that season. (B) An applicant may claim three points for crewmember participation for each season from 1975 through 1984. (b) Economic Dependence. (1) Relative income dependence points and vessel investment points may be claimed under (2) and (3) of this subsection, respectively, subject to the requirement that the sum of the applicant's annual catch values for the years 1982 - 1984 is at least $2,000. (2) Relative income dependence points. (A) An applicant's income dependence percentage will be calculated by dividing the sum of the applicant's annual catch values for the years 1982 - 1984 by the combined sums of the applicant's annual catch values for the years 1982 - 1984 and the applicant's occupational income for the years 1982 - 1984, and then multiplying the quotient by 100. (B) An applicant may claim relative income dependence points as shown in the following schedule: Income Dependence Percentage Points at least 20%15 at least 10% but less than 20%10 (3) Vessel investment points. An applicant may claim 15 points for investment, as of January 1, 1985, in a vessel that the applicant used or intended to use in the Southern Southeast Inside sablefish pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 8/30/87, Register 103

20 AAC 05.711 Commercial Fisheries Entry Commission

20 AAC 05.711. Designation of significant and minor hardship classifications for the Northern Southeast Inside sablefish longline fishery, Southern Southeast Inside sablefish longline fishery, and Southern Southeast Inside sablefish pot fishery. (a) The commission designates the priority classifications 81 - 100 as classifications of applicants for the Northern Southeast Inside sablefish longline fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 48 as classifications of applicants for the Northern Southeast Inside sablefish longline fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 81 - 100 as classifications of applicants for the Southern Southeast Inside sablefish longline fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 48 as classifications of applicants for the Southern Southeast Inside sablefish longline fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (e) The commission designates the priority classifications 81 - 100 as classifications of applicants for the Southern Southeast Inside sablefish pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (f) The commission designates the priority classifications 0 - 48 as classifications of applicants for the Southern Southeast Inside sablefish pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 8/30/87, Register 103; am 12/31/2010, Register 196

20 AAC 05.713 Commercial Fisheries Entry Commission

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.

History

Authority: AS 16.43.100; AS 16.43.110(a)
Eff. 8/30/87, Register 103

20 AAC 05.715 Commercial Fisheries Entry Commission

20 AAC 05.715. Priority classification system for Prince William Sound herring spawn on kelp pound fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.717 for the Prince William Sound herring spawn on kelp pound fishery. (b) A point scale of 0 - 2 is established for the Prince William Sound herring spawn on kelp pound fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 11/1/87, Register 104

20 AAC 05.717 Commercial Fisheries Entry Commission

20 AAC 05.717. Point system for the Prince William Sound herring spawn on kelp pound fishery. (a) Past Participation. The commission will award one point to an applicant for past participation in the fishery during any year 1980 - 1986. (b) The commission will award one point for economic dependence on the fishery to an applicant who can demonstrate income from past participation under (a) of this section. (c) In this section, "past participation" means active involvement in a herring pound operation by an individual who held the interim-use permit required by the Commercial Fisheries Entry Commission, who was actively engaged in the harvest of herring spawn on kelp from pounds in a manner consistent with the governing regulations and requirements of the Alaska Department of Fish and Game, including having held a pound permit and having received a quota allocation, and who shared in the earnings from that harvest.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 11/1/87, Register 104

20 AAC 05.719 Commercial Fisheries Entry Commission

20 AAC 05.719. Designation of significant and minor hardship classifications for the Prince William Sound herring spawn on kelp pound fishery. (a) The commission designates the priority classification two as the classification of applicants for the Prince William Sound herring spawn on kelp pound fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 and 1 as classifications of applicants for the Prince William Sound herring spawn-on-kelp pound fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 11/1/87, Register 104; am 12/31/2010, Register 196

20 AAC 05.722 Commercial Fisheries Entry Commission

20 AAC 05.722. Priority classification systems for Norton Sound herring gillnet fishery, Norton Sound herring beach seine fishery, Cape Romanzof herring gillnet fishery, Nelson Island herring gillnet fishery, and Nunivak Island herring gillnet fishery. (a) The commission finds that circumstances exist that require the use of the point systems in 20 AAC 05.722 - 20 AAC 05.742. (b) A point scale of 0 - 100 is established for the Norton Sound herring gillnet fishery, the Norton Sound herring beach seine fishery, the Cape Romanzof herring gillnet fishery, and the Nelson Island herring gillnet fishery, respectively. An eligible applicant may claim points on the basis of the applicant's past participation and economic dependence as of January 1, 1987. (c) A point scale of 0 - 100 is established for the Nunivak Island herring gillnet fishery. An eligible applicant may claim points on the basis of the applicant's past participation and economic dependence as of January 1, 1988.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.724 Commercial Fisheries Entry Commission

20 AAC 05.724. General provisions relating to point systems for the Norton Sound herring gillnet fishery, the Norton Sound herring beach seine fishery, the Cape Romanzof herring gillnet fishery, the Nelson Island herring gillnet fishery, and the Nunivak Island herring gillnet fishery. (a) Participation Points Restrictions. An applicant will not receive (1) both crewmember participation points and captain participation points in the same fishery for the same season; (2) both crewmember participation points and extraordinary circumstances points in the same fishery for the same season; (3) any participation points in any year in which the applicant violated herring superexclusive use regulations specified in 5 AAC 27.899 or 5 AAC 27.987. (b) Extraordinary Circumstances. If extraordinary circumstances prevented an applicant from participating in the fishery in a given season, the commission will, in its discretion, award the applicant those points the applicant could reasonably have claimed but for the extraordinary circumstance. Extraordinary circumstances include temporary illness or disability, the loss of vessel or equipment through sinking, destruction, or extensive mechanical breakdown, and other similar objectively verifiable causes of non-participation. Extraordinary circumstances do not include, for example, voluntary or involuntary retirement from the fishery, permanent illness, permanent disability, inadequate financial means to enter or to continue participation in the fishery, or ordinary weather conditions.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.726 Commercial Fisheries Entry Commission

20 AAC 05.726. Point system for the Cape Romanzof herring gillnet fishery. (a) Past Participation Points. A maximum of 90 points will be awarded to an applicant for past participation in the Cape Romanzof herring gillnet fishery. (1) Captain participation points. (A) Captain participation points may be claimed for the 1984 - 1986 seasons, as shown on the following schedule: Season Available Points 198638198534198430 (B) Only an applicant entitled to points under (A) of this paragraph may claim points for participation as a captain in earlier seasons from the following schedule: Season Available Points 198326198222198118198014 (2) Crewmember participation points. Only an applicant entitled to points under (1)(A) of this subsection may claim points for participation as a crewmember from the following schedule: Season Available Points 198610198591984819837198261981519804 (b) Economic Dependence: Vessel Investment Points. An applicant may claim a maximum of 10 points for ownership, as of January 1, 1987, of a vessel that the applicant used or intended to use in the Cape Romanzof herring gillnet fishery. If more than one applicant claims ownership of the same vessel, the commission will, in its discretion, divide the available points between the applicants according to each applicant's relative share of the vessel ownership. Vessel investment points may be claimed under this subsection only if the applicant qualifies for captain participation points under (a)(1)(A) of this section.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.728 Commercial Fisheries Entry Commission

20 AAC 05.728. Point system for the Norton Sound herring gillnet fishery. (a) Past Participation Points. A maximum of 90 points will be awarded to an applicant for past participation in the Norton Sound herring gillnet fishery. (1) Captain participation points. (A) Captain participation points may be claimed for the 1984 - 1986 seasons, as shown on the following schedule: Season Available Points 198638198534198430 (B) Only an applicant entitled to points under (A) of this paragraph may claim points for participation as a captain in earlier seasons from the following schedule: Season Available Points 1983261982221981181980141979101978619772 (2) Crewmember participation points. Only an applicant entitled to points under (1)(A) of this subsection may claim points for participation as a crewmember from the following schedule: Season Available Points 198610198591984819837198261981519804197931978219771 (b) Economic Dependence: Vessel Investment Points. An applicant may claim a maximum of 10 points for ownership, as of January 1, 1987, of a vessel that the applicant used or intended to use in the Norton Sound herring gillnet fishery. If more than one applicant claims ownership of the same vessel, the commission will, in its discretion, divide the available points between the applicants according to each applicant's relative share of the vessel ownership. Vessel investment points may be claimed under this subsection only if the applicant qualifies for captain participation points under (a)(1)(A) of this section.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.732 Commercial Fisheries Entry Commission

20 AAC 05.732. Point system for the Norton Sound herring beach seine fishery. (a) Past Participation Points. A maximum of 90 points will be awarded to an applicant for past participation in the Norton Sound herring beach seine fishery. (1) Captain participation points. (A) Captain participation points may be claimed for the 1984 - 1986 sessions, as shown on the following schedule: Season Available Points 198638198534198430 (B) Only an applicant entitled to points under (A) of this paragraph may claim points for participation as a captain in earlier seasons from the following schedule: Season Available Points 1983261982221981181980141979101978619772 (2) Crewmember participation points. Only an applicant entitled to points under (1)(A) of this subsection may claim points for participation as a crewmember from the following schedule: Season Available Points 198610198591984819837198261981519804197931978219771 (b) Economic Dependence: Vessel Investment Points. An applicant may claim a maximum of 10 points for ownership, as of January 1, 1987, of a vessel that the applicant used or intended to use in the Norton Sound herring beach seine fishery. If more than one applicant claims ownership of the same vessel, the commission will, in its discretion, divide the available points between the applicants according to each applicant's relative share of the vessel ownership. Vessel investment points may be claimed under this subsection only if the applicant qualifies for captain participation points under (a)(1)(A) of this section.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.734 Commercial Fisheries Entry Commission

20 AAC 05.734. Point system for the Nelson Island herring gillnet fishery. (a) Past Participation Points. A maximum of 90 points will be awarded to an applicant for past participation in the Nelson Island herring gillnet fishery. (1) Captain participation points. Captain participation points may be claimed for the 1985 and 1986 seasons, as shown on the following schedule: Season Available Points 198656198548 (2) Crewmember participation points. Crewmember participation points may be claimed for the 1985 and 1986 seasons, as shown on the following schedule: Season Available Points 198614198512 (b) Economic Dependence: Vessel Investment Points. An applicant may claim a maximum of 10 points for ownership, as of January 1, 1987, of a vessel that the applicant used or intended to use in the Nelson Island herring gillnet fishery. If more than one applicant claims ownership of the same vessel, the commission will, in its discretion, divide the available points between the applicants according to each applicant's relative share of the vessel ownership. Vessel investment points may be claimed under this subsection only if the applicant qualifies for captain participation points under (a)(1) of this section.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/25/89, Register 112

20 AAC 05.736 Commercial Fisheries Entry Commission

20 AAC 05.736. Point system for the Nunivak Island herring gillnet fishery. (a) Past Participation Points. A maximum of 90 points will be awarded to an applicant for past participation in the Nunivak Island herring gillnet fishery. (1) Captain participation points. Captain participation points may be claimed for the 1985 - 1987 seasons, as shown on the following schedule: Season Available Points 198738198634198530 (2) Crewmember participation points. Crewmember participation points may be claimed for the 1985 - 1987 seasons, as shown on the following schedule: Season Available Points 1987101986919858 (b) Economic Dependence: Vessel Investment Points. An applicant may claim a maximum of 10 points for ownership, as of January 1, 1988, of a vessel that the applicant used or intended to use in the Nunivak Island herring gillnet fishery. If more than one applicant claims ownership of the same vessel, the commission will, in its discretion, divide the available points between the applicants according to each applicant's relative share of the vessel ownership. Vessel investment points may be claimed under this subsection only if the applicant qualifies for captain participation points under (a)(1) of this section.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 10/25/89, Register 112; am 4/7/95, Register 134

20 AAC 05.738 Commercial Fisheries Entry Commission

20 AAC 05.738. Designation of significant and minor hardship classifications for the Norton Sound herring gillnet fishery, Norton Sound herring beach seine fishery, Cape Romanzof herring gillnet fishery, Nelson Island herring gillnet fishery, and Nunivak Island herring gillnet fishery. (a) The commission designates the priority classifications 74 - 100 as classifications of applicants for the Norton Sound herring gillnet fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 48 as classifications of applicants for the Norton Sound herring gillnet fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classification 100 as the classification of applicants for the Norton Sound herring beach seine fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 34 as classifications of applicants for the Norton Sound herring beach seine fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (e) The commission designates the priority classifications 74 - 100 as classifications of applicants for the Cape Romanzof herring gillnet fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (f) The commission designates the priority classifications 0 - 48 as classifications of applicants for the Cape Romanzof herring gillnet fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (g) The commission designates the priority classifications 90 - 100 as classifications of applicants for the Nelson Island herring gillnet fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (h) The commission designates the priority classifications 0 - 54 as classifications of applicants for the Nelson Island herring gillnet fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (i) The commission designates the priority classifications 74 - 100 as classifications of applicants for the Nunivak Island herring gillnet fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (j) The commission designates the priority classifications 0 - 38 as classifications of applicants for the Nunivak Island herring gillnet fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 11/4/89, Register 112; am 12/31/2010, Register 196

20 AAC 05.742 Commercial Fisheries Entry Commission

20 AAC 05.742. Definitions for 20 AAC 05.722 - 20 AAC 05.742. In 20 AAC 05.722 - 20 AAC 05.742, unless otherwise specified, (1) "captain" 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; (B) used a vessel that was validly licensed as a commercial fishing vessel under AS 16.05.490 at the time the fishing operation occurred; (C) had a valid interim use permit for the fishery at the time the participation occurred; and (D) was in compliance with existing fishing statutes and regulations; (2) "crewmember" means an individual, other than the captain, who (A) was physically present when the fishing operation occurred; and (B) assisted and participated in the fishing operation under the supervision of the captain; and (C) held a valid crewmember license or interim use permit at the time the participation occurred; and (D) was in compliance with existing fishing statutes and regulations; (3) "participation" means active engagement in a commercial fishing operation that harvested and sold the herring resource in the fishery for which the applicant is applying, where the fishing operation was in compliance with existing fishing statutes and regulations at the time the operation occurred, and where the herring sales were in accordance with regulations governing the sale or use of commercially caught herring at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen.

History

Authority: AS 16.43.100; AS 16.43.110(a) Statutory Authority Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.170
Eff. 10/25/89, Register 112) (Eff. 11/13/94, Register 132

20 AAC 05.744 Commercial Fisheries Entry Commission

20 AAC 05.744. General provisions relating to Bristol Bay (Togiak) herring spawn-on-kelp fishery point system. To be eligible to apply for an entry permit for the fishery, an individual must have commercially harvested the fishery resource while participating in the fishery as a holder of an interim-use permit issued under AS 16.43.210(a) during at least one of the years 1985 - 1988.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 12/30/89, Register 112

20 AAC 05.745 Commercial Fisheries Entry Commission

20 AAC 05.745. Priority classification system for the Bristol Bay (Togiak) herring spawn on kelp fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.748 for the Bristol Bay (Togiak) herring spawn on kelp fishery. (b) A point scale of 0 - 12 is established for the Bristol Bay (Togiak) herring spawn on kelp fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110(a)AS 16.43.260(e)
Eff. 3/8/91, Register 117

20 AAC 05.748 Commercial Fisheries Entry Commission

20 AAC 05.748. Point system for the Bristol Bay (Togiak) herring spawn on kelp fishery. (a) The commission will award points to an applicant for past participation in and economic dependence on the Bristol Bay (Togiak) herring spawn on kelp fishery as shown on the following schedule: Season Available Points 198851987419863 (b) In this section, "past participation and economic dependence" mean active involvement in a Bristol Bay (Togiak) herring spawn on kelp operation by an individual who held the interim-use permit required by the commission, who actively engaged in the commercial harvest of herring spawn on kelp in a manner consistent with the governing regulations and requirements of the Alaska Department of Fish and Game, and who derived earnings from the fishery.

History

Authority: AS 16.43.100; AS 16.43.250(a) AS 16.43.110; AS 16.43.260(e)
Eff. 3/8/91, Register 117

20 AAC 05.751 Commercial Fisheries Entry Commission

20 AAC 05.751. Designation of significant and minor hardship classifications for the Bristol Bay (Togiak) herring spawn on kelp fishery. (a) The commission designates the priority classifications 7 - 12 as the classifications of applicants for the Bristol Bay (Togiak) herring spawn on kelp fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 3 as classifications of applicants for the Bristol Bay (Togiak) herring spawn-on-kelp fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 3/8/91, Register 117; am 12/31/2010, Register 196

20 AAC 05.753 Commercial Fisheries Entry Commission

20 AAC 05.753. General provisions relating to Cook Inlet Dungeness crab pot and ring net fisheries. To be eligible to apply for an entry permit in either the Cook Inlet Dungeness crab pot fishery or ring net fishery, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210(a) during at least one of the years 1988 - 1992.

History

Authority: AS 16.43.100; AS 16.43.110(a)AS 16.43.260(a)
Eff. 11/14/93, Register 128

20 AAC 05.755 Commercial Fisheries Entry Commission

20 AAC 05.755. Priority classification system for the Cook Inlet Dungeness crab pot and ring net fisheries. (a) The commission finds that special circumstances exist requiring the use of the point systems in 20 AAC 05.757 - 20 AAC 05.758 for the Cook Inlet Dungeness crab pot fishery and the Cook Inlet Dungeness crab ring net fishery. (b) A point scale of 0 - 21 is established for the Cook Inlet Dungeness crab pot fishery. (c) A point scale of 0 - 14 is established for the Cook Inlet Dungeness crab ring net fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 1/26/96, Register 137

20 AAC 05.757 Commercial Fisheries Entry Commission

20 AAC 05.757. Point system for the Cook Inlet Dungeness crab pot fishery. (a) The commission will award a maximum of 21 points to an applicant for past participation in, and economic dependence on, the Cook Inlet Dungeness crab pot fishery as follows: (1) Applicants who harvested and sold at least 1,000 pounds of Dungeness crab from the fishery over the 1988 - 1992 time period will be awarded points for seasons in which they participated in accordance with the following schedule: Season Available Points 1992121991No Fishery199091989619883 (2) Applicants who harvested and sold less than 1,000 pounds of Dungeness crab from the fishery over the 1988 - 1992 time period will be awarded points for seasons in which they participated in accordance with the following schedule: Season Available Points 199221991No Fishery199021989119881 (b) In this section, "harvested and sold" means active involvement in a commercial fishing operation by an individual who held both the interim-use permit required by the commission for this fishery and who captured, delivered, and sold the crab resource in accordance with regulations governing the sale of commercially caught species, including regulations that require the proper completion of reports required of processors, buyers, and fishermen.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 1/26/96, Register 137

20 AAC 05.758 Commercial Fisheries Entry Commission

20 AAC 05.758. Point system for the Cook Inlet Dungeness crab ring net fishery. (a) The commission will award a maximum of 14 points to an applicant for past participation in, and economic dependence on, the Cook Inlet Dungeness crab ring net fishery. Applicants who harvested and sold Dungeness crab from the fishery over the 1988 - 1992 time period will be awarded points for seasons in which they participated in accordance with the following schedule: Season Available Points 199281991No Fishery199061989419882 (b) In this section, "harvested and sold" means active involvement in a commercial fishing operation by an individual who held both the interim-use permit required by the commission for this fishery and who captured, delivered, and sold the crab resource in accordance with regulations governing the sale of commercially caught species, including regulations that require the proper completion of reports required of processors, buyers, and fishermen.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 1/26/96, Register 137

20 AAC 05.760 Commercial Fisheries Entry Commission

20 AAC 05.760. Designation of significant and minor hardship classifications for the Cook Inlet Dungeness crab pot and ring net fisheries. (a) The commission designates the priority classifications 9 - 21 as the classifications of applicants for the Cook Inlet Dungeness crab pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 2 as classifications of applicants for the Cook Inlet Dungeness crab pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 6 - 14 as the classifications of applicants for the Cook Inlet Dungeness crab ring net fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 1 as classifications of applicants for the Cook Inlet Dungeness crab ring net fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250 Statutory Authority Authority: AS 16.43.110
Eff. 1/26/96, Register 137; am 12/31/2010, Register 196) (Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 10/28/84, Register 92

20 AAC 05.762 Commercial Fisheries Entry Commission

20 AAC 05.762. General provisions relating to Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries. (a) To be eligible to apply for an entry permit in the Southeastern Alaska Dungeness crab pot, ring net, or diving gear fisheries, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during the January 1, 1988 - January 2, 1992 time period, and satisfied at least one of the relevant quantity requirements set forth in 20 AAC 05.1012(2)(A) - (2)(C), 20 AAC 05.1014(2)(A) - (2)(C), or 20 AAC 05.1016. (b) Pounds landed attributed to an applicant on January 1 and January 2, 1992, will be added to the applicant's total poundage for 1991 for the purpose of calculating the applicant's past participation and consistent participation. (c) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of equitably determining past participation and consistent participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points: (1) the pounds landed allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the pounds landed; (2) if the commission finds the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed based on the available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel; (3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation and consistent participation points will be determined for each joint operator as follows: (A) past participation will be determined in accordance with 20 AAC 05.768(a), 20 AAC 05.769, and 20 AAC 05.770; (B) consistent participation will be determined in accordance with 20 AAC 05.768(b).

History

Authority: AS 16.43.100; AS 16.43.227; AS 16.43.260 AS 16.43.110; AS 16.43.250
Eff. 12/14/95, Register 136; am 8/9/96, Register 139

20 AAC 05.764 Commercial Fisheries Entry Commission

20 AAC 05.764. Fishing capacity restrictions for Southeast Alaska Dungeness crab pot permits. (a) Interim use permits issued under AS 16.43.210 and entry permits for the Southeastern Alaska Dungeness crab pot fishery will have restrictions on the number of pots that the permit holder can use in the fishery. These restrictions will be based upon the participation of the applicant in the fishery before the qualification date. (1) a permit will be restricted to one of the following tier-levels: Tier- LevelMaximum Pots the Permit Holder Can UseA300 pots or 100% of the board's maximum, whichever is lessB225 pots or 75% of the board's maximum, whichever is lessC150 pots or 50% of the board's maximum, whichever is lessD75 pots or 25% of the board's maximum, whichever is less (2) tier-level pot restrictions placed on limited entry permits at initial issuance will remain with the permit thereafter. (b) The tier-level pot restrictions will be assigned based upon the applicant's past participation in the fishery as a permit holder over the January 1, 1988 - January 2, 1992 time period as follows: (1) tier-level calculations will be based upon the applicant's cumulative commercial harvest of Dungeness crab during the January 1, 1988 - January 2, 1992 time period; (2) the applicant's cumulative commercial harvest of Dungeness crab from the fishery, excluding deadloss, will be compared with thresholds established under paragraph (3) of this subsection to determine an applicant's final tier-level; (3) cumulative pounds harvested "thresholds" are established as follows: Cumulative Pounds Minimum Threshold LevelsTier ATier BTier CTier D75,000 pounds or greaterLess than 75,000 pounds but greater than or equal to 35,000Less than 35,000 pounds or greater than or equal to 10,000 poundsLess than 10,000 pounds (4) the following procedures will be used to assign a tier-level to an applicant's interim-use or entry permit: (A) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was greater than or equal to 75,000 pounds, the applicant's tier-level will be tier-level A; (B) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 75,000 pounds but greater than or equal to 35,000 pounds, the applicant's tier-level will be tier-level B; (C) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 35,000 pounds but greater than or equal to 10,000 pounds, the applicant's tier-level will be tier-level C; and (D) if an applicant's cumulative pounds harvested during the January 1, 1988 - January 2, 1992 time period was less 10,000 pounds, the applicant's tier-level will be tier-level D.

History

Authority: AS 16.43.100; AS 16.43.210 AS 16.43.110; AS 16.43.270
Eff. 12/14/95, Register 136

20 AAC 05.765 Commercial Fisheries Entry Commission

20 AAC 05.765. Provisions relating to a joint operation in the Southeast Dungeness crab pot fishery for the purpose of calculating tier levels. Joint Operators. If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed for that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of determining a tier-level for each joint operator who is an applicant. The following will be used to make the allocations and assign a tier level: (1) the pounds allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets) recorded under each applicant's interim-use permit unless it is demonstrated that those records do not accurately reflect the pounds landed; (2) if the commission finds that the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed based upon the available evidence; the sum of the pounds allocated to each joint operator will not exceed the total pounds landed from the vessel; (3) after the pounds landed have been allocated among the joint operators in accordance with (1) - (3) of this section, a tier-level will be determined in accordance with 20 AAC 05.764.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.270
Eff. 12/30/82, Register 84; repealed 11/13/94, Register 132) (Eff. 12/14/95, Register 136

20 AAC 05.766 Commercial Fisheries Entry Commission

20 AAC 05.766. Definitions. In 20 AAC 05.762 - 20 AAC 05.771, unless otherwise specified, (1) "board's maximum" means the maximum amount of Dungeness crab pots that the Board of Fisheries allows to be used from a vessel in Southeastern Alaska under 5 AAC 32.125 or any other board regulations; (2) "joint operation" means a partnership or any other agreement by which two or more individuals function as joint operators; (3) "joint operator" means a partner or other party to an agreement by which two or more individuals are physically present on, and participate from, the same vessel and are in control or joint control of the commercial fishing operation; (4) "participation" means the applicant was physically present on a vessel registered for the Southeastern Dungeness crab fishery under 5 AAC 32.020 and licensed for commercial fishing under AS 16.05.490, had a valid interim-use permit for the fishery, and actively engaged in a commercial fishing operation that harvested and sold the Dungeness crab resource, and where the crab sales were in accordance with regulations governing the sale or use of commercially caught crab applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishers; (5) "statistical week" means a time period used by the Department of Fish and Game for statistical comparisons and summaries; the first statistical week of a year starts on the first day of January and ends on the first Saturday in January; all other statistical weeks within the year start on Sunday; (6) "week" means any statistical week during which an applicant made an authorized commercial harvest and delivery of Dungeness crab in the fishery for which the permit is sought.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.270
Eff. 12/14/95, Register 136; am 8/9/96, Register 139

20 AAC 05.767 Commercial Fisheries Entry Commission

20 AAC 05.767. Priority classification system for Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries. (a) The commission finds that special circumstances exist requiring the use of the point systems in 20 AAC 05.768 - 20 AAC 05.770 for the Southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries. (b) A point scale of (1) 0 - 66 is established for the Southeastern Alaska Dungeness crab pot fishery; (2) 0 - 12 is established for the Southeastern Alaska Dungeness crab ring net fishery; and (3) 0 - 12 is established for the Southeastern Alaska Dungeness crab diving gear fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 8/9/96, Register 139

20 AAC 05.768 Commercial Fisheries Entry Commission

20 AAC 05.768. Point system for the Southeastern Alaska Dungeness crab pot fishery. (a) Past Participation and Economic Dependence. The commission will award a maximum of 36 points to an applicant for participation in, and economic dependence on, the Southeastern Alaska Dungeness crab pot fishery. Applicants who harvested and sold Dungeness crab from the fishery over the January 1, 1988 - January 2, 1992 time period will be awarded points for the years in which they participated according to the poundage threshold established for each year, as follows: YearPounds/YearPoints 1991 At least 1,900 pounds26Less than 1,900 pounds111990At least 800 pounds19Less than 800 pounds 81989At least 500 pounds12Less than 500 pounds 51988At least 1,000 pounds 5Less than 1,000 pounds 2 (b) Consistent Participation and Economic Dependence . The commission will award a maximum of 30 points to an applicant for consistent participation and economic dependence based on the number of statistical weeks of the year in which the applicant commercially harvested the resource as a gear operator or based on the total poundage the applicant commercially harvested in a year, as follows: YearWeeks of Participation, orPounds/YearPoints1991at least eight weeks, or13,600 pounds201990at least eight weeks, or 8,100 pounds151989at least six weeks, or 6,000 pounds101988at least eight weeks, or10,900 pounds5

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 8/9/96, Register 139

20 AAC 05.769 Commercial Fisheries Entry Commission

20 AAC 05.769. Point system for the Southeastern Alaska Dungeness crab ring net fishery. The commission will award a maximum of 12 points to an applicant for past participation in, and economic dependence on, the Southeastern Alaska ring net fishery. Applicants who harvested and sold Dungeness crab from the fishery over the January 1, 1988 - January 2, 1992 time period will be awarded points for the years in which they participated according to the poundage threshold established for each year, as follows: YearPounds/YearPoints1991At least 1,800 pounds8 Less than 1,800 pounds41990At least 500 pounds6 Less than 500 pounds31989At least 500 pounds4 Less than 500 pounds21988At least 500 pounds2 Less than 500 pounds1

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 8/9/96, Register 139

20 AAC 05.770 Commercial Fisheries Entry Commission

20 AAC 05.770. Point system for the Southeastern Alaska Dungeness crab diving gear fishery. The commission will award a maximum of 12 points to an applicant for past participation in, and economic dependence on, the Southeastern Alaska diving gear fishery. Applicants who harvested and sold Dungeness crab from the fishery over the January 1, 1988 - January 2, 1992 time period will be awarded points for the years in which they participated, as follows: YearPoints19918199061989419882

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100; AS 16.43.150; AS 16.43.180 AS 16.43.110; AS 16.43.170
Eff. 8/9/96, Register 139) (Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 2/29/84, Register 89; am 12/29/84, Register 92; am 11/13/94, Register 132; am 6/25/2020, Register 234; am 3/26/2021, Register 237

20 AAC 05.771 Commercial Fisheries Entry Commission

20 AAC 05.771. Designation of significant and minor hardship classifications for the southeastern Alaska Dungeness crab pot, ring net, and diving gear fisheries. (a) The commission designates the priority classifications 46 - 66 as classifications of applicants for the Southeastern Alaska Dungeness crab pot fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 26 as classifications of applicants for the Southeastern Alaska Dungeness crab pot fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 10 - 12 as classifications of applicants for the Southeastern Alaska Dungeness ring net fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 9 as classifications of applicants for the Southeastern Alaska Dungeness ring net fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (e) The commission designates the priority classifications 10 - 12 as classifications of applicants for the Southeastern Alaska Dungeness diving gear fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (f) The commission designates the priority classifications 0 - 8 as classifications of applicants for the Southeastern Alaska Dungeness diving gear fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 8/9/96, Register 139; am 12/31/2010, Register 196

20 AAC 05.772 Commercial Fisheries Entry Commission

20 AAC 05.772. General provisions relating to Southeastern Alaska shrimp pot fishery. (a) To be eligible to apply for an entry permit in the Southeastern Alaska shrimp pot fishery, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during at least one of the years from 1991 through 1995. (b) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed from the vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of determining past participation and consistent participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points: (1) the pounds landed allocated to each individual who is party to the joint operation will be based on ADF&G catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the pounds landed; (2) if the commission finds that the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the joint operation's pounds landed based on available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel; (3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation and consistent participation points will be determined for each joint operator as follows: (A) past participation and economic dependence will be determined in accordance with 20 AAC 05.774(a); (B) consistent participation and economic dependence will be determined in accordance with 20 AAC 05.774(b).

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 1/2/96, Register 136; am 12/4/96, Register 140

20 AAC 05.773 Commercial Fisheries Entry Commission

20 AAC 05.773. Priority classification system for the Southeastern Alaska shrimp pot fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.774 for the Southeastern Alaska shrimp pot fishery. (b) A point scale of 0 - 58 is established for the Southeastern Alaska shrimp pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 12/4/96, Register 140

20 AAC 05.774 Commercial Fisheries Entry Commission

20 AAC 05.774. Point system for the Southeastern Alaska shrimp pot fishery. (a) Past Participation and Economic Dependence. The commission will award a maximum of 36 points to an applicant for participation in, and economic dependence on, the Southeastern Alaska shrimp pot fishery as follows: (1) the commission will award a maximum of 30 points to applicants who commercially harvested shrimp caught with pot gear from the fishery over the January 1, 1991 - December 31, 1995 time period based on the years in which they participated according to the poundage thresholds established for each year as follows: YearPounds/YearPoints At least 1,800 pounds121995At least 200 pounds, but less than 1,800 pounds8Less than 200 pounds4At least 2,400 pounds121994At least 230 pounds, but less than 2,400 pounds8Less than 230 pounds4At least 2,150 pounds91993At least 300 pounds, but less than 2,150 pounds6Less than 300 pounds3At least 1,590 pounds61992At least 300 pounds, but less than 1,590 pounds4Less than 300 pounds2At least 1,950 pounds31991At least 330 pounds, but less than 1,950 pounds2Less than 330 pounds1 (2) the commission will award 2 points to an applicant who commercially harvested at least 10,000 pounds of shrimp caught with pot gear over the 1991 - 1995 time period; and (3) the commission will award 4 points to an applicant who commercially harvested shrimp caught with pot gear in at least three calendar years from 1991 - 1995. (b) Consistent Participation and Economic Dependence. The commissioner will award a maximum of 22 points to an applicant for consistent participation and economic dependence based on the number of statistical weeks of the year in which the applicant commercially harvested the resource as a gear operator or based on the total poundage the applicant commercially harvested in a year as follows: YearWeeks of Participation, orPounds/YearPoints1995at least seven weeks, or3,250 pounds101994at least seven weeks, or3,950 pounds101993at least seven weeks, or3,400 pounds71992at least seven weeks, or2,650 pounds41991at least nine weeks, or4,600 pounds1

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 12/4/96, Register 140

20 AAC 05.775 Commercial Fisheries Entry Commission

20 AAC 05.775. Designation of significant and minor hardship classifications for the Southeastern Alaska shrimp pot fishery. (a) The commission designates the priority classifications 38 - 58 as classifications of applicants for the Southeastern Alaska shrimp pot fishery who would suffer significant economic hardship if they do not get a permit from the state, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 22 as classifications of applicants for the Southeastern Alaska shrimp pot fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed on the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 12/4/96, Register 140; am 12/31/2010, Register 196

20 AAC 05.776 Commercial Fisheries Entry Commission

20 AAC 05.776. Definitions. In 20 AAC 05.772 - 20 AAC 05.775, unless otherwise specified, (1) "commercially harvested" means the lawful taking and selling of shrimp caught with pot gear by an interim-use permit holder from a vessel registered for the Southeastern Alaska shrimp pot fishery under 5 AAC 31.020 and licensed for commercial fishing under AS 16.05.490, where the shrimp sales were in accordance with regulations governing the sale or use of commercially caught shrimp applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishers; "commercially harvested" does not include deadloss, shrimp retained for personal use, shrimp caught as bycatch or from experimental or exploratory fisheries, or shrimp that is confiscated or donated; (2) "joint operation" means a partnership or any other agreement by which two or more individuals function as joint operators; (3) "joint operators" means a partner or other party to an agreement by which two or more individuals are physically present on, and participate from, the same vessel and are in control or joint control of the commercial fishing operation; (4) "participation" means the applicant was physically present on a vessel registered for the Southeastern Alaska shrimp pot fishery under 5 AAC 31.020 and licensed for commercial fishing under AS 16.05.490, had a valid interim-use permit for the fishery, and actively engaged in a commercial fishing operation that commercially harvested the shrimp resource with pots; (5) "pounds" means actual pounds of whole shrimp recorded on fish tickets, if the weight for shrimp tails is recorded on fish tickets, pounds of whole shrimp is calculated by multiplying tail weight by the Department of Fish and Game's conversion factor of 1.67 for all shrimp species and all size classes of shrimp; (6) "statistical week" means a time period used by the Department of Fish and Game for statistical comparisons and summaries; the first statistical week of a year starts on the first day of January and ends on the first Saturday in January; all other statistical weeks within the year start on Sunday; and (7) "week" means any statistical week during which an applicant made an authorized commercial harvest and delivery of shrimp caught with pot gear in the fishery for which the permit is sought.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.270
Eff. 12/4/96, Register 140

20 AAC 05.778 Commercial Fisheries Entry Commission

20 AAC 05.778. General provisions relating to Prince William Sound sablefish fixed gear, pot gear, and net gear fisheries. (a) To be eligible to apply for an entry permit in the Prince William Sound sablefish fixed gear, pot gear, or net gear fisheries, an individual must have legally harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during at least one of the years 1991 - 1994. (b) If two or more individuals acted as joint operators on the same vessel during a season, the commission will allocate the joint operation's pounds landed from that vessel among the joint operators, regardless of whether all joint operators apply for an entry permit, for the purposes of determining past participation for each joint operator who is an applicant. The following will be used to make the allocations and determine points: (1) the pounds landed allocated to each individual who is party to the joint operation will be based upon ADF&G catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the pounds landed; (2) if the commission finds the actual distributions of a joint operation's pounds landed among the joint operators differed from that shown on ADF&G catch records (fish tickets), the commission will determine each joint operator's share of the operation's pounds landed based on the available evidence; the sum of the pounds landed allocated to each joint operator will not exceed the total pounds landed from the vessel; (3) after the pounds landed have been allocated among the joint operators in accordance with (1) and (2) of this subsection, past participation points will be determined for each joint operator in accordance with 20 AAC 05.782.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 12/15/95, Register 136; am 7/26/97, Register 143

20 AAC 05.779 Commercial Fisheries Entry Commission

20 AAC 05.779. Fishing capacity restrictions for Prince William Sound sablefish permits. (a) Interim-use permits and entry permits issued for the Prince William Sound fixed gear, pot gear, and net gear sablefish fisheries will restrict the maximum overall length of a vessel that a permit holder can use. These restrictions placed upon a permit for a particular Prince William Sound sablefish fishery will be based upon the past participation of the applicant in that fishery before the qualification date. (1) restrictions placed upon a permit for a particular Prince William Sound sablefish fishery will be based upon the overall length of the vessel used by the applicant to legally harvest sablefish in the fishery as an interim-use permit holder before the qualification date; (2) if the applicant used more than one vessel to legally harvest sablefish in the fishery as an interim-use permit holder before the qualification date, the restriction placed upon the applicant's permit will be based upon the longest overall length of any of the vessels used by the applicant; (3) notwithstanding (b) of this section, if the vessel used in the fishery to legally harvest sablefish was sunk or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on September 1, 1995, the applicant's permit will be based upon the overall length of the replacement vessel; VesselMaximum Overall Length of the Vessel the Per-Categorymit Holder May Use in the FisheryA90 FeetB60 FeetC50 FeetD35 Feet (4) a permit will restrict the applicant to one of the following vessel categories: (5) vessel category restrictions placed upon an entry permit at initial issuance will remain with the permit thereafter. (b) The vessel category restrictions assigned to a permit will be based upon the longest overall length of any of the vessels used by the applicant to legally harvest sablefish as an interim-use permit holder before the qualification date, as follows: (1) if the longest overall length of any of the vessels used by the applicant was greater than 60 feet, the applicant's permit will be for vessel category A; (2) if the longest overall length of any of the vessels used by the applicant was greater than 50 feet but less than or equal to 60 feet, the applicant's permit will be for vessel category B; (3) if the longest overall length of any of the vessels used by the applicant was greater than 35 feet but less than or equal to 50 feet, the applicant's permit will be for vessel category C; (4) if the longest overall length of any of the vessels used by the applicant was less than or equal to 35 feet, the applicant's permit will be for vessel category D. (c) If the Alaska Board of Fisheries adopts regulations restricting the vessels used in the Prince William Sound fixed gear, pot gear, or net gear sablefish fisheries, permit holders in these fisheries may use only vessels that satisfy both the vessel category restriction on their permit and the regulatory restrictions imposed by the Alaska Board of Fisheries. (d) Notwithstanding (a) - (c) of this section, an interim-use or entry permit holder may use a vessel with an overall length greater than the vessel category for which the interim-use or entry permit is issued while participating in the fishery under the provisions specified in 5 AAC 28.272(c).

History

Authority: AS 16.43.100; AS 16.43.270 AS 16.43.110; AS 16.43.950
Eff. 12/15/95, Register 136; am 7/26/97, Register 143; am 12/1/2004, Register 172

20 AAC 05.780 Commercial Fisheries Entry Commission

20 AAC 05.780. Definitions. Repealed.

History

Eff. 12/15/95, Register 136; repealed 7/26/97, Register 143

20 AAC 05.781 Commercial Fisheries Entry Commission

20 AAC 05.781. Priority classification systems for Prince William Sound sablefish fixed gear, pot gear, and net gear fisheries. (a) The commission finds that special circumstances exist requiring the use of the point systems in 20 AAC 05.782 - 20 AAC 05.784 for the Prince William Sound sablefish fixed gear, pot gear, and net gear fisheries. (b) A point scale of (1) zero through 12 is established for the Prince William Sound sablefish fixed gear fishery; (2) zero through nine is established for the Prince William Sound sablefish pot gear fishery; and (3) zero through nine is established for the Prince William Sound sablefish net gear fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 7/26/97, Register 143

20 AAC 05.782 Commercial Fisheries Entry Commission

20 AAC 05.782. Point system for the Prince William Sound sablefish fixed gear fishery. The commission will award a maximum of 12 points to an applicant for past participation in, and economic dependence on, the Prince William Sound sablefish fixed gear fishery. Applicants who legally harvested sablefish from the fishery over the 1991 - 1994 time period will be awarded points for the seasons in which they participated, as follows: Season Points 19946199351992419913

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 7/26/97, Register 143

20 AAC 05.783 Commercial Fisheries Entry Commission

20 AAC 05.783. Point system for the Prince William Sound sablefish pot gear fishery. The commission will award a maximum of nine points to an applicant for past participation in, and economic dependence on, the Prince William Sound sablefish pot gear fishery. Applicants who legally harvested sablefish from the fishery over the 1991 - 1994 time period will be awarded points for the seasons in which they participated, as follows: Season Points 19947199351992319911

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 7/26/97, Register 143

20 AAC 05.784 Commercial Fisheries Entry Commission

20 AAC 05.784. Point system for the Prince William Sound sablefish net gear fishery. The commission will award a maximum of nine points to an applicant for past participation in, and economic dependence on, the Prince William Sound sablefish net gear fishery. Applicants who legally harvested sablefish from the fishery over the 1991 - 1994 time period will be awarded points for the seasons in which they participated, as follows: SeasonPoints19947199351992319911

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 7/26/97, Register 143

20 AAC 05.785 Commercial Fisheries Entry Commission

20 AAC 05.785. Designation of significant and minor hardship classifications for the Prince William Sound sablefish fixed gear, pot gear, and net gear fisheries. (a) The commission designates the priority classifications 11 - 12 as classifications of applicants for the Prince William Sound sablefish fixed gear fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 3 as classifications of applicants for the Prince William Sound sablefish fixed gear fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 5 - 9 as classifications of applicants for the Prince William Sound sablefish pot gear fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 3 as classifications of applicants for the Prince William Sound sablefish pot gear fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (e) The commission designates the priority classifications 5 - 9 as classifications of applicants for the Prince William Sound sablefish net gear fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (f) The commission designates the priority classifications 0 - 3 as classifications of applicants for the Prince William Sound sablefish net gear fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 7/26/97, Register 143; am 12/31/2010, Register 196

20 AAC 05.786 Commercial Fisheries Entry Commission

20 AAC 05.786. Definitions. In 20 AAC 05.778 - 20 AAC 05.786, unless otherwise specified, (1) "joint operation" means a partnership or any other agreement by which two or more individuals function as joint operators; (2) "joint operators" means a partner or other party to an agreement by which two or more individuals are physically present on, and participate from, the same vessel and are in control or joint control of the commercial fishing operation; (3) "legally harvest sablefish" means the commercial harvest and sale of sablefish from the Prince William Sound Area as a CFEC interim-use permit holder during fishing seasons established by the Alaska Department of Fish and Game under 5 AAC 28.210, using a vessel that had a valid State of Alaska vessel license as required by AS 16.05.490 and a vessel that had an Alaska Department of Fish and Game Prince William Sound sablefish permit as required by 5 AAC 28.220, using gear that were legal for the harvest of Prince William Sound sablefish under 5 AAC 28.050, 5 AAC 28.230, and 5 AAC 39.165, and while complying with all other applicable commercial fishing laws and regulations, and where the sablefish sales were in accordance with regulations governing the sale or use of commercially caught sablefish applicable at the sale, including regulations regarding proper completion of reports required of processors, buyers, and fishers; (4) "overall length" means the horizontal distance between the outboard side of the foremost part of the stem and the outboard side of the aftermost part of the stern, excluding rudders, outboard motor brackets, and other similar fittings and attachments.

History

Authority: AS 16.43.100; AS 16.43.110
Eff. 7/26/97, Register 143

20 AAC 05.787 Commercial Fisheries Entry Commission

20 AAC 05.787. General provisions relating to the Southeastern Alaska shrimp beam trawl and shrimp otter trawl fisheries. (a) To be eligible to apply for an entry permit in the Southeastern Alaska shrimp beam trawl or shrimp otter trawl fisheries, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued under AS 16.43.210 during at least one of the years 1993 - 1996. (b) If two or more individuals had landings from the same vessel during a calendar year, each individual must have fished as a gear operator to be eligible for any points. If the individuals participated as partners, the pounds are allocated as described in (c) of this section. (c) If two or more individuals acted as partners on the same vessel during a calendar year, the commission will allocate the partnership operation's commercial harvest from that vessel among the partners, regardless of whether all partners apply for an entry permit, for the purposes of determining past and consistent participation for each partner who is an applicant. The following will be used to make the allocations and to determine points: (1) the commercial harvest allocated to each individual who is party to the partnership operation will be based on Alaska Department of Fish and Game (ADF&G) catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the commercial harvest; (2) if the commission finds that the actual distributions of a partnership operation's commercial harvest among the partners differed from that shown on ADF&G catch records (fish tickets), the commission will determine each partner's share of the partnership operation's commercial harvest based on the available evidence; the sum of the commercial harvest allocated to the partners will not exceed the total commercial harvest from the vessel for that year; (3) after the commercial harvest has been allocated among the partners in accordance with (1) and (2) of this subsection, past participation points will be determined for each partner in accordance with 20 AAC 05.788 and 20 AAC 05.789. (d) Commercial harvest recorded on the interim-use permit of a person other than the gear operator or partner of the gear operator may be credited to the gear operator only if the harvest was reported in good faith. In this subsection, "good faith" means honesty in fact in the reporting and a reasonable ground for belief that the purpose for the reporting is lawful, proper, or authorized. Good faith includes any legitimate business purpose but does not include the purpose of concealing any earnings of the gear operator. (e) If an applicant shares in an investment in a vessel as of January 1, 1997, points awarded to the applicant for investment in a vessel will be based on the applicant's relative percentage share of the total investment in that vessel regardless of whether co-owners have applied for an entry permit. In these ownership situations, an individual applicant's percentage share of the total investment will be determined by evidence submitted to the commission. Of the four available points in the shrimp beam trawl fishery and the three points available in the shrimp otter trawl fishery, the percentage of points awarded to the applicant will equal the applicant's relative percentage share of the total investment in the vessel.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 5/29/97, Register 142; am 8/2/97, Register 143; am 7/17/98, Register 147

20 AAC 05.788 Commercial Fisheries Entry Commission

20 AAC 05.788. Priority classification systems for the Southeastern Alaska shrimp beam trawl and shrimp otter trawl fisheries. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.787 - 20 AAC 05.792. (b) The commission establishes a point scale of (1) zero through 46 for the Southeastern Alaska shrimp beam trawl fishery; and (2) zero through 39 for the Southeastern Alaska shrimp otter trawl fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 7/17/98, Register 147

20 AAC 05.789 Commercial Fisheries Entry Commission

20 AAC 05.789. Point system for the Southeastern Alaska shrimp beam trawl fishery. (a) Past participation. The commission will award a maximum of 12 points to an applicant for past participation in the Southeastern Alaska shrimp beam trawl fishery. An applicant who commercially harvested shrimp with beam trawl gear during the period 1993 - 1996 will be awarded points for the years in which the applicant participated as a gear operator based on the following: Year Pounds Harvested by an Points Applicant 19962000 pounds or more6Less than 2000 pounds319952000 pounds or more6Less than 2000 pounds319942000 pounds or more4Less than 2000 pounds219932000 pounds or more2Less than 2000 pounds1 (b) There is a rebuttable presumption that an applicant was a crewmember and not a gear operator for a year if the applicant's commercial harvest was less than 35 percent of the total commercial harvest taken in the fishery and delivered from the vessel during that year. The presumption can be rebutted with a preponderance of evidence showing that the applicant was the sole gear operator on the vessel at the time the shrimp were harvested or that the applicant was a partner with one or more other gear operators on the vessel. (c) Consistent participation. The commission will award a maximum of 30 points to an applicant for consistent participation. The points awarded will be based on the number of statistical weeks of the year that the applicant commercially harvested shrimp in the fishery as a gear operator according to the following: Years Statistical Weeks of Commer- Points cial Harvest 19967 weeks or more152 weeks to 6 weeks6Less than 2 weeks0199510 weeks or more152 weeks to 9 weeks6Less than 2 weeks0199410 weeks or more103 weeks to 9 weeks4Less than 3 weeks019937 weeks or more53 weeks to 6 weeks2Less than 3 weeks0 (d) Economic Dependence. An applicant will be awarded a maximum of four points if the applicant owned as of January 1, 1997, a vessel that the applicant used or intended to use in the fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 7/17/98, Register 147

20 AAC 05.790 Commercial Fisheries Entry Commission

20 AAC 05.790. Point system for the Southeastern Alaska shrimp otter trawl fishery. (a) Past participation. The commission will award a maximum of 18 points to an applicant for past participation in the Southeastern Alaska shrimp otter trawl fishery. An applicant who commercially harvested shrimp with otter trawl gear during the period 1993 - 1996 will be awarded points for the years in which the applicant participated as a gear operator based on the following: Year Pounds Harvested by an Points Applicant 1996400 pounds or more12Less than 400 pounds81995400 pounds or more9Less than 400 pounds61994400 pounds or more6Less than 400 pounds41993400 pounds or more3Less than 400 pounds2 (b) There is a rebuttable presumption that an applicant was a crewmember and not a gear operator for a year if the applicant's commercial harvest was less than 35 percent of the total commercial harvest taken in the fishery and delivered from the vessel during that year. The presumption can be rebutted with a preponderance of evidence showing that the applicant was the sole gear operator on the vessel at the time the shrimp were harvested or that the applicant was a partner with one or more other gear operators on the vessel. (c) Consistent participation. The commission will award a maximum of 18 points to an applicant for consistent participation. The points awarded will be based on the number of statistical weeks of the year that the applicant commercially harvested shrimp in the fishery as a gear operator according to the following: Years Statistical Weeks of Commer- Points cial Harvest 19965 weeks or more123 weeks to 4 weeks4Less than 3 weeks019954 weeks or more92 weeks to 3 weeks3Less than 2 weeks019944 weeks or more62 weeks to 3 weeks2Less than 2 weeks019935 weeks or more32 weeks to 4 weeks1Less than 2 weeks0 (d) Economic Dependence. An applicant will be awarded a maximum of three points if the applicant owned as of January 1, 1997, a vessel that the applicant used or intended to use in the fishery.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.250
Eff. 7/17/98, Register 147

20 AAC 05.791 Commercial Fisheries Entry Commission

20 AAC 05.791. Designation of significant and minor hardship classifications for the Southeastern Alaska shrimp beam trawl and shrimp otter trawl fisheries. (a) The commission designates the priority classifications 35 - 46 as classifications of applicants for the Southeastern Alaska shrimp beam trawl fishery who would suffer significant economic hardship if they do not get a permit from the state, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 16 as classifications of applicants for the Southeastern Alaska shrimp beam trawl fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commissioner under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 32 - 39 as classifications of applicants for the Southeastern Alaska shrimp otter trawl fishery who would suffer significant economic hardship if they do not get a permit from the state, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 21 as classifications of applicants for the Southeastern Alaska shrimp otter trawl fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 7/17/98, Register 147; am 12/31/2010, Register 196

20 AAC 05.792 Commercial Fisheries Entry Commission

20 AAC 05.792. Definitions. In 20 AAC 05.787 - 20 AAC 05.792, unless otherwise specified, (1) "commercially harvested" means the lawful taking and selling of shrimp caught with the applicable trawl gear by an interim-use permit holder from a vessel registered for the Southeastern Alaska shrimp beam trawl or otter trawl fisheries under 5 AAC 31.020 and licensed for commercial fishing under AS 16.05.490, where the shrimp sales were in accordance with regulations governing the sale or use of commercially caught shrimp applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen; "commercially harvested" does not include deadloss, shrimp retained for personal use, shrimp that is donated, shrimp caught as bycatch in fisheries other than the Southeastern Alaska shrimp beam trawl and otter trawl fisheries, or shrimp that is forfeited upon conviction of violating a law or regulation; (2) "crewmember" means an individual, other than the gear operator, who was physically present when the fishing operation occurred, who assisted and participated in the fishing operation under the supervision of the gear operator, and who held a valid crewmember license, interim-use permit, or entry permit at the time the operation occurred; (3) "gear operator" means an individual who was physically present on the vessel and was in control or joint control of the commercial fishing operation and held a valid shrimp interim-use permit for the fishery for which the individual is applying; (4) "partners" means an association of two or more persons to carry on as co-owners of a fishing business for profit in which the persons are gear operators who are physically present on, and participate from, the same vessel and who are in control or joint control of the commercial fishing operation; (5) "partnership operation" means a fishing business that is owned, managed, and controlled by partners as defined in (4) of this section; (6) "pounds" means actual pounds of commercially harvested whole shrimp recorded on fish tickets; if the weight for shrimp tails is recorded on the fish tickets, the equivalent pounds of whole shrimp for all shrimp species and size classes is the product of the tail weight multiplied by 1.67; and (7) "statistical week" means a time period used by the Department of Fish and Game for statistical comparisons and summaries; the first statistical week of a year starts on the first day of January and ends on the first Saturday in January; all other statistical weeks within the year start on Sunday.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 5/29/97, Register 142; am 8/2/97, Register 143; am 7/17/98, Register 147

20 AAC 05.794 Commercial Fisheries Entry Commission

20 AAC 05.794. Priority classification systems for the Northern Southeast and Southern Southeast herring spawn-on-kelp pound fisheries. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.794 - 20 AAC 05.799. (b) A point scale of (1) zero through 100 is established for the Northern Southeast herring spawn-on-kelp pound fishery; and (2) zero through 50 is established for the Southern Southeast herring spawn-on-kelp pound fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 9/11/97, Register 143

20 AAC 05.795 Commercial Fisheries Entry Commission

20 AAC 05.795. General provisions relating to the Northern Southeast and Southern Southeast herring spawn-on-kelp pound fisheries. (a) To be eligible to apply for an entry permit in the Northern Southeast herring spawn-on-kelp fishery, and to receive points for a pound built and permitted for that fishery, an individual must have commercially harvested the fishery resource in the Northern Southeast herring spawn-on-kelp pound fishery during at least one of the years 1990 - 1994. (b) To be eligible to apply for an entry permit in the Southern Southeast herring spawn-on-kelp pound fishery, and to receive points for a pound built and permitted for that fishery, an individual must have commercially harvested the fishery resource in the Southern Southeast herring spawn-on-kelp pound fishery during at least one of the years 1992 - 1994.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 9/11/97, Register 143

20 AAC 05.796 Commercial Fisheries Entry Commission

20 AAC 05.796. Point system for the Northern Southeast herring spawn-on-kelp pound fishery. The commission will award a maximum of 100 points to an applicant for past participation in, and economic dependence on, the Northern Southeast herring spawn-on-kelp pound fishery. Applicants who commercially harvested herring spawn-on-kelp from the fishery over the 1990-1994 time period will be awarded points for the seasons in which they participated, as follows: Season 1990 1991 1992 1993 1994 Commercial Harvest (Available Points)1112131415Pound Built and Permitted (Available Points)1112131415Total Available Points2224262830

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 9/11/97, Register 143

20 AAC 05.797 Commercial Fisheries Entry Commission

20 AAC 05.797. Point system for the Southern Southeast herring spawn-on-kelp pound fishery. The commission will award a maximum of 50 points to an applicant for past participation in, and economic dependence on, the Southern Southeast herring spawn-on-kelp pound fishery. Applicants who commercially harvested herring spawn-on-kelp from the fishery over the 1992-1994 time period will be awarded points for the seasons in which they participated, as follows: Season 1992 1993 1994 Commercial Harvest (Available Points)111213Pound Built and Permitted (Available Points)111213Total Available Points222426

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 9/11/97, Register 143

20 AAC 05.798 Commercial Fisheries Entry Commission

20 AAC 05.798. Designation or significant and minor hardship classifications for the Northern Southeast and Southern Southeast herring spawn-on-kelp pound fisheries. (a) The commission designates the priority classifications 72 - 100 as classifications of applicants for the Northern Southeast herring spawn-on-kelp pound fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 30 as classifications of applicants for the Northern Southeast herring spawn-on-kelp pound fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 46 - 50 as classifications of applicants for the Southern Southeast herring spawn-on-kelp pound fishery who would suffer significant economic hardship by exclusion from the fishery, and who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 26 as classifications of applicants for the Southern Southeast herring spawn-on-kelp pound fishery who would suffer only minor economic hardship by exclusion from the fishery, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 9/11/97, Register 143; am 12/31/2010, Register 196

20 AAC 05.799 Commercial Fisheries Entry Commission

20 AAC 05.799. Definitions. In 20 AAC 05.794 - 20 AAC 05.799, unless otherwise specified, (1) "commercially harvested" means the lawful taking and selling of herring spawn-on-kelp while actively involved in a herring pound operation by a CFEC interim-use permit holder, who (A) was actively engaged in the harvest of herring spawn-on-kelp from pounds in a manner consistent with the regulations and requirements of the Alaska Department of Fish and Game, including having held a pound permit; (B) shared in any earnings from that harvest; and (C) sold herring spawn-on-kelp sales in accordance with regulations governing the sale or use of commercially gathered herring spawn-on-kelp applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishers; (2) "pound built and permitted" means a herring pound that the operator must have had built and anchored, and for which the operator obtained the permit required by 5 AAC 27.185 for that pound.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 9/11/97, Register 143; am 1/1/2000, Register 152

20 AAC 05.800 Commercial Fisheries Entry Commission

20 AAC 05.800. General provisions relating to the Goodnews Bay herring gillnet fishery. (a) To be eligible to apply for an entry permit in the Goodnews Bay herring gillnet fishery, an individual must have commercially harvested the fishery resource while participating in the fishery as a holder of an interim-use permit issued under AS 16.43.210 during at least one of the years 1993 - 1996. (b) If two or more individuals had landings, as indicated by Alaska Department of Fish and Game catch records (fish tickets), from the same vessel during a calendar year, each individual must have fished as a gear operator to be eligible for any points. If the individuals participated as partners, the pounds will be allocated as described in (c) of this section. (c) If two or more individuals participated as partners on the same vessel during a calendar year, the commission will allocate the partnership operation's commercial harvest from that vessel among the partners, regardless of whether all partners apply for an entry permit, for the purposes of determining past and consistent participation for each partner who is an applicant. The following will be used to make the allocations and to determine points: (1) the commercial harvest allocated to each individual who is party to the partnership operation will be based on Alaska Department of Fish and Game catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the commercial harvest; (2) if the commission finds that the actual distributions of a partnership operation's commercial harvest among the partners differed from that shown on Alaska Department of Fish and Game catch records (fish tickets), the commission will determine each partner's share of the partnership operation's commercial harvest based on the available evidence; the sum of the commercial harvest allocated to the partners will not exceed the total commercial harvest from the vessel for that year; (3) after the commercial harvest has been allocated among the partners under (1) and (2) of this subsection, past and consistent participation points will be determined for each partner under 20 AAC 05.802. (d) A commercial harvest recorded on the interim-use permit of a person other than the gear operator or partner of the gear operator may be credited to the gear operator only if the harvest was reported in good faith. In this subsection, "good faith" means honesty in fact in the reporting and a reasonable ground for belief that the purpose for the reporting is lawful, proper, or authorized. Good faith includes any legitimate business purpose, but does not include the purpose of concealing any earnings of the gear operator. (e) The commission will not award points for an applicant's participation if the participation fails to comply with the applicable superexclusive use area requirements under 5 AAC 27.899. For purposes of this section, participation in the Togiak herring spawn-on-kelp hand-picking fishery (L12T) will not disqualify a person from receiving points for participating in another fishery.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100(b)AS 16.43.110; AS 16.43.120(d)
Eff. 7/26/97, Register 143; am 12/31/98, Register 148) (Eff. 12/18/74, Register 52; am 1/2/81, Register 77; am 5/20/90, Register 114

20 AAC 05.801 Commercial Fisheries Entry Commission

20 AAC 05.801. Priority classification system for the Goodnews Bay herring gillnet fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.800 - 20 AAC 05.804. (b) The commission establishes a point scale of zero through 27 for the Goodnews Bay herring gillnet fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 12/31/98, Register 148

20 AAC 05.802 Commercial Fisheries Entry Commission

20 AAC 05.802. Point system for the Goodnews Bay herring gillnet fishery. (a) Past and Consistent Participation. The commission will award a maximum of 22 points to an applicant for past and consistent participation in the Goodnews Bay herring gillnet fishery as follows: (1) the commission will award a maximum of 18 points to an applicant who commercially harvested herring as a gear operator using a gillnet based on the following table. For each year, the commission will use the category (poundage/year or days/year) that gives the applicant the most points for that year; Days in that Year withYearPounds/YearFish TicketsPoints199610,700 pounds or moreor5 days or more12At least 4,800 pounds, but less than 10,700 poundsor3 days or 4 days8Less than 4,800 poundsor3 days or 4 days4199514,600 pounds or moreor5 days or more9At least 6,500 pounds, but less than 14,600 poundsor3 days or 4 days6Less than 6,500 poundsor1 day or 2 days3199418,000 pounds or moreor4 days or more6At least 6,000 pounds, but less than 18,000 poundsor2 days or 3 days4Less than 6,000 poundsor1 day2199331,000 pounds or moreor8 days or more3At least 9,100 pounds, but less than 31,000 poundsor4 days to 7 days2Less than 9,100 poundsor1 day to 3 days1 (2) the commission will award three points to an applicant who commercially harvested herring as a gear operator using a gillnet in at least two calendar years from 1993 through 1996, or four points to an applicant who commercially harvested herring as a gear operator using a gillnet in at least three calendar years from 1993 through 1996. (b) Economic Dependence. An applicant will be awarded a maximum of five points if the applicant owned as of January 1, 1997, a vessel that the applicant used or intended to use in the fishery. An applicant who co-owns a vessel will receive a percentage of the give points available for vessel ownership equal to the percentage of the ownership that the applicant has in the vessel as demonstrated by evidence submitted to the commission, regardless of whether other co-owners apply for an entry permit.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 12/31/98, Register 148

20 AAC 05.803 Commercial Fisheries Entry Commission

20 AAC 05.803. Designation of significant and minor hardship classifications for the Goodnews Bay herring gillnet fishery. (a) The commission designates the priority classifications 21 - 27 as classifications of applicants for the Goodnews Bay herring gillnet fishery who would suffer significant economic hardship if they do not get a permit from the state, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 8 as classifications of applicants for the Goodnews Bay herring gillnet fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 12/31/98, Register 148; am 12/31/2010, Register 196

20 AAC 05.804 Commercial Fisheries Entry Commission

20 AAC 05.804. Definitions. In 20 AAC 05.800 - 20 AAC 05.804, unless otherwise specified, (1) "commercially harvested" means the lawful taking and selling of herring caught with gillnet gear by an interim-use permit holder from a vessel licensed for commercial fishing under AS 16.05.490, where the herring sales were in accordance with regulations governing the sale or use of commercially caught herring applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen; "commercially harvested" does not include herring retained for personal use, herring that is donated, or herring that is forfeited upon conviction of violating a law or regulation; (2) "day" means a calendar day; (3) "gear operator" means an individual who was physically present on the vessel and was in control of the commercial fishing operation and who held a valid herring interim-use permit for the Goodnews Bay herring gillnet fishery; (4) "partners" means co-owners of a fishing business for profit who participate as gear operators from the same vessel and are in joint control of the fishing operation; (5) "partnership operation" means a fishing business that is owned, managed, and controlled by partners as defined in (4) of this section; and (6) "pounds" means actual pounds of commercially harvested sac roe herring or bait herring recorded on fish tickets.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100(b)AS 16.43.110; AS 16.43.120(a)
Eff. 7/26/97, Register 143; am 12/31/98, Register 148) (Eff. 5/20/90, Register 114

20 AAC 05.806 Commercial Fisheries Entry Commission

20 AAC 05.806. General provisions relating to the Southeastern Alaska geoduck clam dive fishery. (a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) geoduck clam dive fishery, an individual must have commercially harvested the fishery resource at least once while participating in the fishery as the holder of an interim-use permit issued for the fishery under AS 16.43.210 during the time period from January 1, 1992 to July 1, 1996. (b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual (1) lawfully took and sold geoduck clams with dive gear described in 5 AAC 39.105(d)(21); (2) held an interim-use permit for the fishery under AS 16.43.210 and a permit issued by the commissioner of fish and game under 5 AAC 38.050(b); (3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state; and (4) sold geoduck clams in accordance with state and federal statutes and regulations governing the sale and use of commercially caught geoduck clams applicable at the time of sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen. (c) The commission will not consider the part of the individual's geoduck clam harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual (1) retained those geoduck clams for personal use, donated those geoduck clams, or forfeited those geoduck clams upon conviction of violating a state or federal statute or regulation; or (2) did not dive for those geoduck clams and harvest those geoduck clams while underwater; this provision applies even if the individual was the vessel operator.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 6/30/2000, Register 154; add'l am 6/30/2000, Register 154; am 1/28/2001, Register 157

20 AAC 05.807 Commercial Fisheries Entry Commission

20 AAC 05.807. Priority classification system for Southeastern Alaska geoduck clam dive fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.806 - 20 AAC 05.809. (b) The commission establishes a point scale of 0 - 24 for the Southeastern Alaska geoduck clam dive fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 1/28/2001, Register 157

20 AAC 05.808 Commercial Fisheries Entry Commission

20 AAC 05.808. Point system for the Southeastern Alaska geoduck clam dive fishery. (a) The commission will award a maximum of 24 points to an applicant for past participation in, and economic dependence on, the Southeastern Alaska geoduck clam dive fishery. An applicant who commercially harvested geoduck clams from the fishery during the January 1, 1992, to July 1, 1996 time period will be awarded points for the years in which they participated according to the poundage thresholds established for each year as follows: (b) In this section, (1) "commercially harvested" means the taking and selling of geoduck clams in the manner consistent with 20 AAC 05.806; (2) "pounds" means actual pounds of whole geoduck clams recorded on fish tickets.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 1/28/2001, Register 157

20 AAC 05.809 Commercial Fisheries Entry Commission

20 AAC 05.809. Designation of significant and minor hardship classifications for the Southeastern Alaska geoduck clam dive fishery. (a) The commission designates the priority classifications 19 - 24 as classifications of applicants for the Southeastern Alaska geoduck clam dive fishery who would suffer significant economic hardship if they do not get a permit from the state, who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 10 as classifications of applicants for the Southeastern Alaska geoduck clam dive fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 1/28/2001, Register 157; am 12/31/2010, Register 196

20 AAC 05.812 Commercial Fisheries Entry Commission

20 AAC 05.812. General provisions relating to the Southeastern Alaska sea cucumber dive fishery. (a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) sea cucumber dive fishery, an individual must have commercially harvested the fishery resource at least once while participating in the fishery as the holder of an interim-use permit issued for the fishery under AS 16.43.210 during the time period from January 1, 1992 to July 1, 1996. (b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual (1) lawfully took sea cucumbers as described in 5 AAC 38.140; (2) held an interim-use permit for the fishery under AS 16.43.210; (3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state; and (4) sold sea cucumbers in accordance with state and federal statutes and regulations governing the sale and use of commercially caught sea cucumbers applicable at the time of sale, including regulations regarding proper completion of reports required of processors, buyers, and fishermen. (c) The commission will not consider the part of the individual's sea cucumber harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and submitted reports of harvest required under state and federal statutes and regulations, if the individual (1) retained those sea cucumbers for personal use, donated those sea cucumbers, or forfeited those sea cucumbers upon conviction of violating a state or federal statute or regulation; or (2) did not dive for those sea cucumbers and harvest those sea cucumbers while underwater; this provision applies even if the individual was the vessel operator.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 6/30/2000, Register 154

20 AAC 05.813 Commercial Fisheries Entry Commission

20 AAC 05.813. Priority classification system for Southeastern Alaska sea cucumber dive fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.812 - 20 AAC 05.815. (b) The commission establishes a point scale of 0 - 45 for the Southeastern Alaska sea cucumber dive fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 2/4/2001, Register 157

20 AAC 05.814 Commercial Fisheries Entry Commission

20 AAC 05.814. Point system for the Southeastern Alaska sea cucumber dive fishery. (a) The commission will award a maximum of 45 points to an applicant for past participation in, and economic dependence on, the Southeastern Alaska sea cucumber dive fishery. An applicant who commercially harvested sea cucumbers from the fishery during the January 1, 1992 to July 1, 1996 time period will be awarded points for the years in which they participated according to the poundage thresholds established for each year as follows: (b) In this section, (1) "commercially harvested" means the taking and selling of sea cucumbers in the manner consistent with 20 AAC 05.812; (2) "pounds" means actual pounds of sea cucumbers recorded on fish tickets.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 2/4/2001, Register 157

20 AAC 05.815 Commercial Fisheries Entry Commission

20 AAC 05.815. Designation of significant and minor hardship classifications for the Southeastern Alaska sea cucumber dive fishery. (a) The commission designates the priority classifications 36 - 45 as the classifications of applicants for the Southeastern Alaska sea cucumber dive fishery who would suffer significant economic hardship if they do not get a permit from the state, who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 26 as classifications of applicants for the Southeastern Alaska sea cucumber dive fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250 Statutory Authority Authority: AS 16.43.100; AS 16.43.110; AS 16.43.120(a)
Eff. 2/4/2001, Register 157; am 12/31/2010, Register 196) (Eff. 12/18/74, Register 52; am 12/30/82, Register 84; am 12/29/84, Register 92; am 5/20/90, Register 114

20 AAC 05.818 Commercial Fisheries Entry Commission

20 AAC 05.818. General provisions relating to the Southeastern Alaska sea urchin dive fishery. (a) To be eligible to apply for an entry permit in the Southeastern Alaska (A) sea urchin dive fishery, an individual must have commercially harvested the fishery resource at least once while participating in the fishery as the holder of an interim-use permit issued for the fishery under AS 16.43.210 during the time period from January 1, 1984 to July 1, 1996. (b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual (1) lawfully took sea urchins with dive gear under 5 AAC 38.051; (2) held an interim-use permit for the fishery under AS 16.43.210; (3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state; and (4) harvested and sold sea urchins during commercial openings established by the Department of Fish and Game in accordance with state and federal statutes and regulations governing the sale and use of commercially caught sea urchins applicable at the time of sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen; for the purpose of this paragraph, "commercial openings" does not include commercial fisheries test fishing operations. (c) The commission will not consider the part of the individual's sea urchin harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual (1) retained those sea urchins for personal use, donated those sea urchins, or forfeited those sea urchins upon conviction of violating a state or federal statute or regulation; or (2) did not dive for those sea urchins and harvest those sea urchins while underwater; this provision applies even if the individual was the vessel operator.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 6/30/2000, Register 154; am 12/29/2000, Register 156

20 AAC 05.819 Commercial Fisheries Entry Commission

20 AAC 05.819. Priority classification system for Southeast Alaska Sea Urchin Dive Fishery. (a) The commission finds that special circumstances exist requiring the use of the point system in 20 AAC 05.818 - 20 AAC 05.821. (b) The commission establishes a point scale of one through seven for the Southeast Alaska sea urchin dive fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 8/9/2000, Register 155

20 AAC 05.820 Commercial Fisheries Entry Commission

20 AAC 05.820. Point system for the Southeast Alaska Sea Urchin Dive Fishery. (a) The commission will award points to an applicant for past participation in, and economic dependence on, the Southeast sea urchin dive fishery. The applicant will be awarded points based on the total poundage of sea urchins that the applicant commercially harvested during the time period from January 1, 1984 through July 1, 1996, according to the following: Total Pounds Commercially Harvested During January 1, 1984 - July 1, 1996Points At least 25,000 pounds7 At least 10,000 pounds, but less than 25,000 pounds6 At least 1,000 pounds, but less than 10,000 pounds5 At least 500 pounds, but less than 1,000 pounds4 At least 250 pounds, but less than 500 pounds3 At least 30 pounds, but less than 250 pounds2 Less than 30 pounds1 (b) In this section, "commercially harvested" means the taking and selling of sea urchins in the manner that the commission considers as "commercially harvested" under 20 AAC 05.818.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100; AS 16.43.110; AS 16.43.120
Eff. 8/9/2000, Register 155) (Eff. 12/18/74, Register 52; am 1/2/81, Register 77; am 1/29/82, Register 81; am 12/30/82, Register 84; am 5/20/90, Register 114; am 10/28/2006, Register 180

20 AAC 05.821 Commercial Fisheries Entry Commission

20 AAC 05.821. Designation of significant and minor hardship classifications for the Southeast Alaska sea urchin dive fishery. (a) The commission designates the priority classification seven as the classification of applicants for the Southeast Alaska sea urchin dive fishery who would suffer significant economic hardship if they do not get a permit from the state, who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 and 1 as classifications of applicants for the Southeast Alaska sea urchin dive fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of a permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 8/9/2000, Register 155; am 12/31/2010, Register 196

20 AAC 05.822 Commercial Fisheries Entry Commission

20 AAC 05.822. General provisions relating to Kodiak food and bait herring fisheries. (a) To be eligible to apply for an entry permit in the Kodiak (K) food and bait herring gillnet and seine combined fishery, or in the Kodiak (K) food and bait herring trawl fishery, an individual must have commercially harvested the fishery resource while participating in the relevant fishery as a holder of an interim-use permit issued for the fishery under AS 16.43.210 during at least one of the years 1994 - 2000. (b) The commission will only consider an individual to have "commercially harvested" under (a) of this section, if the individual (1) lawfully took food and bait herring during a fishing period established by the Department of Fish and Game under 5 AAC 27.510(b); (2) held an interim-use permit for the fishery under AS 16.43.210; (3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state; (4) complied with the gear requirements of 5 AAC 27.515; and (5) sold food and bait herring in accordance with state and federal statutes and regulations governing the sale and use of commercially caught food and bait herring applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen. (c) The commission will not consider the part of the individual's food and bait herring harvest to have been "commercially harvested" under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual retained that herring for personal use, discarded that herring, donated that herring, or forfeited that herring upon conviction of violating a state or federal statute or regulation.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 9/13/2001, Register 159

20 AAC 05.823 Commercial Fisheries Entry Commission

20 AAC 05.823. Fishing capacity restrictions for Kodiak food and bait herring permits. (a) As part of interim-use permits and entry permits issued for the Kodiak (K) food and bait herring gillnet and seine combined fishery and for the Kodiak (K) food and bait herring trawl fishery, the commission will restrict the maximum overall length of a vessel that a permit holder can use. These restrictions placed upon a permit for a particular Kodiak food and bait herring fishery will be based upon the past participation of the applicant in that fishery before the qualification date, as follows: (1) restrictions placed upon a permit for a particular Kodiak food and bait herring fishery will be based upon the overall length of the vessel used by the applicant to commercially harvest food and bait herring in the fishery as an interim-use permit holder before the qualification date; (2) if the applicant used more than one vessel to commercially harvest food and bait herring in the fishery as an interim-use permit holder before the qualification date, the restriction placed upon the applicant's permit will be based upon the longest overall length of any of the vessels used by the applicant; (3) notwithstanding (b) of this section, if the vessel used in the fishery to commercially harvest food and bait herring was sunk or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on May 11, 2001, the applicant's permit will be based upon the overall length of the replacement vessel; (4) as part of a permit, the commission will restrict the applicant to one of the following vessel categories: Maximum Overall Length of the Vessel the Permit Holder Vessel Category May Use in the Fishery A80 feet B75 feet C70 feet D60 feet (5) vessel category restrictions placed upon an entry permit at initial issuance remain with the permit thereafter. (b) The vessel category restrictions assigned to a permit under (a)(4) of this section will be based upon the longest overall length of any of the vessels used by the applicant to commercially harvest food and bait herring as an interim-use permit holder before the qualification date, as follows: (1) if the longest overall length of any of the vessels used by the applicant was greater than 75 feet but less than or equal to 80 feet, the commission will assign vessel category A to the applicant's permit; (2) if the longest overall length of any of the vessels used by the applicant was greater than 70 feet but less than or equal to 75 feet, the commission will assign vessel category B to the applicant's permit; (3) if the longest overall length of any of the vessels used by the applicant was greater than 60 feet but less than or equal to 70 feet, the commission will assign vessel category C to the applicant's permit; (4) if the longest overall length of any of the vessels used by the applicant was less than or equal to 60 feet, the commission will assign vessel category D to the applicant's permit. (c) If the Board of Fisheries adopts regulations restricting the vessels used in the Kodiak (K) food and bait herring gillnet and seine combined fishery or in the Kodiak (K) food and bait herring trawl fishery, permit holders in that fishery may use only vessels that satisfy both the vessel category restriction on their permit and the regulatory restrictions imposed by the Board of Fisheries. (d) In this section, (1) "commercially harvest" means to take and sell food and bait herring in the manner consistent with 20 AAC 05.822; (2) "overall length" means the horizontal distance between the outboard side of the foremost part of the stem and the outboard side of the aftermost part of the stern, excluding fittings and attachments.

History

Authority: AS 16.43.100; AS 16.43.270 AS 16.43.110; AS 16.43.950
Eff. 9/13/2001, Register 159

20 AAC 05.824 Commercial Fisheries Entry Commission

20 AAC 05.824. Priority classification systems for the Kodiak food and bait herring fisheries. (a) The commission finds that special circumstances exist requiring the use of the point systems in 20 AAC 05.822 - 20 AAC 05.827. (b) The commission establishes a point scale of (1) 0 - 30 for the Kodiak (K) food and bait herring gillnet and seine combined fishery; and (2) 0 - 82 for the Kodiak (K) food and bait herring trawl fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 3/31/2002, Register 161

20 AAC 05.825 Commercial Fisheries Entry Commission

20 AAC 05.825. Point system for the Kodiak food and bait herring gillnet and seine combined fishery. (a) The commission will award a maximum of 30 points to an applicant for past participation in, and economic dependence on, the Kodiak (K) food and bait herring gillnet and seine combined fishery. An applicant who commercially harvested food and bait herring from the gillnet and seine combined fishery will be awarded points for the years in which they participated according to the thresholds established for each year based on total pounds harvested for each year or days with fish tickets in each year, whichever category gives the applicant the most points for that year as follows: Click to view TABLE (b) In this section, "commercially harvested" means the taking and selling of food and bait herring in the manner consistent with 20 AAC 05.822.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100(b)AS 16.43.110; AS 16.43.120(a)
Eff. 3/31/2002, Register 161) (Eff. 12/18/74, Register 52; am 1/2/81, Register 77; am 6/5/83, Register 86; am 5/20/90, Register 114

20 AAC 05.826 Commercial Fisheries Entry Commission

20 AAC 05.826. Point system for the Kodiak food and bait herring trawl fishery. (a) The commission will award a maximum of 82 points to an applicant for past participation in, and economic dependence on, the Kodiak (K) food and bait herring trawl fishery as follows: (1) the commission will award a maximum of 72 points to an applicant who commercially harvested food and bait herring from the trawl fishery for the years in which they participated according to the poundage thresholds established for each year as follows: (2) the commission will award 10 points if the applicant owned as of January 1, 2001, a vessel that the applicant used or intended to use in the fishery. Click to view TABLE (b) In this section, "commercially harvested" means the taking and selling of food and bait herring in the manner consistent with 20 AAC 05.822.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 3/31/2002, Register 161

20 AAC 05.827 Commercial Fisheries Entry Commission

20 AAC 05.827. Designation of significant and minor hardship classifications for the Kodiak food and bait herring fisheries. (a) The commission designates the priority classifications 26 - 30 as classifications of applicants for the Kodiak (K) food and bait herring gillnet and seine combined fishery who would suffer significant economic hardship if they do not get a permit from the state, who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 10 as classifications of applicants for the Kodiak (K) food and bait herring gillnet and seine combined fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e). (c) The commission designates the priority classifications 60 - 82 as classifications of applicants for the Kodiak (K) food and bait herring trawl fishery who would suffer significant economic hardship if they do not get a permit from the state, who will receive entry permits as required by AS 16.43.270(a). (d) The commission designates the priority classifications 0 - 25 as classifications of applicants for the Kodiak (K) food and bait herring trawl fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250
Eff. 3/31/2002, Register 161; am 12/31/2010, Register 196

20 AAC 05.830 Commercial Fisheries Entry Commission

20 AAC 05.830. General provisions relating to Kodiak bairdi Tanner crab pot fishery. (a) To be eligible to apply for an entry permit in the Kodiak (K) bairdi Tanner pot fishery, an individual must have commercially harvested the fishery resource while participating in the fishery as a holder of an interim-use permit issued for the fishery under AS 16.43.210 during at least one of the years 1993 - 2002. (b) The commission will only consider an individual to have commercially harvested under (a) of this section, if the individual (1) lawfully took bairdi Tanner crab during a fishing period established by the Department of Fish and Game under 5 AAC 35.510(a); (2) held an interim-use permit for the fishery under AS 16.43.210; (3) if harvesting from a vessel, was operating from a vessel that was licensed as a commercial vessel under AS 16.05.490 to engage in commercial fishing in the state; (4) complied with the gear requirements of 5 AAC 35.050, 5 AAC 35.525, 5 AAC 35.526, and 5 AAC 39.145; and (5) sold bairdi Tanner crab in accordance with state and federal statutes and regulations governing the sale and use of commercially caught bairdi Tanner crab applicable at the time of the sale, including requirements regarding proper completion of reports required of processors, buyers, and fishermen. (c) The commission will not consider the part of the individual's bairdi Tanner crab harvest to have been commercially harvested under (a) of this section even if the individual held commercial fishing licenses and permits and submitted reports of harvest required under state and federal statutes and regulations, if the individual retained that bairdi Tanner crab for personal use, discarded that bairdi Tanner crab, donated that bairdi Tanner crab, or forfeited that bairdi Tanner crab upon conviction of violating a state or federal statute or regulation. (d) If two or more individuals had landings, as indicated by Alaska Department of Fish and Game catch records (fish tickets), from the same vessel during a calendar year, each individual must have fished as a gear operator to be eligible for any points. If the individuals participated as partners, the pounds will be allocated as described in (e) of this section. (e) If two or more individuals participated as partners on the same vessel during a calendar year, the commission will allocate the partnership operation's commercial harvest from that vessel among the partners, regardless of whether all partners apply for an entry permit, for the purpose of determining past and consistent participation for each partner who is an applicant. The following will be used to make the allocations and to determine points: (1) the commercial harvest allocated to each individual who is a party to the partnership operation will be based on Alaska Department of Fish and Game catch records (fish tickets), recorded under each applicant's interim-use permit, unless it is demonstrated those records do not accurately reflect the commercial harvest; (2) if the commission finds that the actual distributions of a partnership operation's commercial harvest among the partners differed from that shown on Alaska Department Fish and Game catch records (fish tickets), the commission will determine each partner's share of the partnership operation's commercial harvest based on the available evidence; the sum of the commercial harvest allocated to the partners will not exceed the total commercial harvest from the vessel for that year; (3) after the commercial harvest has been allocated among the partners under (1) and (2) of this subsection, past and consistent participation points will be determined for each partner under 20 AAC 05.834.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260 Statutory Authority Authority: AS 16.43.100(b)AS 16.43.110; AS 16.43.120(a)
Eff. 1/2/2003, Register 164; am 2/11/2004, Register 169) (Eff. 12/18/74, Register 52; am 5/20/90, Register 114

20 AAC 05.831 Commercial Fisheries Entry Commission

20 AAC 05.831. Fishing capacity restrictions for Kodiak bairdi Tanner crab pot permits. (a) As part of interim-use permits and entry permits issued for the Kodiak (K) bairdi Tanner crab pot fishery, the commission will restrict the maximum overall length of a vessel that a permit holder may use. These restrictions will be based upon the past participation of the applicant in the fishery before the qualification date, as follows: (1) restrictions placed upon a permit for a Kodiak bairdi Tanner crab pot fishery will be based upon the overall length of the vessel used by the applicant to commercially harvest bairdi Tanner crab in the fishery as an interim-use permit holder before the qualification date; (2) if the applicant used more than one vessel to commercially harvest bairdi Tanner crab in the fishery as an interim-use permit holder before the qualification date, the restriction placed upon the applicant's permit will be based upon the longest overall length of any of the vessels used by the applicant; (3) notwithstanding (b) of this section, if the vessel used in the fishery to commercially harvest bairdi Tanner crab was sold, sunk, or destroyed and a replacement vessel was acquired before the commission proposed limited entry for the fishery on September 18, 2002, the applicant's permit will be based upon the overall length of the replacement vessel; (4) as part of a permit, the commission will restrict the applicant to one of the following vessel categories: Maximum Overall Length of the Vessel the Permit Holder Vessel Category May Use in the Fishery A120 feetBLess than 60 feet (5) vessel category restrictions placed upon an entry permit at initial issuance remain with the permit thereafter. (b) The vessel category restrictions assigned to a permit under (a)(4) of this section will be based upon the longest overall length of any of the vessels used by the applicant to commercially harvest bairdi Tanner crab as an interim-use permit holder before the qualification date, as follows: (1) if the longest overall length of any of the vessels used by the applicant was at least 60 feet but not more than 120 feet, the commission will assign vessel category A to the applicant's permit; (2) if the longest overall length of any of the vessels used by the applicant was less than 60 feet, the commission will assign vessel category B to the applicant's permit. (c) If the Board of Fisheries adopts regulations restricting the vessels used in the Kodiak (K) bairdi Tanner crab pot fishery, permit holders in that fishery may use only vessels that satisfy both the vessel category restriction on the permit and the regulatory restrictions imposed by the Board of Fisheries. (d) In this section, (1) "commercially harvest" means to take and sell bairdi Tanner crab in a manner consistent with 20 AAC 05.830; (2) "overall length" means the horizontal distance between the outboard side of the foremost part of the stem and the outboard side of the aftermost part of the stern, excluding fittings and attachments.

History

Authority: AS 16.43.100; AS 16.43.270 AS 16.43.110; AS 16.43.950
Eff. 1/2/2003, Register 164; am 11/6/2005, Register 176; am 6/25/2020, Register 234

20 AAC 05.833 Commercial Fisheries Entry Commission

20 AAC 05.833. Priority classification system for the Kodiak bairdi Tanner crab pot fishery. (a) The commission finds that special circumstances exist requiring the use of the point systems in 20 AAC 05.830 - 20 AAC 05.835. (b) The commission establishes a point scale of 0 - 60 for the Kodiak bairdi Tanner crab pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250; AS 16.43.270 AS 16.43.110; AS 16.43.260
Eff. 2/11/2004, Register 169

20 AAC 05.834 Commercial Fisheries Entry Commission

20 AAC 05.834. Point system for the Kodiak bairdi Tanner crab pot fishery. (a) Past participation. The commission will award a maximum of 20 points to an applicant for past participation in the Kodiak bairdi Tanner crab pot fishery. The points awarded will be based on the number of calendar years in which the applicant commercially harvested Kodiak bairdi Tanner crab as a gear operator during the years 1993, 1994, 2001, and 2002. An applicant may be awarded only one of the following point totals: (1) 20 points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least three calendar years; (2) 13 points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least two calendar years; (3) seven points to an applicant who commercially harvested Kodiak bairdi Tanner crab from the fishery in at least one calendar year. (b) Consistent participation. The commission will award a maximum of 35 points to an applicant for consistent participation. The points awarded will be based on the years in which the applicant commercially harvested Kodiak bairdi Tanner crab as a gear operator according to the poundage thresholds established for each year as follows: Year Total Pounds Commercially Points Harvested by Year 2002700 pounds or more At least 100 pounds, but less than 700 pounds Less than 100 pounds14 7 020012,000 pounds or more At least 100 pounds, but less than 2,000 pounds Less than 100 pounds13 7 019945,600 pounds or more At least 100 pounds, but less than 5,600 pounds Less than 100 pounds12 6 019938,400 pounds or more At least 100 pounds, but less than 8,400 pounds Less than 100 pounds11 6 0 (c) For the purpose of awarding points for past and consistent participation, there is a rebuttable presumption that an applicant was a crewmember and not a gear operator for a year if the applicant's commercial harvest was less than 20 percent of the total commercial harvest taken in the fishery and delivered from the vessel during that year. The presumption can be rebutted with a preponderance of evidence showing that the applicant was the sole gear operator on the vessel at the time the Kodiak bairdi Tanner crab were harvested or that the applicant was a partner with one or more other gear operators on the vessel. If the applicant is a partner, the applicant will be allocated harvest under 20 AAC 05.830(e). (d) Economic Dependence. (1) An applicant may claim points for investment in a vessel if the sum of the applicant's annual catch values for the years 1993, 1994, 2001 and 2002 is at least $2,200; if two or more eligible applicants participated as partners on the same vessel, the partnership's annual catch value for that year will be attributed to each applicant; (2) If an applicant meets the requirement in (1) of this subsection, the commission will award a maximum of five points if the applicant owned as of January 1, 2003, a vessel that the applicant used in the Kodiak bairdi Tanner crab pot fishery in at least one of the years 1993, 1994, 2001, and 2002; if more than one applicant claims ownership of the same vessel, the commission will divide the available points among the applicants according to each applicant's relative share of the vessel ownership as demonstrated by evidence submitted to the commission. (e) For the purposes of this section, the commission will determine the annual catch value of the commercially harvesting resource by gear operator in the Kodiak bairdi Tanner crab pot fishery to be either, (1) the number of pounds of Kodiak bairdi Tanner crab caught by an applicant in the Kodiak bairdi Tanner crab pot fishery, as derived from fish tickets during a given calendar year, multiplied by the average price per pound paid for the bairdi Tanner crab during that year; or (2) the gross amount actually received by an applicant for the calendar year for the bairdi Tanner crab caught in the Kodiak bairdi Tanner crab pot fishery.

History

Authority: AS 16.43.100; AS 16.43.250 AS 16.43.110; AS 16.43.260
Eff. 2/11/2004, Register 169

20 AAC 05.835 Commercial Fisheries Entry Commission

20 AAC 05.835. Designation of significant and minor hardship classifications for the Kodiak bairdi Tanner crab pot fishery. (a) The commission designates the priority classifications 36 - 60 as classifications of applicants for the Kodiak bairdi Tanner crab pot fishery who would suffer significant economic hardship if the applicants do not get a permit from the state, and who will receive entry permits as required by AS 16.43.270(a). (b) The commission designates the priority classifications 0 - 21 as classifications of applicants for the Kodiak bairdi Tanner crab pot fishery who would suffer only minor economic hardship without the issuance of a permit from the state, and an entry permit originally issued to those applicants by the commission under AS 16.43.250(c) will have certain restrictions placed upon the transfer of the permit as required by AS 16.43.170(e).

History

Authority: AS 16.43.100; AS 16.43.170; AS 16.43.270 AS 16.43.110; AS 16.43.250 Statutory Authority Authority: AS 16.43.100; AS 16.43.110; AS 16.43.120(a)
Eff. 2/11/2004, Register 169; am 12/31/2010, Register 196) (Eff. 12/18/74, Register 52; am 6/5/83, Register 86; am 2/29/84, Register 89

20 AAC 05.836 Commercial Fisheries Entry Commission

20 AAC 05.836. Definitions. In 20 AAC 05.830 - 20 AAC 05.836, unless otherwise specified, (1) "commercially harvested" means the taking and selling of Kodiak bairdi Tanner crab in a manner consistent with 20 AAC 05.830; (2) "crewmember" means an individual, other than the gear operator, who was physically present when the fishing operation occurred, who assisted and participated in the fishing operation under the supervision of the gear operator, and who held a valid crewmember license, interim-use permit, or entry permit at the time the operation occurred; (3) "gear operator" means an individual who was physically present on the vessel who was in control or joint control of the commercial fishing operation, and who held a valid interim-use permit for the Kodiak bairdi Tanner crab pot fishery; (4) "partners" means co-owners of a fishing business for profit who participate as gear operators from the same vessel and are in joint control of the fishing operation; (5) "partnership operation" means a fishing business that is owned, managed, and controlled by partners as defined in (3) of this section; (6) "pounds" means actual pounds of Kodiak bairdi Tanner crab commercially harvested with pot gear and recorded on fish tickets.

History

Authority: AS 16.43.100; AS 16.43.110; AS 16.43.260
Eff. 2/11/2004, Register 169

Article 10 Fisheries Subject to Moratoria on New Entrants

20 AAC 05.1010 Commercial Fisheries Entry Commission

20 AAC 05.1010. Moratoria on new entrants into the Southeastern Alaska Dungeness crab pot, ring net, and diving fisheries. (a) The commission finds that conditions exist that might threaten the conservation and sustained yield management of the Southeastern Alaska Dungeness crab resource and the economic health and stability of the fisheries. These conditions require moratoria, on new entrants into the Southeastern Alaska Dungeness crab pot, ring net, and diving fisheries to help control effort while the investigation required under AS 16.43.227(a) is conducted. (b) During the moratorium, an interim-use permit for the Southeastern Alaska Dungeness crab pot fishery will be issued only to an applicant who meets the minimum eligibility requirements established in 20 AAC 05.1012. (c) During the moratorium, an interim-use permit for the Southeastern Alaska Dungeness crab ring net fishery will be issued only to an applicant who meets the minimum eligibility requirements established in 20 AAC 05.1014. (d) During the moratorium, an interim-use permit for the Southeastern Alaska Dungeness crab diving gear fishery will be issued only to an applicant who meets the minimum eligibility requirements established in 20 AAC 05.1016.

20 AAC 05.1012 Commercial Fisheries Entry Commission

20 AAC 05.1012. Eligibility requirements for an interim-use permit for the Southeastern Alaska Dungeness crab pot fishery during the moratorium in the fishery. To be eligible for an interim-use permit for the Southeastern Alaska Dungeness crab pot fishery during the moratorium, an applicant must have (1) held a valid interim-use permit issued under AS 16.43.210(a); and (2) during at least one of the season openings between January 1, 1988 and September 30, 1991, commercially harvested at least one of the following in the Southeastern Alaska administrative area, while participating as a skipper: (A) at least 500 pounds of the fishery resource with pot gear in at least two calendar years, as evidenced by fish tickets; or (B) at least 3,500 pounds of the fishery resource with pot gear, as evidenced by fish tickets; or (C) the fishery resource with pot gear on at least 6 days, as evidenced by fish tickets.

20 AAC 05.1014 Commercial Fisheries Entry Commission

20 AAC 05.1014. Eligibility requirements for an interim-use permit for the Southeastern Alaska Dungeness crab ring net fishery during the moratorium in the fishery. To be eligible for an interim-use permit for the Southeastern Alaska Dungeness crab ring net fishery during the moratorium, an applicant must have (1) held a valid interim-use permit issued under AS 16.43.210(a); and (2) during at least one of the season openings between January 1, 1988 and September 30, 1991, commercially harvested at least one of the following in the Southeastern Alaska administrative area, while participating as a skipper: (A) the fishery resource with ring net gear in at least two calendar years, as evidenced by fish tickets; or (B) at least 250 pounds of the fishery resource with ring net gear, as evidenced by fish tickets; or (C) the fishery resource with ring net gear on at least two days, as evidenced by fish tickets.

20 AAC 05.1016 Commercial Fisheries Entry Commission

20 AAC 05.1016. Eligibility requirements for an interim-use permit for the Southeastern Alaska Dungeness crab diving gear fishery during the moratorium in the fishery. To be eligible for an interim-use permit for the Southeastern Alaska Dungeness crab diving gear fishery during the moratorium, an applicant must have (1) held a valid interim-use permit issued under AS 16.43.210(a); and (2) commercially harvested the fishery resource in the Southeastern Alaska administrative area, while participating as a diver, during at least one of the season openings between January 1, 1988, and September 30, 1991, as evidenced by fish tickets.

20 AAC 05.1018 Commercial Fisheries Entry Commission

20 AAC 05.1018. Definitions for 20 AAC 05.1010 - 20 AAC 05.1018. In 20 AAC 05.1010 - 20 AAC 05.1018, unless otherwise specified, (1) "skipper" means a person who (A) was physically present on the vessel and who was in control or joint control of the 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) had, at the time the skipper participation occurred, a valid interim-use permit for the fishery for which the applicant is applying; (2) "diver" means a person who had, at the time his or her participation occurred, a valid interim-use permit for the Southeastern Alaska Dungeness crab diving gear fishery, and who hand-picked the fishery resource using skin-diving, SCUBA, or tethered, umbilical surface-supplied gear; (3) "day" means a calendar day; (4) "participating" means lawful, active engagement as a skipper or diver in a commercial fishing operation that harvested the resource described in 20 AAC 05.1012, 20 AAC 05.1014, or 20 AAC 05.1016, in compliance with all applicable commercial fishing statutes and regulations.

20 AAC 05.1020 Commercial Fisheries Entry Commission

20 AAC 05.1020. Applicable dates for the Southeastern Alaska Dungeness crab fisheries moratoria. The moratoria under 20 AAC 05.1010 - 20 AAC 05.1020 is effective on the effective date of those regulations. Unless repealed earlier, 20 AAC 05.1010 - 20 AAC 05.1020 are repealed four calendar years following their effective dates.

20 AAC 05.1022 Commercial Fisheries Entry Commission

20 AAC 05.1022. Provisions relating to vessel permits for the Bering Sea Korean hair crab moratorium. If a vessel qualifying under AS 16.43.901 is sunk, destroyed, or damaged to the extent the vessel is inoperable, the vessel owner may request the vessel permit be reissued to another vessel whose overall length does not exceed the overall length of the qualifying vessel. The replacement vessel can be a vessel that is leased or owned by the qualifying vessel owner.

Article 11 Optimum Numbers of Entry Permits

20 AAC 05.1140 Commercial Fisheries Entry Commission

20 AAC 05.1140. Optimum number of entry permits for the Southeastern Alaska roe herring purse seine fishery. The optimum number of entry permits for the Southeastern Alaska roe herring purse seine fishery is 46.

20 AAC 05.1145 Commercial Fisheries Entry Commission

20 AAC 05.1145. Optimum number of entry permits for the Northern Southeast Inside sablefish longline fishery. The optimum number of entry permits for the Northern Southeastern Inside sablefish longline fishery is 73.

20 AAC 05.1147 Commercial Fisheries Entry Commission

20 AAC 05.1147. Optimum number of entry permits for the Bristol Bay drift gillnet fishery. The optimum number of entry permits for the Bristol Bay drift gillnet fishery is 900 to 1,400.

Article 12 Landing Permits

20 AAC 05.1205 Commercial Fisheries Entry Commission

20 AAC 05.1205. Issuance and renewal of landing permits. Repealed.

20 AAC 05.1210 Commercial Fisheries Entry Commission

20 AAC 05.1210. Annual fee for landing permit. Repealed.

Article 14 Vessel Permit Systems

20 AAC 05.1400 Commercial Fisheries Entry Commission

20 AAC 05.1400. Establishment of vessel permit system. Repealed.

20 AAC 05.1405 Commercial Fisheries Entry Commission

20 AAC 05.1405. Limitation of Bering Sea hair crab fishery. Repealed.

20 AAC 05.1407 Commercial Fisheries Entry Commission

20 AAC 05.1407. Application process for Bering Sea hair crab fishery vessel entry permit. Repealed.

20 AAC 05.1408 Commercial Fisheries Entry Commission

20 AAC 05.1408. Initial issuance of Bering Sea hair crab fishery vessel entry permit. Repealed.

20 AAC 05.1409 Commercial Fisheries Entry Commission

20 AAC 05.1409. General provisions for the Bering Sea hair crab vessel permit system. Repealed.

20 AAC 05.1410 Commercial Fisheries Entry Commission

20 AAC 05.1410. Substitution of Bering Sea hair crab fishery vessel. Repealed.

20 AAC 05.1414 Commercial Fisheries Entry Commission

20 AAC 05.1414. Transfer of Bering Sea hair crab vessel entry permit. Repealed.

20 AAC 05.1416 Commercial Fisheries Entry Commission

20 AAC 05.1416. Annual renewal of Bering Sea hair crab vessel entry permit. Repealed.

20 AAC 05.1417 Commercial Fisheries Entry Commission

20 AAC 05.1417. Annual renewal fees for Bering Sea hair crab vessel entry permit. Repealed.

20 AAC 05.1418 Commercial Fisheries Entry Commission

20 AAC 05.1418. Transfer and vessel substitution fees for the Bering Sea hair crab fishery. Repealed.

20 AAC 05.1419 Commercial Fisheries Entry Commission

20 AAC 05.1419. Applicability of 20 AAC 05.1400 - 20 AAC 05.1420. Repealed.

20 AAC 05.1420 Commercial Fisheries Entry Commission

20 AAC 05.1420. Definitions for 20 AAC 05.1400 - 20 AAC 05.1420. Repealed.

20 AAC 05.1425 Commercial Fisheries Entry Commission

20 AAC 05.1425. Establishment of vessel permit system for statewide weathervane scallop fishery. Repealed.

20 AAC 05.1427 Commercial Fisheries Entry Commission

20 AAC 05.1427. Limitation of statewide weathervane scallop fishery. Repealed.

20 AAC 05.1428 Commercial Fisheries Entry Commission

20 AAC 05.1428. Application process for statewide weathervane scallop fishery vessel entry permit. Repealed.

20 AAC 05.1430 Commercial Fisheries Entry Commission

20 AAC 05.1430. Initial issuance of statewide weathervane scallop fishery vessel entry permit. Repealed.

20 AAC 05.1432 Commercial Fisheries Entry Commission

20 AAC 05.1432. General provisions for the statewide weathervane scallop fisheries vessel permit system. Repealed.

20 AAC 05.1434 Commercial Fisheries Entry Commission

20 AAC 05.1434. Substitution of statewide weathervane scallop vessel. Repealed.

20 AAC 05.1436 Commercial Fisheries Entry Commission

20 AAC 05.1436. Transfer of statewide weathervane scallop vessel entry permit. Repealed.

20 AAC 05.1438 Commercial Fisheries Entry Commission

20 AAC 05.1438. Annual renewal of statewide weathervane scallop vessel entry permit. Repealed.

20 AAC 05.1440 Commercial Fisheries Entry Commission

20 AAC 05.1440. Annual fees for statewide weathervane scallop vessel entry permit. Repealed.

20 AAC 05.1441 Commercial Fisheries Entry Commission

20 AAC 05.1441. Transfer and vessel substitution fees for the statewide weathervane scallop fishery. Repealed.

20 AAC 05.1443 Commercial Fisheries Entry Commission

20 AAC 05.1443. Applicability of 20 AAC 05.1425 - 20 AAC 05.1444. Repealed.

20 AAC 05.1444 Commercial Fisheries Entry Commission

20 AAC 05.1444. Definitions for 20 AAC 05.1425 - 20 AAC 05.1444. Repealed.

Article 17 Transfer of Entry and Interim-Use Permits

20 AAC 05.1700 Commercial Fisheries Entry Commission

20 AAC 05.1700. Requirements for transfer. (a) An entry or interim-use permit may be transferred only through the commission in accordance with AS 16.43 and this chapter. (b) A person who has contracted to buy an entry permit may not contract to sell or assign that entry permit before the entry permit is transferred to the person through the commission. (c) It is a violation of this chapter for a permit holder to allow another person to use the holder's permit without first transferring the permit to that other person through the commission. A permit holder who allows such use, and the unauthorized user, are subject to penalties as provided in AS 16.43.

20 AAC 05.1705 Commercial Fisheries Entry Commission

20 AAC 05.1705. Lease, encumbrance, attachment, distraint, or retained right of repossession prohibited. (a) Except as provided in AS 16.43.150(g), an entry permit may not be (1) pledged, mortgaged, leased, or encumbered in any way, including any contractual or legal device that purports to require the transfer or forfeiture of a permit or otherwise constrain the rights of the holder to possess or transfer an entry permit; (2) transferred with any retained right of repossession or foreclosure, or on any condition requiring subsequent transfer, even if set out as an alternative to another action; or (3) attached, distrained, or sold on execution of judgment or under any other process or order of any court, or otherwise involuntarily transferred except due to an execution on a holder's interest in a permit as provided in AS 16.43.170(g) and (h) and 20 AAC 05.1700 - 20 AAC 05.1770. (b) The provisions of this section do not apply to approved emergency transfers under AS 16.43.180 and 20 AAC 05.1740.

20 AAC 05.1707 Commercial Fisheries Entry Commission

20 AAC 05.1707. General requirements regarding a request for permanent transfer of an entry permit. (a) A request for permanent transfer of an entry permit must be made to the commission on the form designated and provided by the commission under this chapter and must include a certification by the proposed transferee of facts establishing the transferee's present ability to participate actively in the fishery to which the permit applies. The transferee's signature on the certification must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. Upon request by the commission, the proposed transferee shall produce documentation of the facts supporting the proposed transferee's certification and shall furnish any other information that the commission finds necessary to support the request for permanent transfer of the entry permit. For purposes of this chapter, there is a rebuttable presumption that the proposed transferee is unable to participate actively in the fishery if (1) for setnet permits, gear code 04, the proposed transferee has not attained age 10; and (2) for other permits, the proposed transferee has not attained age 16. The rebuttable presumption established in this subsection does not apply to gear codes 18 (shovel), 12 (hand picking), and 21 (pound). (b) A request for permanent transfer of an entry permit must be supported by documentation and such other supporting information as is required by the commission. If the required documentation or information in support of a request for permanent transfer is not submitted to the commission within 60 days after notification by the commission that the information is required, the commission will deny the request for permanent transfer of the entry permit. (c) If the transferor in the permanent transfer of an entry permit is a minor, the parent or guardian of the minor must obtain a court order ratifying the minor's contract under AS 13.26.205(b), before the commission will approve the permanent transfer.

20 AAC 05.1710 Commercial Fisheries Entry Commission

20 AAC 05.1710. Voluntary transfer: permit holder's notice of intent to permanently transfer an entry permit under AS 16.43.170(b). (a) The holder of an entry permit not subject to the restrictions of AS 16.43.170(e) may establish a filing date, effective date, and expiration date for the permanent transfer under AS 16.43.170(b) of the holder's entry permit by filing a completed and signed notice with the commission on the form designated Holder's Notice of Intent to Permanently Transfer Entry Permit, provided by the commission. The holder need not name a proposed transferee when filing a notice form under this section. The commission will return to the holder a copy of the notice form that states the filing date, effective date, and expiration date for permanent transfer of the entry permit by the holder. (b) A holder may revoke the holder's notice any time before the holder files a Holder's Request for Permanent Transfer of Entry Permit form under 20 AAC 05.1712. A revocation must be in writing and must be signed by the holder. A revocation takes effect when it is filed with the commission. (c) A holder may file with the commission a completed and signed notice form at any time after the effective date of the holder's previous notice form. If a subsequent notice form is filed before the expiration date of the holder's previous notice form, the effective date of the subsequent notice form is the date it was filed with the commission. (d) A person who has applied for an entry permit or is eligible to apply for an entry permit under 20 AAC 05.500 may file a notice of intent to transfer an entry permit. For purposes of the transfer, the effective date of an unexpired notice of intent is the date of the original issuance of the entry permit, or the date 60 days after the filing of the notice, whichever is later.

20 AAC 05.1712 Commercial Fisheries Entry Commission

20 AAC 05.1712. Voluntary transfer: permit holder's request for permanent transfer of entry permit under AS 16.43.170(b). (a) A permit holder's request for the permanent transfer of the holder's entry permit under AS 16.43.170(b) shall be made on the form designated Holder's Request for Permanent Transfer of Entry Permit, provided by the commission. (b) The holder and the proposed transferee shall complete the Holder's Request for Permanent Transfer of Entry Permit form, including the transfer survey portion of that form. On the affidavit portion of the request form, the holder and the proposed transferee each shall swear to the commission under penalty of perjury that, to that person's knowledge, the information submitted to the commission on the form and in all supporting documents and other information provided at any time in support of the transfer request is true; that the transfer is not in violation of AS 16.43.150(g) or 20 AAC 05.1705; and that neither the holder nor the proposed transferee is prohibited by law or court order from participating in the transfer. The holder's and proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public or postmaster. If the holder or proposed transferee fails to complete and sign the request form as required, the commission will deny the holder's request for permanent transfer of the entry permit. (c) A holder's transfer request under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the use or subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or any oral agreement for the use or subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the holder's request form. If either the holder or the proposed transferee is a party to an oral agreement, that person shall certify to the commission in writing to the accuracy and completeness of the written statement regarding that agreement; the holder's or proposed transferee's signature on the certification must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. If either the holder or proposed transferee is not a party to a written or oral agreement described in this subsection, that person shall certify to that fact to the commission in writing; the holder's or proposed transferee's signature on the certification must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. A certification required by this subsection shall be submitted to the commission with the holder's request form. (d) A holder's request under this section (1) may be filed with the commission on or after the effective date of the holder's notice form filed under 20 AAC 05.1710; (2) must be filed with the commission on or before the expiration date of the holder's notice form filed under 20 AAC 05.1710; and (3) must be filed with the commission within 90 days after the holder completed and signed the Holder's Request for Permanent Transfer of Entry Permit form. (e) A holder's request filed under this section may be withdrawn only upon a written request signed by both the holder and the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

20 AAC 05.1714 Commercial Fisheries Entry Commission

20 AAC 05.1714. Involuntary transfer: proposed transferee's request for permanent transfer of an entry permit under AS 16.43.170(g). (a) A request for the permanent transfer of an entry permit under AS 16.43.170(g) due to an execution on the holder's interest in that permit must be made on the form designated Request for Permanent Transfer of Entry Permit Due to Involuntary Action, provided by the commission. (b) A proposed transferee under AS 16.43.170(g) shall complete the Request for Permanent Transfer of Entry Permit Due to Involuntary Action form, including the transfer survey portion of that form. On the affidavit portion of the form, the proposed transferee shall swear to the commission under penalty of perjury that the information that the proposed transferee submits to the commission on the form and in all supporting documents and other information provided at any time in support of the request is true; that the transfer is not in violation of AS 16.43.150(g) or 20 AAC 05.1705; and that the proposed transferee is not prohibited by law or court order from participating in the transfer. The proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public or postmaster. If the proposed transferee fails to complete and sign the request form as required, the commission will deny the request for permanent transfer of the entry permit. (c) A transfer request under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the use or subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or an oral agreement for the use or subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the request form. If the proposed transferee is a party to an oral agreement, the proposed transferee shall certify to the commission in writing to the accuracy and completeness of the written statement regarding that agreement; the proposed transferee's signature on the certification must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. If the proposed transferee is not a party to a written or oral agreement described in this subsection, the proposed transferee shall certify to that fact to the commission in writing; the proposed transferee's signature on the certification must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. A certification required by this subsection must be submitted to the commission with the request form. (d) A request under this section (1) may be filed with the commission on or after the effective date of the execution on the holder's interest in that permit; and (2) must be filed with the commission within 90 days after the date the proposed transferee completed and signed the request form. (e) A request filed under this section may be withdrawn only upon a written request signed by the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

20 AAC 05.1716 Commercial Fisheries Entry Commission

20 AAC 05.1716. Voluntary transfer: denial of permit holder's request for permanent transfer of entry permit. (a) The commission will deny a permit holder's request under 20 AAC 05.1712 for permanent transfer of the holder's entry permit if (1) the transfer is not authorized by law or is otherwise invalid; (2) the transfer violates AS 16.43 or this chapter; (3) the holder or proposed transferee is prohibited by law from participating in the transaction; (4) a certificate for the permit under AS 16.10.333(b)(1) and (b)(2), 16.10.338, or AS 44.81.231 is in effect at the time of the proposed transfer; or (5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery. (b) If the commission denies a holder's request for permanent transfer of an entry permit under this section, the commission will so notify the holder and proposed transferee, giving the commission's findings of fact and conclusions. (c) If none of the conditions set out in (a) of this section exist, the commission will find that a request for transfer under 20 AAC 05.1712 is approvable.

20 AAC 05.1718 Commercial Fisheries Entry Commission

20 AAC 05.1718. Involuntary transfer: denial of proposed transferee's request for permanent transfer of entry permit. (a) The commission will deny a request under 20 AAC 05.1714 for permanent transfer of an entry permit due to involuntary action if (1) the execution does not comply with legal requirements, or is otherwise invalid; (2) the proposed transfer would violate AS 16.43 or this chapter; (3) the proposed transferee is prohibited by law from participating in the transaction; (4) a certificate for the permit under AS 16.10.333(b)(1) and (b)(2), 16.10.338, or AS 44.81.231 is in effect at the time of the proposed transfer; (5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery; or (6) the commission has made a determination of need under 20 AAC 05.1721 regarding the permit holder. (b) If the commission denies a request for permanent transfer of an entry permit under this section, the commission will so notify the proposed transferee, giving the commission's findings of fact and conclusions. (c) If none of the conditions set out in (a) of this section exist, the commission will find that a request for transfer under 20 AAC 05.1714 is approvable.

20 AAC 05.1720 Commercial Fisheries Entry Commission

20 AAC 05.1720. Application for transfer. Repealed.

20 AAC 05.1721 Commercial Fisheries Entry Commission

20 AAC 05.1721. Determination of need regarding permit holder. (a) Upon receipt under 20 AAC 05.1714 of a request for transfer that is approvable under 20 AAC 05.1718(a)(1) - (a)(5), the commission will notify the permit holder in writing that the holder may apply to the commission for a determination of need. (b) Application for a determination of need must be made to the commission, on a form provided by the commission, within 30 days after the holder receives notice from the commission under (a) of this section. (c) Upon request by the commission, an applicant under this section shall produce documentation of the facts supporting the application and shall furnish any other information that the commission finds necessary to support the application. If the required documentation or information in support of an application is not submitted to the commission within 60 days after notification that the supporting documentation or other information is required, the commission will deny the application. (d) The commission will base its determination of need under this section on evidence that tends to show the reasonably available means of support for the permit holder and for those dependent upon the permit holder, including earnings of the permit holder from any source and support provided by the permit holder to those dependent upon the holder. The commission will not consider any form of public assistance as a reasonably available means of support for the permit holder or for those dependent upon the permit holder. (e) The commission will not accept a waiver of the permit holder's right to request a determination of need unless the waiver is submitted to the commission (1) after notice is given under (a) of this section; and (2) on the form designated waiver of Right to Determination of Need, provided by the commission. (f) In this section, "determination of need" means the commission's determination that a permit holder has demonstrated that the holder's permit is a necessary means of support for the holder and those dependent upon the holder.

20 AAC 05.1723 Commercial Fisheries Entry Commission

20 AAC 05.1723. Commission's right of first refusal under AS 16.43.170(h) to purchase entry permit. As provided in AS 16.43.170(h), the commission has the right of first refusal to purchase an entry permit for which a request for permanent transfer due to involuntary action is filed with the commission under 20 AAC 05.1714. A completed form, designated Right of First Refusal to Purchase Entry Permit, provided by the commission, must be filed at the time the request form is filed with the commission under 20 AAC 05.1714 and must specify the price and other terms of the execution sale regarding the permit. If the commission does not exercise its right of first refusal within 30 days after the commission has determined that a request for transfer under 20 AAC 05.1714 is approvable under AS 16.43.170(g) and 20 AAC 05.1718, the permit will be transferred in accordance with 20 AAC 05.1742.

20 AAC 05.1725 Commercial Fisheries Entry Commission

20 AAC 05.1725. Permanent transfer of an entry permit under AS 16.43.140(c)(5). (a) A request for permanent transfer of an entry permit under AS 16.43.140(c)(5) shall be made on the form designated Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140(c)(5), revised October 2002, and adopted by reference. (b) The holder and the proposed transferee shall complete the Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation under AS 16.43.140(c)(5) form provided by the commission, including Parts I and II of the Required Permit Transfer Information portion of the request form. The holder and the proposed transferee each shall swear to the commission under penalty of perjury that, to the individual's knowledge, neither the holder nor the proposed transferee is prohibited by law or court order from participating in the transfer, and the information submitted to the commission on the form and all supporting documents and other information provided at any time in support of the transfer request is true. The holder's and proposed transferee's signature on the affidavit portion of the form must be witnessed by a notary public, postmaster in this state, or other officer authorized by state or federal law to take oaths, affirmations, or acknowledgements. The commission will deny a request for permanent transfer of an entry permit if the holder or proposed transferee fails to complete and sign the request form as required under this section. (c) In addition to the requirements under (b) of this section, the proposed transferee shall certify on the request form an understanding that the transferee (1) is authorized to hold a second entry permit for the purpose of fleet consolidation under AS 16.43.140(c)(5); (2) may not engage in fishing under the second permit and will not be issued a permit card for the second permit; and (3) may not emergency transfer the second permit, except under 20 AAC 05.1946(3)(B). (d) A request for permanent transfer of an entry permit under this section must include an accurate and complete copy of any written transfer agreement for the permit and any written agreements for the subsequent transfer of the permit. If there is an oral agreement for the transfer of the permit or any oral agreement for the subsequent transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements shall be submitted to the commission with the transfer request form. The commission may deny the transfer of a permit under this section, if the commission finds the terms of an agreement are inconsistent with the information provided under (b) and (c) of this section, or are contrary to the provisions of AS 16.43.150(g). (e) A request for the permanent transfer of an entry permit under this section (1) may be filed with the commission on or after the effective date of the holder's notice form filed under 20 AAC 05.1710; (2) must be filed with the commission on or before the expiration date of the holder's notice form filed under 20 AAC 05.1710; and (3) must be filed with the commission within 90 days after the holder completed and signed the Request for Permanent Transfer of Entry Permit for Purpose of Fleet Consolidation form. (f) A request for permanent transfer filed under this section may be withdrawn only upon a written request signed by both the holder and the proposed transferee. The withdrawal takes effect when the signed request is received by the commission.

20 AAC 05.1730 Commercial Fisheries Entry Commission

20 AAC 05.1730. Transfer and reissuance of entry permits. Repealed.

20 AAC 05.1731 Commercial Fisheries Entry Commission

20 AAC 05.1731. Lease, encumbrance, attachment, distraint or retained right of repossession prohibited. Repealed.

20 AAC 05.1735 Commercial Fisheries Entry Commission

20 AAC 05.1735. Designation of agents by commission. (a) The commission will, in its discretion, designate agents for the purpose of receiving and reviewing notices of intent to transfer and requests for transfer. (b) Properly completed notices of intent to transfer and requests for transfer received under this section must be date stamped and forwarded to the commission. Properly completed forms are received by the commission on the date received by a designated agent of the commission.

20 AAC 05.1740 Commercial Fisheries Entry Commission

20 AAC 05.1740. Emergency transfers. (a) A holder of an entry permit or interim-use permit in a limited fishery or a fishery subject to a moratorium may apply for an emergency transfer of the entry or interim-use permit to another person by making application to the commission on a form provided by the commission. (b) The commission will grant an emergency transfer of an entry permit if the proposed transferee is not a permit holder in the fishery and is presently able to participate actively in the fishery, and if it is established that illness, disability, death, required military or government service, or other unavoidable hardship of a temporary, unexpected, and unforeseen nature prevents the transferor from participating in the fishery. If the entry permit is not transferable under AS 16.43.170(e), the emergency transfer will be granted only to allow the continued operation of the transferor's vessel or setnet site and fishing gear or, in the dive fisheries, the transferor's dive fishery operation. Temporary emergency transfer of an interim-use permit issued under AS 16.43.210(b), 16.43.225, or 16.43.227 or of a permit held by an estate will be granted by the commission to alleviate hardship. Temporary emergency transfer of an interim-use permit in an unlimited fishery issued under AS 16.43.210(a), will be granted by the commission if reasonably necessary in order for the fishing operation to continue until another permit may be obtained. The commission may grant a temporary emergency transfer of an entry permit to a proposed permanent transferee to alleviate hardship if the intent to permanently transfer the entry permit cannot presently be fulfilled in spite of substantial and good faith efforts to do so. (c) Where illness, disability, or death precludes communication by the transferor, the commission will, in its discretion, authorize the emergency transfer of an entry permit or interim-use permit upon application by a person other than the transferor. (d) Unless otherwise limited by the commission, an emergency transfer is effective until the emergency is over, or until the end of the season, or until the transferor submits a request that the permit be returned, whichever occurs first. (e) The proposed transferor and transferee of an emergency transfer under this section shall provide information and executed releases for information the commission determines is reasonably necessary to establish the basis upon which the emergency transfer is requested. Sufficient proof to verify the basis of the transfer must be submitted when the transfer request is made. (f) Repealed 1/29/82. (g) Where illness, disability or other unavoidable hardship, as described in (c) of this section, began or death occurred within 14 days immediately preceding the mailing date of a properly completed Request for Emergency Transfer of Permit form, the commission or an agent of the commission may certify the application as complete by dating and signing the form. The commission agent will not certify the form as complete unless the form is accompanied by an envelope addressed to the commission with adequate postage. The proposed emergency transferee may fish with the carbon copy of the form for no more than 14 days following the date the form was certified as complete, unless extended by the commission. Upon approval of the request for emergency transfer, the commission will issue a temporary permit card to the emergency transferee. Upon denial of the request, the commission will notify the permit holder and proposed transferee of its decision and of the fact that fishing with the carbon copy of the application form is no longer authorized. (h) A proposed emergency transferee of a permit may not fish with a carbon copy of a Request for Emergency Transfer of Permit form if the (1) form has not been signed and dated by an agent of the commission; (2) request is based on a circumstance, described in (b) of this section, that arose more than 14 days before the form is received by the commission; (3) annual permit renewal form and fee have not been received and processed by the commission. (i) If the commission grants an emergency transfer and the basis for the emergency transfer continues at the time the transferor applies for an emergency transfer for the following season, the commission will grant an emergency transfer for that following season. For subsequent seasons, the commission will grant an emergency transfer only upon a showing by the permit holder of (1) a new unavoidable hardship of an unexpected and unforeseen nature that prevents the permit holder from fishing; or (2) a continuation of the basis for the first emergency transfer in addition to extraordinary circumstances; for purposes of this paragraph, "extraordinary circumstances" are circumstances beyond the control of the permit holder that can be addressed by granting an emergency transfer, such as (A) the failure of a good faith attempt to participate in the fishery; (B) a realistic intent to return to the fishery within a reasonable period of time after the first emergency transfer based upon a high probability of removal of the disability or unavoidable hardship that gave rise to the first emergency transfer; or (C) an intent to permanently transfer the permit that cannot presently be fulfilled in spite of substantial, good faith efforts to do so; "extraordinary circumstances" do not include the effects of economic, biological, or regulatory variable that are normally part of the risk of doing business as a fisherman, such as an economic choice, retirement from the fishery, permanent illness or disability, or lack of a market for the sale of a permit. (j) The transferor may revoke an emergency transfer at any time by submitting to the commission or an agent of the commission (1) a completed Request for Return of Original Permit Card form provided by the commission; and (2) the permit card. (k) A permittee may not fish with a copy of the Request for Return of Original Permit Card form unless the form has been submitted to the commission through an agent of the commission, and that agent has certified the application as complete by dating and signing the form. A permittee may submit to the commission an otherwise properly completed Request for Return of Original Permit Card form that is not signed and dated by an agent; however a copy of the form may not be retained for fishing. (l) For the purposes of receiving and certifying as complete a Request for Emergency Transfer of Permit form and a Request for Return of Original Permit Card form, an employee of the Department of Fish and Game or of the Department of Public Safety, division of fish and wildlife protection, is an agent of the commission.

20 AAC 05.1742 Commercial Fisheries Entry Commission

20 AAC 05.1742. Transfer and reissuance of entry permits. If the commission finds that a request for transfer of an entry permit is approvable under 20 AAC 05.1716, or is approvable under 20 AAC 05.1718 and the commission does not exercise its right of first refusal as provided in 20 AAC 05.1723, the commission will reissue the entry permit to the proposed transferee.

20 AAC 05.1745 Commercial Fisheries Entry Commission

20 AAC 05.1745. Bristol Bay pilot project. Repealed 12/31/88.

20 AAC 05.1746 Commercial Fisheries Entry Commission

20 AAC 05.1746. Bristol Bay transfer project. Repealed.

20 AAC 05.1750 Commercial Fisheries Entry Commission

20 AAC 05.1750. Transfer upon death of the holder. (a) An entry permit survives the death of the holder, but an entry permit issued under AS 16.43.250(c) may be emergency transferred under 20 AAC 05.1740 only for the remainder of the calendar year in which the permit holder's death occurred. Except for a permit issued under AS 16.43.250(c) and subject to (h) of this section, a permit will be transferred by the commission directly to the surviving spouse by right of survivorship, or if no spouse survives, to a natural person designated by the permit holder on a designation form provided by and filed with the commission, if any, unless the deceased holder has expressed a contrary intent in a will that is probated. After 90 days following the permit holder's death, the surviving spouse or the person designated by the permit holder may apply for the permanent transfer of the permit into that person's name by submitting a form provided by the commission along with a copy of the permit holder's death certificate, a copy of the permit holder's will, if any, and other documentation specified by the commission. The designation form is only effective if it is filed with the commission before the permit holder's death. A subsequent designation form filed by the permit holder will replace the earlier form if it is filed with the commission before the permit holder's death. An applicant with a limited entry permit application pending before the commission may file a designation form with the commission. (b) Except for a permit issued under AS 16.43.250(c), if no spouse survives the deceased permit holder and no person has been designated by the permit holder to receive the permit, the rights to the permit pass to the permit holder's estate. The authorized representative of the deceased holder's estate may apply for an emergency transfer of an entry permit pending final disposition of the permit as a part of the holder's estate, by making application to the commission on a form provided by the commission. The emergency transfer must be to a person who is not a permit holder in the fishery and who can establish the present ability to participate actively in the fishery. The commission will approve an application for an emergency transfer under this subsection if the representative establishes that the permit holder is deceased and that the representative is authorized to request the transfer. Unless further restricted by the authorized representative, an emergency transfer under this subsection is effective for the remainder of the year. Except for a permit issued under AS 16.43.250(c), the authorized representative may annually renew an entry permit and may apply for subsequent emergency transfers if he or she establishes that the permit has not been finally disposed of as part of the deceased holder's estate. (c) The authorized representative may make final disposition of the entry permit under 20 AAC 05.1700 - 20 AAC 05.1730 upon demonstrating authorization for that action from the appropriate judicial authorities, unless otherwise exempted from this requirement by state law. (d) Before an authorized representative may direct the disposition of an entry permit, that authorized representative must have letters of appointment or administration on file with the commission. (e) A person who receives a permit by inheritance, by designation, or by right of survivorship will receive title to that entry permit but will not be issued a permit card unless the person has certified, on a form provided by the commission, present ability and intent to participate actively in the fishery. (f) An annual request for emergency transfer of an entry permit held by a person who received that permit by right of survivorship, designation, or inheritance may be granted by the commission for the three years after the decedent's death, unless the recipient has fished the permit since the death of the holder. The commission may grant additional emergency transfers beyond the three years after the death of the decedent upon a showing by the recipient of a new unavoidable hardship under 20 AAC 05.1740(i)(1), of extraordinary circumstances as described in 20 AAC 05.1740(i)(2), or that the permit remains a principal source of income to the recipient's family. If the recipient is a youth or a surviving spouse who intends to permanently transfer the permit to an immediate family member that is a youth, upon request the commission may grant annual requests for emergency transfers until the youth has reached the age of presumptive ability to participate as set out in 20 AAC 05.1707(a). An emergency transfer granted under this subsection is valid for the remainder of the calendar year in which it is granted. (g) Repealed 5/4/95. (h) The commission will not process an application for the permanent transfer of a permit under (a) of this section if the commission has initiated a proceeding that may result in the forfeiture or revocation of a permit. If at the conclusion of the proceeding the permit has not been forfeited or revoked, the commission will process the application for permanent transfer.

20 AAC 05.1760 Commercial Fisheries Entry Commission

20 AAC 05.1760. Administrative hearings. Either the holder of an entry or interim-use permit, the agent authorized in accordance with 20 AAC 05.1960, the authorized representative of a deceased holder's estate, or the proposed transferee may request an administrative hearing and adjudication under the provisions of 20 AAC 05.1800 - 20 AAC 05.1855 to contest a determination by the commission under 20 AAC 05.1700 - 20 AAC 05.1750.

20 AAC 05.1765 Commercial Fisheries Entry Commission

20 AAC 05.1765. Expedited review. Repealed.

20 AAC 05.1770 Commercial Fisheries Entry Commission

20 AAC 05.1770. Definitions for 20 AAC 05.1700 - 20 AAC 05.1770. (a) In 20 AAC 05.1700 - 20 AAC 05.1770 (1) repealed 11/13/94; (2) "filing date" means the date upon which a document is delivered to the commission; except that a request to transfer will be considered filed upon the expiration of 60 days following the filing date of the notice of intent to transfer or when delivered to the commission, whichever occurs last; (3) "effective date" means the date 60 days after the filing date of the notice of intent to transfer, or the date of expiration of a prior notice of intent to transfer, whichever occurs last; (4) "expiration date" means the date 12 months after the filing date; (5) "present ability to participate actively" means the person is physically able to harvest fish in the fishery and has reasonable access to commercial fishing gear of the type utilized in that fishery; (6) "holder" means the person to whom the entry permit is issued; (7) "authorized representative of a deceased holder's estate" or "authorized representative" means the personal representative duly appointed to administer the estate of a deceased entry permit holder under the provisions of AS 13.16.245 - 13.16.330 or under comparable provisions of the laws of the jurisdiction of the deceased holder's estate; (8) "disability" means a serious impairment or loss of physical function; (9) repealed 3/26/2021; (10) "immediate family" means spouse, child, stepchild, parent, step-parent, brother, step-brother, sister, step-sister, parent-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in-law; (11) "required governmental service" includes service at the federal, state, or local level required by law or which, if voluntarily performed, is not the permit holder's primary occupation; service without compensation, or service for which only stipend, per diem, or expenses are paid is prima facie evidence that the service provided is not the permit holder's primary occupation; (12) "required military service" means any service in the Armed Forces of the United States or the several states including related branches of service or substituted service where that service is required by law, or voluntary service during time of war or other national or local emergency; (13) "hardship," with respect to the emergency transfer of limited entry permits and interim-use permits, means privation and suffering, and does not include the results of a permit holder's own economic decisions, nor the results of economic, biological, or regulatory variables which are normally part of the risk of doing business as a fisherman. (b) In AS 16.43.170(g) and (h) and in 20 AAC 05.1700 - 20 AAC 05.1770, "execution" means attachment, distraint, or sale on execution of judgment or under any other process or order of any court, or any other involuntary action.

Article 18 Administrative Hearings and Adjudications

20 AAC 05.1800 Commercial Fisheries Entry Commission

20 AAC 05.1800. Matters covered. The provisions of 20 AAC 05.1800 - 20 AAC 05.1865 apply to all matters presented to the commission for administrative hearing and adjudication. The provisions of 20 AAC 05.1870 apply to show cause proceedings.

20 AAC 05.1804 Commercial Fisheries Entry Commission

20 AAC 05.1804. Parties. Parties to commission proceedings under 20 AAC 05.1800 - 20 AAC 05.1870 include those persons or entities that have requested and been granted an administrative hearing, other persons or entities allowed or ordered to participate in an administrative hearing, respondents in a show cause proceeding or a proceeding to suspend representation, and the commission as represented by a state's representative.

20 AAC 05.1805 Commercial Fisheries Entry Commission

20 AAC 05.1805. Request for an administrative hearing. (a) An applicant or other party may request an oral or written administrative hearing by filing a request for a hearing with the commission. The request for a hearing must contain a statement of why the commission's determination should be changed, and indicate which findings of fact, interpretation of regulation, or interpretation of statute the party believes to be in error. An administrative hearing will be granted upon the determination that the written request for a hearing demonstrates a genuine issue in contention. (b) The following schedule governs requests for a hearing: (1) Application classification or denial. The request for a hearing must be received on or before the 45th day following the mailing date of the notice of classification or notice of denial, whichever was earlier. (2) Ineligibility for classification as a resident of Alaska under 20 AAC 05.290 for purposes of permit annual fee payment or ineligibility for the reduced annual fee under AS 16.43.160(c). The request for a hearing must be received on or before the 45th day following the date that the notice of ineligibility for the lower fee was mailed to the applicant. (3) Transfer of an entry permit or interim-use permit under 20 AAC 05.1700 - 20 AAC 05.1770. The request for a hearing must be received on or before the 45th day following the date that the notice of denial was mailed to the holder and the proposed transferee. (4) All other final commission determinations. The request for a hearing must be received on or before the 45th day following the mailing of the written notice of the commission's determination. (c) Failure to request a hearing following a determination by the commission, as set out in (b) of this section, precludes further administrative consideration. (d) Repealed 10/28/2006. (e) The denial by a hearing officer of a request for an administrative hearing is a final decision for which administrative review may be sought under 20 AAC 05.1845.

20 AAC 05.1810 Commercial Fisheries Entry Commission

20 AAC 05.1810. Notice of hearing. In all cases where an administrative hearing is granted, the commission will determine the time and place of hearing and deliver or mail a notice of hearing to the applicant or other party at least 30 days before the hearing. The applicant or other party may waive the 30-day notice requirement.

20 AAC 05.1815 Commercial Fisheries Entry Commission

20 AAC 05.1815. Scope of hearing. (a) Repealed 5/20/90. (b) If the hearing officer determines that a genuine issue exists regarding the interpretation of a regulation or statute, and that no facts are in dispute, the hearing officer may order that the issue be decided without holding an evidentiary hearing. The hearing officer shall submit a statement of issues to the applicant or other party and provide a reasonable time to submit oral or written argument. The scope of arguments must be limited to the issues listed in the hearing officer's statement. The hearing officer's written decision following argument is subject to the administrative review pursuant to 20 AAC 05.1845.

20 AAC 05.1817 Commercial Fisheries Entry Commission

20 AAC 05.1817. Disqualification of a hearing officer. (a) A hearing officer shall withdraw from a proceeding whenever he deems himself disqualified. A hearing officer may withdraw from a proceeding at the request of a party if the request precedes the hearing officer's entry of decision, provided that the party making such request sets forth in an affidavit the details forming the basis for the alleged disqualification or personal bias. The affidavit must be sufficient on its face. (b) If a hearing officer refuses a request of a party to disqualify or withdraw, he shall so rule on the record, stating the grounds for his ruling and shall proceed with the hearing or, if the hearing has closed, he shall proceed with issuance of his decision.

20 AAC 05.1820 Commercial Fisheries Entry Commission

20 AAC 05.1820. Rules of evidence. (a) Oral evidence may be taken only upon oath or affirmation. (b) Alaska Rules of Evidence apply except when the hearing officer determines that their application is not required in order to assure fair treatment of the applicant or other party and that the evidence offered is relevant and of the sort on which responsible persons are accustomed to rely in the conduct of serious matters. (c) The applicant or other party and the hearing officer may (1) call and examine witnesses; (2) introduce exhibits; (3) cross-examine opposing witnesses on matters relevant to the issues even though the matter was not covered in the direct examination. If the applicant or other party does not testify, he may be called and examined by the hearing officer. (d) The applicant or other party shall bear the burden of proving by a preponderance of the evidence that a determination of the commission is erroneous. (e) In a show cause proceeding under AS 16.43.960, the commission has the burden of proving by a preponderance of the evidence that a person or entity knowingly provided, assisted in providing, or failed to correct false information provided to the commission for the purpose of obtaining a benefit. (f) Repealed 10/28/2006.

20 AAC 05.1825 Commercial Fisheries Entry Commission

20 AAC 05.1825. Prehearing conferences, orders, subpoenas, depositions, and documents. (a) The hearing officer may issue orders and schedule prehearing conferences requiring the attendance of parties in order to establish procedures for discovery and briefing, simplify the issues, discuss settlement, and otherwise facilitate resolution of a proceeding. (b) Upon the hearing officer's own motion or upon request of an applicant or other party for good cause shown, the hearing officer may issue subpoenas and subpoenas duces tecum to compel production of testimony or other evidence. (c) The hearing officer may order that the testimony of a material witness be taken by deposition. (d) Unless good cause is shown or unless otherwise ordered by the hearing officer, depositions and other documents intended to be used at hearing must be filed with the hearing officer at least 14 days before the scheduled hearing.

20 AAC 05.1830 Commercial Fisheries Entry Commission

20 AAC 05.1830. Continuances and waivers. For good cause shown or at the hearing officer's discretion, a hearing officer may order the continuance of a hearing or the waiver of a procedural requirement of 20 AAC 05.1800 - 20 AAC 05.1870.

20 AAC 05.1835 Commercial Fisheries Entry Commission

20 AAC 05.1835. Default. If an applicant or other party fails to appear at an oral hearing, the hearing officer or commissioners, unless good cause is shown, may act upon the evidence of record without notice to the applicant or other party. Good cause will be found only for unexpected, unforeseen, and unavoidable circumstances which arise within two working days before the date and time set for the hearing and which cause a party to be unable to attend the scheduled hearing. For circumstances which arise more than two working days before the scheduled hearing, a continuance must be sought and obtained by the applicant or other party before the date of the scheduled hearing, or the applicant will be found to be in default.

20 AAC 05.1840 Commercial Fisheries Entry Commission

20 AAC 05.1840. Hearing officer decisions. (a) The hearing officer shall issue a written decision containing findings and conclusions, and the reasons or basis for them, on all material issues of fact, law, or discretion presented on the record. The written decision must also set out an appropriate order resolving those issues. (b) A hearing officer's decision becomes effective if (1) the commission adopts the hearing officer's decision as a final commission decision; and (2) within the 60-day period after the hearing officer's decision is hand-delivered or mailed to the applicant or other party, the applicant or other party does not file a petition for administrative review under 20 AAC 05.1845. (c) The hearing officer's written decision must be hand-delivered or mailed to the applicant or other party, and must include a notice specifying the right to petition the commissioners for administrative review of adverse decisions. (d) The hearing officer may issue a preliminary order before issuing a favorable written decision allowing the transfer of a permit. Upon issuance of such a preliminary order, the transfer will be allowed on a provisional basis pending the final commission decision in the matter. Preliminary orders must be hand-delivered or mailed to the applicant or other party and must include a notice specifying that the transfer is being allowed on a provisional basis only and that the hearing officer's order and written decision may be affirmed, modified, or reversed by the commissioners upon administrative review. The periods of time set by 20 AAC 05.1845 do not begin to run until the complete written decision by the hearing officer is hand-delivered or mailed to the applicant or other party. (e) Notwithstanding (b) of this section, the commission will, in its discretion, adopt and give effect to a hearing officer's decision before the end of the 60-day period if the applicant or other party has requested an earlier effective date. If the commission fails to adopt the hearing officer's decision within five working days after the 60-day period set out in (b) of this section, the commission will conduct administrative review of that decision under 20 AAC 05.1845. For the purpose of this subsection, "working days" means calendar days, except Saturday, Sunday, or a state holiday.

20 AAC 05.1845 Commercial Fisheries Entry Commission

20 AAC 05.1845. Administrative review. (a) An applicant or other party may file a petition for administrative review, by the commission, of a decision by a hearing officer, within the 60-day period set out in 20 AAC 05.1840(b)(2). The commission will, in its discretion, and on its own motion, order administrative review of any written decision issued by a hearing officer if the commission has not yet adopted that decision. If the petitioner fails to act within the 60-day period, a late petition will be accepted only upon good cause shown. (b) A petition for administrative review submitted by a petitioner must be in writing and must contain the following: (1) a statement setting out the reasons that the decision should be changed; (2) a listing of those findings of fact or interpretations of regulations or statutes that the petitioner believes to be in error; (3) a statement as to whether a written or oral presentation before the commissioners is desired; (4) a showing of the reasons why an oral presentation is necessary if it is desired; (5) a request to supplement the record of the proceedings if desired; (6) a summary of any new documentary evidence or testimony that is sought to be added to the record; and (7) an explanation as to why the new documentary evidence or testimony was not made a part of the record earlier. (c) The commission will grant a petition for administrative review only if, in its judgment, it appears that a question of law, fact, or discretion exists that might lead it to modify or reverse the hearing officer's decision, and if it appears that the applicant or other party acted with due diligence in making claims and presenting evidence in the administrative hearing before the hearing officer. (d) A presentation to the commission, either oral or written, must be limited to the record of the proceedings as developed during the administrative hearing before the hearing officer, unless the commission specifically authorizes supplementation of the record by adding new documentary evidence or testimony. The commission will, in its discretion, specifically authorize supplementation of the record on the request of a petitioner or on its own motion. If supplementation is authorized, the commission will, in its discretion, refer the case back to a hearing officer for a second written decision following consideration of the new evidence or a supplemental administrative hearing. The commission will, in its discretion, exercise all those powers granted to hearing officers in 20 AAC 05.1820 - 20 AAC 05.1840. (e) Written presentations must be made to the commission within a deadline that, in the commission's judgment, is reasonable under the circumstances of the case. (f) Oral presentations must be conducted before a quorum of the commission. If the petitioner fails to appear as scheduled for an oral presentation, the commission will grant an additional opportunity only for good cause shown. (g) Repealed 5/20/90. (h) The commission will affirm, modify, or reverse the decision of the hearing officer. If the decision of the hearing officer is modified or reversed, the commission will issue a written decision containing findings and conclusions, and the reasons or bases for them, on all material issues of fact, law, or discretion presented on the record. The written decision will also set out an appropriate order resolving those issues. (i) Unless otherwise specified by the commission, the commission's decision upon administrative review is effective and final 30 days after it is delivered or mailed to the petitioner, unless a reconsideration is ordered or a petition for reconsideration is filed within that period of time.

20 AAC 05.1850 Commercial Fisheries Entry Commission

20 AAC 05.1850. Reconsideration. (a) The commission will, in its discretion, order a reconsideration of its decision on its own motion within 30 days of a final commission decision. (b) An applicant or other party may file a petition for reconsideration of a final commission decision within 30 days after the date of the decision. The petition for reconsideration by the applicant or other party must specify the grounds upon which the petitioner believes the decision to be erroneous. The commission will grant reconsideration only if the commission determines that a question of law, fact, or discretion exists that might lead the commission to modify or reverse its final decision. If the petition for reconsideration is not granted within 30 days after the receipt of the petition, it is denied.

20 AAC 05.1855 Commercial Fisheries Entry Commission

20 AAC 05.1855. Appearances. Repealed 4/7/75.

20 AAC 05.1860 Commercial Fisheries Entry Commission

20 AAC 05.1860. Representation. (a) An applicant may represent himself before the commission or may file a written authorization for another person to represent him before the commission. (b) A former employee of the commission may not represent an individual before the commission in connection with a matter involving that individual if the former employee participated personally and substantially in the matter while an employee of the commission. (c) A representative may not (1) use testimony or evidence which he knows or should know to be perjured or false; (2) make a statement of fact or law which he knows or should know to be false; (3) participate in the creation or preservation of evidence when he knows or should know that the evidence is false; (4) counsel, assist, or participate with the person he represents in conduct that the representative knows or should know to be illegal or fraudulent; or (5) otherwise conduct himself in an unethical or unprofessional manner. (d) A representative who violates the standards set out in this section will, in the discretion of the commission, be suspended from further representation before the commission. The commission will notify the representative in writing of a proposed suspension. The representative is entitled to an administrative hearing under 20 AAC 05.1800 - 20 AAC 05.1850. The commission has the burden of proving by a preponderance of the evidence that the representative should be suspended from further representation of others before the commission.

20 AAC 05.1865 Commercial Fisheries Entry Commission

20 AAC 05.1865. Investigations. (a) The commission will conduct investigations for the purpose of determining compliance with AS 16.43 and regulations adopted by the commission. The scope of investigation is limited to information and material reasonably related to carrying out that purpose. Investigations will be conducted in conformity with state and federal laws. (b) The commission will issue any subpoenas or subpoenas duces tecum necessary to compel production of testimony or evidence reasonably related to the purpose of an investigation. (c) Based on the findings and recommendation of the investigator, the commission may initiate a show cause proceeding under AS 16.43.960 or a fee arrearage collection under 20 AAC 05.1805(b)(2).

20 AAC 05.1870 Commercial Fisheries Entry Commission

20 AAC 05.1870. Show cause proceedings. (a) A show cause proceeding under AS 16.43.960 is subject to the provisions of 20 AAC 05.1800 - 20 AAC 05.1865 except as specified in AS 16.43.960 and this section. (b) A show cause proceeding under AS 16.43.960 may be initiated by a commissioner or the commission's designee. A show cause proceeding is initiated by the issuance of a notice to show cause as set forth in AS 16.43.960. (c) A notice to show cause must be served upon the respondent personally, or by certified or registered mail at least 60 days in advance of the date of hearing. (d) A respondent must file a response to the notice to show cause with the hearing officer within 30 days after the date of the notice to show cause. In the response, the respondent must admit or deny each of the allegations contained in the notice to show cause and, for each allegation denied, must set out a short and plain statement of the respondent's basis for denial. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent may so state; the statement has the effect of denying the allegation. Failure to deny an allegation constitutes an admission of the allegation. (e) Unless otherwise ordered by the hearing officer, any defense, objection, or request that is capable of determination before hearing, may be raised before hearing by motion, but the following must be raised in writing and filed with the hearing officer at least 30 days before a prehearing conference or, if no prehearing conference is scheduled, 30 days before the hearing: (1) a defense or objection based on a defect in the institution of the proceeding; (2) a defense or objection based on a defect in the notice to show cause; (3) a request to suppress or exclude evidence; (4) a request to sever or join allegations or respondents; (5) a request for discovery, issuance of a subpoena, or taking of a deposition; (6) a request for change of venue. (f) Failure of a party to timely raise a defense or objection or to make a request that must be made before hearing constitutes a waiver of the defense or objection, but the hearing officer, for good cause shown, may grant relief from such a waiver. (g) In its discretion, the commission will, upon its own motion or upon the written request of a party, affirm, modify, or reverse a hearing officer's ruling on a request for a subpoena or other matter. A party must file its written request with the commission no later than 14 days following the hearing officer's ruling, and no later than 14 days before the hearing. (h) The hearing will be conducted before a quorum of the commission and will be presided over by a hearing officer who will rule on the presentation of evidence and other procedural matters. (i) The commission, in its discretion and upon its own motion, or upon request of a party at hearing, will modify or reverse the hearing officer's ruling on a procedural or evidentiary matter made during the hearing. (j) The affidavit in support of a notice to show cause is not evidence of record in a contested case unless it is offered and accepted into evidence. (k) If the commission finds cause for the revocation of an entry permit or interim-use permit, the commission will, in its discretion, suspend the use of the permit for a fixed period of time. The commission's order to suspend a permit is automatically stayed until administrative and judicial remedies afforded the permit holder have been exhausted. A permit that is suspended or is subject to a stayed order of suspension may not be permanently transferred until the suspension has expired or is removed.

Article 19 Miscellaneous Provisions

20 AAC 05.1900 Commercial Fisheries Entry Commission

20 AAC 05.1900. Communications. (a) All correspondence with the commission should be addressed to the commission at its principal office. (b) A written communication to the commission, except a notice of intent to permanently transfer an entry permit, is officially submitted to, filed with, and received by the commission when postmarked, or delivered to the commission's office, a commission employee, or agent designated by the commission. A notice of intent to permanently transfer an entry permit is submitted to, filed with, and received by the commission only when it is delivered to the commission's office, a commission employee, or agent designated by the commission. (c) No correspondence signed by an individual staff member or commissioner shall be deemed to state an official determination or decision by the commission unless the signature is preceded by the recital "By Direction of the Commercial Fisheries Entry Commission." The presence of this recital constitutes presumptive evidence that the signatory has been delegated authority to state the commission's action in the particular matter.

20 AAC 05.1910 Commercial Fisheries Entry Commission

20 AAC 05.1910. Remittances and charges. (a) A remittance shall be by authorized credit card, or by money order, bank draft or check payable to the Commercial Fisheries Entry Commission. Remittances in coin or currency will be sent at the risk of the loss of money sent in that manner. (b) Repealed 12/29/2000. (c) The commission will charge for the costs it incurs in furnishing copies of any printed, typed, or computer-generated material in its possession. For a request regarding computer-generated material, the request will not be processed until payment of the copying charge is received by the commission. Charges for copies under this subsection are as follows: Staff Time Special Request Programming$50 per hourRegular Request Programming$30 per hourClerical Skills$25 per hourSpecialized Skills$35 per hourMedia Printed Paper$.20 per printed page sideCopies$.20 per printed page sideMailing Labels$.35 per pageCassette Tapes$5 per tapeCompact Disc (CD)$25 per CD (rate includes the cost for the set-up of the CD and the cost of the CD, but does not include the cost for any program- ming required to develop the data)Miscellaneous Computer time - LAN batch $50 per hour ($20 minimum)processingMailing/packaging/archiving$30 per requestMainframe usageFees are governed by DOA/DIS chargeback rates Click to view TABLE (d) A $10 user fee is established for the following services rendered at field offices staffed by Commercial Fisheries Entry Commission employees to provide the public with an alternative to obtaining licenses by mail from commission headquarters: (1) embossing of a limited entry or interim-use permit card if obtained by original issuance, annual renewal, permanent or emergency transfer, or replacement of a lost or damaged card; (2) issuance of a vessel license owner's receipt card if obtained by original issuance, annual renewal, change of vessel ownership, replacement of a lost or damaged vessel license receipt card, or registration for salmon net area or hand/power trolling. (e) A person who issues to the commission a check that is dishonored shall, within 30 days after the date that demand for payment is mailed to that person, tender to the commission an amount equal to the amount of the check plus $25. An entry permit, interim-use permit, vessel license, or other benefit obtained by a dishonored check is invalid (1) at all times until payment is made if the person who issued the check knew that it would be dishonored due to the nonexistence of an account, the closure of the account, or the issuance of a stop payment order; or (2) on the 31st day following demand for payment if payment is not made within the 30 days allowed and if the check was dishonored due to insufficient funds in an active account or was dishonored for any other reason without the knowledge of the person who issued the check. (f) Repealed 5/16/2002. (g) The following fees apply to the issuance of duplicate permit cards and vessel licenses: (1) duplicate permit card is $20; (2) duplicate metal ADF&G number plate is $20; (3) duplicate vessel license, consisting of a receipt or annual sticker, or both, is $20; (4) there is no fee for a duplicate permit certificate or for a vessel salmon net area registration tab. (h) The fee to process permanent transfers and emergency transfers of interim-use and entry permits is $50. Instead of the $50 processing fee, the transferor or transferee may pay a fee of $25 if both the transferor and transferee meet the eligibility standards for the federal food stamp program as described in AS 16.43.160(d). (i) The fee for the initial issuance of a metal ADF&G number plate is $30. (j) The processing fee to mail a permit card or vessel license, or both, by expedited mail is $15.

20 AAC 05.1920 Commercial Fisheries Entry Commission

20 AAC 05.1920. Permit files. The commission will maintain a file of interim-use permit and entry permit information. The file will contain information pertaining to, but not limited to, the following: (1) issuance of the permit to the named applicant; (2) annual renewal of the permit; (3) any assessment; (4) payment of any assessment; (5) forfeiture of the permit; (6) application for temporary transfer of the permit; (7) temporary or emergency transfer of the permit to the named person; (8) notice of intent to transfer the permit; (9) revocation of notice of intent to transfer the permit; (10) application for transfer of the permit; (11) withdrawal of application for transfer of the permit; (12) reissuance of the permit to named person.

20 AAC 05.1930 Commercial Fisheries Entry Commission

20 AAC 05.1930. Confidential records and information. (a) Except as provided in (b) and (c) of this section, the books, records, papers, files, and writings of the commission are public records and are open to inspection by the public during regular office hours. (b) The following information is confidential and shall not be open to inspection by the public unless waived by the appropriate party: (1) communications relating to personnel matters and medical or other personal information which, under governing personnel practices of the State of Alaska, are not public information; (2) information and data relating to the commission's budget and legislative proposals prior to the time they are acted upon by the governor and the legislature; (3) communications between legal counsel and the commission or its staff, regarding matters requiring confidential legal advice or assistance; (4) reports concerning the landings of fish, shellfish, or fishery products; annual statistical reports of buyers and processors required by regulation of the Department of Fish and Game; data obtained from research conducted by the Commercial Fisheries Entry Commission in establishing maximum and optimum numbers; and information derived from those reports and that data, except when presented in a manner that prevents the identification of particular reports, data or persons; (5) copies of state and federal income tax returns provided by an applicant for an interim-use permit or entry permit, other statements relating to personal income by such an applicant, information relating to specific monetary transactions between an applicant or permit holder and the commission, and information derived from such reports and statements except information presented in a manner that prevents the identification of particular reports or persons; (6) transfer information surveys and written transfer agreements or written statements of oral transfer agreements required in support of a request for transfer of an entry permit; (7) information filed by a permit holder concerning the person designated to receive the permit holder's permit in the event of his or her death. (c) Preliminary information and material relating to an investigation is not subject to disclosure until the investigation is complete or formal proceedings have been initiated. If, after an investigation is complete, no formal proceeding has been initiated, information and material relating to the investigation may be released only to the subject individual or a law enforcement agency. (d) Information which is confidential under (b) of this section will, in the commission's discretion, be released to a law enforcement agency and will, in the commission's discretion, be used in connection with a commission proceeding under 20 AAC 05.1800 - 20 AAC 05.1870.

20 AAC 05.1935 Commercial Fisheries Entry Commission

20 AAC 05.1935. Requirements for releasing confidential information on fishery landings. (a) A person who requests from the commission confidential information about the person's own fishery landings shall make the request on a form provided by the commission for this purpose. The commission will make the request form available at its office and on its web site. (b) A person who requests that the commission release to another person confidential information about the requesting person's fishery landings shall make the request on a form provided by the commission for this purpose. The commission will make the request form available at its office and on its web site. (c) The person requesting the release of information under (b) of this section shall indicate on the form the time period that the person authorizes the commission to release the information that is not less than 30 days and not more than 365 days from the date that the person requesting release of the information signs the form. (d) The person requesting release of the information shall complete the form described in (a) or (b) of this section in its entirety. When submitting the form in person, the person shall produce government-issued photo identification for inspection by commission employees. If the form is being submitted by mail, the person shall first have the form notarized. If the form is being sent by electronic imaging, the person shall first have the form notarized, and after transmission, shall mail the original form to the commission. The commission will not release information under this section until it possesses the original, completed request form.

20 AAC 05.1940 Commercial Fisheries Entry Commission

20 AAC 05.1940. Designation of salmon net gear permits by area. (a) A person who holds salmon net gear permits for more than one administrative area or his authorized agent shall designate upon a form provided by the commission, the single area in which he desires to salmon net fish in that year, as required by 5 AAC 39.115, adopted by the Alaska Board of Fisheries. The area so designated must be an area for which the person holds a valid salmon net permit. (b) A person who held a single salmon net gear permit and used the permit for salmon net fishing, and subsequently acquired an additional salmon net gear permit in the same calendar year, is considered to have designated under (a) of this section the administrative area in which the person used the single permit.

20 AAC 05.1942 Commercial Fisheries Entry Commission

20 AAC 05.1942. Redesignation of salmon net gear permits by area. (a) A person who holds salmon net permits in more than one administrative area, and has designated an area of intended fishing as provided in 20 AAC 05.1940 may, before using the permit in the salmon net fishery designated, redesignate the area in which the person intends to fish. (b) Redesignation, as provided in (a) of this section, may occur only once each calendar year, unless this limitation is waived by the Department of Fish and Game for good cause. (c) A person desiring to redesignate the area of intended salmon net fishing as provided in (a) of this section shall submit to the commission (1) any salmon net permit cards issued by the commission for that year; (2) a writing indicating the area of intended redesignation which is dated and signed by the permit holder or the permit holder's authorized agent as provided in 20 AAC 05.1960; and (3) the appropriate permit renewal fees for the permit corresponding to the redesignated area, if not previously renewed for that year. (d) Redesignation under this section supersedes the original designation as if the original designation had never been made.

20 AAC 05.1944 Commercial Fisheries Entry Commission

20 AAC 05.1944. Issuance of permit cards for designated salmon net area. (a) A person who holds salmon net permits in more than one administrative area may annually renew all permits so held. (b) A person who holds salmon net permits in more than one administrative area, and who has designated the area of intended salmon net fishing as provided in 20 AAC 05.1940 or 20 AAC 05.1942, will be issued a permit card only for the designated salmon net area.

20 AAC 05.1946 Commercial Fisheries Entry Commission

20 AAC 05.1946. Issuance of permit cards for salmon fisheries under AS 16.43.140(c)(5). A person who holds two entry permits for the same salmon fishery (1) shall annually renew both entry permits; (2) will be issued only one permit card, except that a second permit card will be issued if additional fishing opportunities are authorized for that salmon fishery by the Board of Fisheries under AS 16.05.251(i); and (3) may not (A) engage in fishing with the second entry permit unless additional fishing opportunities have been authorized for that salmon fishery under AS 16.05.251(i); or (B) emergency transfer the second entry permit to another person unless additional fishing opportunities have been authorized for that salmon fishery under AS 16.05.251(i) or the person can show an intent to permanently transfer the permit that cannot presently be fulfilled in spite of substantial, good faith efforts to do so; or (C) emergency transfer both permits unless additional fishing opportunities have been authorized for that salmon fishery under AS 16.05.251(i) and the permits are emergency transferred to the same individual.

20 AAC 05.1950 Commercial Fisheries Entry Commission

20 AAC 05.1950. Area registration of salmon net fishing vessel. (a) Except for those vessels exempted under AS 16.05.495, the owner of a vessel used to take salmon with net gear, or an agent authorized in accordance with 20 AAC 05.1960, shall complete the area registration required by 5 AAC 39.120. (b) The single area in which the vessel will harvest salmon with net gear must be designated on the vessel license application or renewal form in the space provided by the commission or on a Commercial Vessel Salmon Net Area Registration form. The CFEC permit number of the salmon net fishing permit(s) being fished on the vessel must be designated on the vessel license application or renewal form in the space provided by the commission or on a Commercial Vessel Salmon Net Area Registration form. (c) A fishing vessel that has been registered for an area of intended salmon net operation will be issued a vessel license receipt card for that year indicating the area, and a vessel license area tab for the single area designated. The vessel license area tab will remain valid in subsequent years for which the vessel is licensed and registered for the same area. (d) The vessel license area tab is part of the vessel license and must be affixed to the ADF&G number plate at all times of vessel operation. No vessel owner or operator may possess for a vessel, and no vessel may display, more than one vessel license area tab.

20 AAC 05.1952 Commercial Fisheries Entry Commission

20 AAC 05.1952. Area reregistration of salmon net fishing vessel. (a) If the owner of a salmon net fishing vessel, or his or her authorized agent, desires to reregister the vessel for a different salmon net registration area as provided in 5 AAC 39.120, he or she will be issued a new vessel license area tab for the area of registration and a new vessel license receipt card displaying that area, upon receipt by the commission of (1) a properly completed Commercial Vessel Salmon Net Area Registration form supplied by the commission, and (2) any vessel license area tabs and receipt cards previously issued to the vessel by the commission for that year, and either (A) a written certification or personal affidavit stating that the vessel has not been used for salmon net fishing in the original area of registration, or (B) an authorization from the commissioner of the Department of Fish and Game, or the commissioner's designee stating that the vessel has been lost through sinking, destruction, or extensive mechanical breakdown, or that the vessel operator has suffered serious injury, sickness, or death during open season. (b) Reregistration under (a)(2)(A) of this section may occur only once each calendar year unless this limitation is waived by the commission for good cause.

20 AAC 05.1954 Commercial Fisheries Entry Commission

20 AAC 05.1954. Issuance of vessel license area tab. Repealed 6/18/86.

20 AAC 05.1958 Commercial Fisheries Entry Commission

20 AAC 05.1958. Vessel license. (a) A commercial fishing vessel license issued by the commission will include a tab designating the years to be fished; and a receipt card designating the vessel, owner, and any other information that the commission considers necessary. If appropriate an ADF&G number plate will be issued with the license. In the case of a salmon net fishing vessel, an area tab designating the registration area code for the area to be fished will be included with the license. (b) The number plate, year tab, and area tab must be permanently affixed to the vessel for display unless waived by the commission for good cause. (c) The receipt card must be available for inspection aboard the vessel at all times of vessel operation. (d) A person applying for or renewing a vessel license who needs to fish immediately, and has not yet renewed, applied for, or paid the current year fees for a vessel license, may instead apply using the Application for Immediate Fishing form provided by the commission. The application form may be used for fishing only if the form has been submitted to the commission through commission staff or an agent of the commission who has certified the form is complete by signing it. The signed application form may be used for fishing for no more than the 14 days immediately following the date that the form is signed by commission staff or an agent of the commission, unless extended by the commission. In addition to the total annual fee for the permits and vessel licenses being renewed or applied for, a processing fee of $80 must be submitted with the application. The commission may waive the processing fee for (1) an applicant who qualifies for the reduced permit fee in accordance with 20 AAC 05.245; or (2) good cause shown. (e) For the purposes of receiving and certifying as complete an Application for Immediate Fishing form submitted under (d) of this section, an employee of the Department of Fish and Game or the division in the Department of Public Safety responsible for the enforcement of laws for the protection of fish and wildlife, is an agent of the commission.

20 AAC 05.1959 Commercial Fisheries Entry Commission

20 AAC 05.1959. Notification of damage, loss, or theft. The replacement of a commercial fishing vessel license, including the metal ADF&G number plate, year tab, area tab and receipt card, because of damage, loss, or theft, is governed by the procedures of 20 AAC 05.570.

20 AAC 05.1960 Commercial Fisheries Entry Commission

20 AAC 05.1960. Power of authorized agent. (a) By submitting to the commission all properly completed forms required, together with the appropriate fees, an authorized agent may renew an entry permit, renew an interim-use permit, renew a vessel entry permit, renew a vessel interim-use permit, make initial application for an interim-use permit, and apply for or renew a vessel license on behalf of the principal represented by the agent. (b) Unless waived by the commission for good cause, the power of the authorized agent must appear in a dated writing signed by the principal. (c) Writings sufficient to confer representative power upon the agent include, but are not limited to (1) power of attorney; (2) letters testamentary; (3) letters of guardianship; (4) personal affidavit in a summary administrative proceeding; or (5) marriage certificate. (d) Unless the written authorization specifically states the contrary or is declared irrevocable by a court of competent jurisdiction, all authorizations are revocable in the same manner and form with which they were created. (e) The commission will, in its discretion, after a hearing as provided in 20 AAC 05.1800 - 20 AAC 05.1850, refuse to accept an agent's actions on behalf of his or her principal if the commission finds that the agent, either intentionally or through gross negligence, supplied or assisted in supplying false information to the commission or omitted necessary or required information, forms, or fees. Upon such a commission finding, the agent may not after that represent any principal before the commission for the period of time the commission specifies. (f) Nothing in this section affects the ownership of a permit nor confers upon the agent the power to transfer a permit on behalf of the principal. (g) For the purposes of this section, "principal" means a permit holder, interim-use permit applicant, vessel entry permit holder, vessel interim-use permit holder, or vessel owner, represented by the agent.

20 AAC 05.1965 Commercial Fisheries Entry Commission

20 AAC 05.1965. Notice regarding false statements. Forms provided by the commission will, in the commission's discretion, bear notice that a false statement knowingly made to the commission constitutes the crime of unsworn falsification under AS 11.56.210 and the person making the false statement is subject to criminal penalties. The commission will, in its discretion, require an affidavit or other relevant evidence in support of statements made.

20 AAC 05.1971 Commercial Fisheries Entry Commission

20 AAC 05.1971. Demerit points. (a) Upon receipt of notice from a court, the commission will immediately assess demerit points against a person for each conviction of a commercial fishing law designated in AS 16.43.850(b) or a regulation adopted under the statutes designated in AS 16.43.850(b), including a strict liability or misdemeanor violation involving commercial salmon fishing, described as follows: (1) fishing in closed waters, including regulations that prohibit salmon fishing in a specified area; (2) fishing during closed season or period, including regulations that prohibit salmon fishing during specific dates or times; (3) fishing with more than the legal amount of gear, including regulations that restrict the size or quantity of fishing gear that may be used in a salmon fishery; (4) fishing with gear not allowed in fishery, including (A) regulations that govern the gear type that may be used in a salmon fishery; (B) regulations that govern the physical characteristics of gear that may be used in a salmon fishery, including the type of mesh or filament that may be used in salmon fishing nets; and (C) regulations that prohibit or limit the use of fish traps, airplanes, lights, explosives, chemicals, drums, reels, or other instrumentalities in salmon fisheries. (5) fishing before expiration of transfer period, including regulations that prohibit the operation of gear before the approval and processing of a transfer request by the commission if the violation occurred while participating in a salmon fishery; (6) interfering with commercial fishing gear, including regulations that prohibit physical disturbance of or damage to the fishing gear of another salmon fisherman; (7) fishing with more than the legal amount of gear on vessel, including regulations that restrict the amount of fishing gear that is permitted to be aboard a vessel used in a salmon fishery; (8) improper operation of fishing gear; a violation of regulations for improper operation of fishing gear (A) includes regulations that govern the proper deployment, operation, use, or movement of salmon fishing gear in water, including the improper use of a vessel to drive or direct fish; (B) does not include regulations that govern possession of personal identification, marking of fishing gear, or vessel or gear registration except as it applies to area registration requirements; (9) permit holder not present when required, including regulations that require the physical presence of one or more limited entry permit holders to operate gear in a salmon fishery; (10) fishing with underlength or overlength vessel, including regulations that govern the minimum or maximum length of a vessel that may be used in a salmon fishery; and (11) wanton waste of fishery resources, including regulations that require utilization of the majority of a salmon carcass. (b) The number of demerit points to be assessed for each conviction will be determined according to the point schedule in AS 16.43.850(b). (c) Notwithstanding (b) of this section, if a conviction meets the requirements described in AS 16.43.850(c) for a first conviction, the number of demerit points to be assessed will be reduced by one-half. If a person receives two or more convictions on the same day and each conviction meets the requirements described in AS 16.43.850(c), each conviction is a first conviction and the number of demerit points for each conviction will be assessed at the one-half rate. A prior conviction that did not result in an assessment of demerit points against the person for whatever reason does not count as a first conviction for the purpose of this subsection. (d) Demerit points are assessed as of the date of conviction, as determined by the date of entry of judgment, and apply against the person in the specific salmon fishery associated with the conviction that gave rise to the points. Demerit points remain assessed in the same amount for a continuous 36-month period following the date of the conviction that gave rise to the assessment, unless the conviction is vacated or reversed on appeal. However, suspension, modification, discharge, removal, or expiration of a sentence that arose from a conviction or the setting aside of a conviction under AS 12.55.085(e) does not remove or reduce demerit points assessed against a person under this section. At the end of a 36-month period following the date of conviction, the demerit points automatically expire. However, an expiration of demerit points does not alter the duration of a suspension that was imposed under AS 16.43.850(d). (e) If a person permanently transfers a permit for a fishery in which the person has active demerit points or is suspended under AS 16.43.850(d), the points remain assessed against the transferor and do not pass on to the transferee. A person who has active demerit points but is not suspended may acquire a new permit in the fishery; points that are generated while holding the new permit will be added to the person's previously accumulated points in the fishery for calculations described in AS 16.43.850(d). (f) If a person is granted an emergency transfer of a permit and the transferee's conduct during the period of the emergency transfer generates an assessment of demerit points, the transferee and transferor will be assessed the same number of demerit points. If the transferee qualifies for the one-half point reduction described in (c) of this section but the transferor does not, both the transferee and transferor's points will be reduced under that provision. However, if the transferor qualifies for the one-half point reduction described in (c) of this section but the transferee does not, the transferor's points will be reduced under that provision and the transferee's points will not be reduced. (g) The provisions of 20 AAC 05.1800 - 20 AAC 05.1865 apply to administrative hearings and adjudications following the assessment of demerit points. The commission will not review or adjudicate the validity of a conviction, sentence, or court order pertaining to a violation of a commercial fishing law.

20 AAC 05.1972 Commercial Fisheries Entry Commission

20 AAC 05.1972. Appeal of conviction. Unless otherwise ordered by a court, an appeal of a conviction for violating a commercial fishing law shall not prevent the commission from assessing points or suspending commercial salmon fishing privileges under AS 16.43.850 - AS 16.43.860, or from suspending commercial fishing privileges or revoking a commercial fishing permit under AS 16.43.970. If the conviction is overturned on appeal, the commission will repeal points, restore commercial fishing privileges, and reissue commercial fishing permits, as appropriate.

20 AAC 05.1980 Commercial Fisheries Entry Commission

20 AAC 05.1980. Assistance by designated agent. Repealed.

20 AAC 05.1985 Commercial Fisheries Entry Commission

20 AAC 05.1985. Time of permit renewal and vessel license application. (a) Subject to the limitations of 20 AAC 05.100, 20 AAC 05.110, 20 AAC 05.130 and 20 AAC 05.560, permits may be renewed and vessel licenses applied for at any time after the appropriate forms are made available by the commission. The date of permit or vessel license issuance or renewal is the date upon which the commission verifies that the application or renewal form is complete and accompanied by the appropriate fees. (b) The commission will issue a permit card or vessel license only upon the filing of a permit renewal or vessel license application form substantially completed together with the appropriate fees, except as waived by the commission for good cause shown.

20 AAC 05.1990 Commercial Fisheries Entry Commission

20 AAC 05.1990. Appraised value. (a) The commission will determine appraised values of entry permits on a monthly basis to carry out the purposes of AS 16.10.333 - 16.10.339 and AS 44.81.230 - 44.81.250. Requests for interim reevaluation of appraised values will not be considered except from the Department of Commerce, Community, and Economic Development or the Alaska Commercial Fishing and Agricultural Bank. (b) Appraised values will be based upon the best information available to the commission as compiled from the Request for Permanent Transfer of Entry Permit forms which are completed by all transferors and proposed transferees and from other sources the commission considers appropriate.

Chapter 10 Professional Teaching Practices Commission

Article 1 Professional Standards

20 AAC 10.010 Coverage

Repealed.

History

Eff. 1/30/75, Register 53; repealed 4/8/99, Register 150

20 AAC 10.020 Code of ethics and teaching standards

(a) The following code of ethical standards governs an individual holding a teaching, administrative, or special services certificate issued under 4 AAC 12, an individual authorized as a student teacher under 4 AAC 30.020, and all other members of the teaching profession. A violation of this section is grounds for discipline as provided in AS 14.20.030.

(b) In fulfilling obligations to students, an educator

(1) repealed 10/25/2000;

(2) may not deliberately distort, suppress, or deny access to curricular materials or educational information in order to promote the personal view, interest, or goal of the educator;

(3) shall make reasonable effort to protect students from conditions harmful to learning or to health and safety;

(4) may not engage in

(A) physical abuse of a student or sexual conduct with a student and shall report to the commission knowledge of such an act by an educator; or

(B) sexual conduct with a former student whom the educator taught, supervised, or exercised authority over, including in coaching or other school-sponsored activity; the restrictions against sexual conduct in this subparagraph apply to an educator for one year after the student has graduated from or ceased to attend high school, and an educator shall report to the commission knowledge of such an act by an educator;

(5) may not expose a student to unnecessary embarrassment or disparagement;

(6) may not harass, discriminate against, or grant a discriminatory advantage to a student on the grounds of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, gender identification, or sexual orientation; shall make reasonable effort to assure that a student is protected from harassment or discrimination on these grounds; and may not engage in a course of conduct that would encourage a reasonable student to develop a prejudice on these grounds;

(7) may not use professional relationships with students for private advantage or gain;

(8) shall keep in confidence information that has been obtained in the course of providing professional service, unless disclosure serves a compelling professional purpose or is required by law;

(9) shall accord just and equitable treatment to all students as they exercise their educational rights and responsibilities.

(1) repealed 10/25/2000;

(2) shall take reasonable precautions to distinguish between the educator's personal views and those of any educational institution or organization with which the educator is affiliated;

(3) shall cooperate in the statewide student assessment system established under 4 AAC 06.710 - 4 AAC 06.790 by

(A) safeguarding and maintaining the confidentiality of test materials and information; and

(B) adhering to all written rules, policies, procedures, and other requirements established by the department regarding the administration and operation of the statewide student assessment system as set out in 4 AAC 06.761 (test administration) and 4 AAC 06.765 (test security; consequences of breach);

(4) repealed 10/25/2000;

(5) may not use institutional privileges for private gain, to promote political candidates, or for partisan political activities;

(6) may not accept a gratuity, gift, or favor that might influence or appear to influence professional judgment, and may not offer a gratuity, gift, or favor to obtain special advantage;

(7) may not knowingly withhold or misrepresent material information in communicating with the school board regarding a matter before the board for its decision; and

(8) may not use or allow the use of district resources for private purposes not related to district programs and operation.

(d) In fulfilling obligations to the profession, an educator

(1) may not, on the basis of age, race, color, creed, sex, national origin, marital status, political or religious beliefs, physical condition, family, social, or cultural background, gender identification, or sexual orientation, deny to a colleague a professional benefit, advantage, or participation in any professional organization, and may not discriminate in employment practice, assignment, or personnel evaluation;

(2) shall accord just and equitable treatment to all members of the teaching profession as set out in AS 14.20.370 in the exercise of their professional rights and responsibilities;

(3) may not use coercive means or promise special treatment in order to influence professional decisions of colleagues;

(4) may not sexually harass a fellow employee;

(5) shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves a compelling professional purpose;

(6) shall provide, upon the request of the affected party, who must be a member of the teaching profession as set out in AS 14.20.370, a written statement of specific reasons for recommendations that led to the denial of increments, significant changes in employment, or termination of employment;

(7) may not deliberately misrepresent the educator's or another's professional qualifications;

(8) repealed 10/25/2000;

(9) may not falsify a document, or make a misrepresentation on a matter related to

(A) licensure;

(B) employment, including an employment application;

(D) test results; or

(E) professional duties;

(10) may not intentionally make a false or malicious statement about a colleague's professional performance or conduct;

(11) may not intentionally file a false or malicious complaint with the commission;

(12) may not seek reprisal against any individual who has filed a complaint, provided testimony, or given other assistance in support of a complaint filed with the commission;

(13) shall cooperate fully and honestly in investigations and hearings of the commission;

(14) repealed 10/25/2000;

(15) may not unlawfully breach a professional employment contract;

(16) shall conduct professional business through appropriate channels;

(17) may not assign tasks to unqualified personnel;

(18) may not continue in or seek professional employment while unfit due to

(A) use of drugs or alcohol that impairs the educator's competence or the safety of students or colleagues;

(B) physical or mental disability that impairs the educator's competence or the safety of students or colleagues;

(19) may not interfere with a colleague's exercise of political or citizenship rights and responsibilities.

History

Authority: AS 14.20.030; AS 14.20.450; AS 14.20.480 AS 14.20.370; AS 14.20.460
Eff. 1/30/75, Register 53; am 8/10/80, Register 75; am 6/16/84, Register 90; am 8/5/90, Register 115; am 7/21/91, Register 119; am 7/28/94, Register 131; am 4/8/99, Register 150; am 10/25/2000, Register 156; am 9/27/2017, Register 223; am 8/2/2018, Register 227

20 AAC 10.030 Distribution of handbook

Repealed 7/22/89.

20 AAC 10.035 Moral turpitude

For the purposes of AS 14.20.030(a)(2),

(1) "moral turpitude" means conduct that is wrong in itself even if no statute were to prohibit the conduct; and

(2) "a crime involving moral turpitude" includes

(A) homicide;

(B) manslaughter;

(D) stalking;

(E) kidnapping;

(F) sexual assault;

(G) sexual abuse of a minor;

(H) unlawful exploitation of a minor;

(I) robbery;

(J) extortion;

(K) coercion;

(L) theft;

(M) burglary;

(N) arson;

(O) criminal mischief;

(P) forgery;

(Q) criminal impersonation;

(R) bribery;

(S) perjury;

(T) unsworn falsification;

(U) interference with official proceedings;

(V) witness tampering;

(W) jury tampering;

(X) terroristic threatening;

(Y) possession or distribution of child pornography;

(Z) unlawful distribution or possession for distribution of a controlled substance;

(AA) unlawfully furnishing alcohol to a minor;

(BB) felony possession of a controlled substance;

(CC) unlawfully furnishing marijuana or products containing marijuana to a minor.

History

Authority: AS 14.20.030; AS 14.20.450; AS 14.20.460
Eff. 4/8/99, Register 150; am 12/25/2005, Register 176; am 8/2/2018, Register 227

20 AAC 10.040 Commission records

(a) Records of the commission are open for public inspection and copying, with the following exceptions:

(1) a document required by law or court order to be sealed or otherwise kept confidential;

(2) personnel files;

(3) investigative files, except that the documents that have been presented as evidence or filed in an administrative adjudicative proceeding are no longer confidential under this paragraph.

(b) The commission staff may share an investigative file with appropriate law enforcement agencies if instances of criminal misconduct have been alleged or discovered in the course of an investigation.

(c) The respondent may obtain access to the investigative file, except privileged information through a request for discovery after a formal disciplinary proceeding commences is based on the investigation.

(d) All references to a minor in an administrative proceeding and in documents available to the public, must be by initials or a similar method that maintains the minor's confidentiality. If a minor is called to testify as a witness at a hearing, the commission will, in its discretion, close that portion of the hearing to the general public and will determine who may be present while the minor is testifying. A transcript of the proceeding must refer to a minor by initials or a similar method that maintains confidentiality.

History

Authority: AS 14.20.460; AS 14.20.470
Eff. 8/12/82, Register 83; am 4/8/99, Register 150

Article 3 Complaints and Investigations

20 AAC 10.200 Complaints

(a) An individual having knowledge of an alleged act by an educator, that would be grounds for discipline by the commission under AS 14.20.030, may file a complaint with the commission. The complaint must be in writing and signed by the complainant, and must contain

(1) the name, mailing address, and contact telephone number of the individual making the complaint;

(2) the name of and school or location of the educator against whom the complaint is made;

(3) a statement of the facts of the alleged misconduct, including the time and place of the misconduct;

(4) the specific statute or regulation alleged to have been violated, if known; and

(5) any documentation that is relevant to the facts alleged and that is available to the complainant.

(b) The executive director may conduct an investigation if the director learns of information that would be grounds for discipline by the commission under AS 14.20.030.

(c) The educator who is named in a complaint or is the subject of an investigation must be an individual and may not be a board, department, district, institution, education association, or similar organization.

History

Authority: AS 14.20.460; AS 14.20.470
Eff. 7/22/89, Register 111; am 4/8/99, Register 150

20 AAC 10.210 Complaint processing

(a) Upon receipt of a complaint, the commission staff shall determine whether the complaint sets out facts that, if true, would constitute a basis under AS 14.20 upon which the commission could impose a sanction on the educator. If the commission staff determines that a complaint is not sufficient upon its face, the staff shall dismiss the complaint without investigation.

(b) Unless the alleged act would be grounds for discipline under AS 14.20.030, the staff may not investigate school district personnel actions, including hiring, evaluation, transfer, reassignment, or dismissal of staff, or curriculum actions.

(d) Before completing an investigation, the staff shall provide the respondent with an opportunity to respond to the complaint.

(e) After beginning an investigation the staff may

(1) file an accusation requesting discipline under AS 14.20.030;

(2) negotiate with the educator for an agreement, to bring before the commission for approval, for the imposition of discipline; or

(3) dismiss the complaint.

(f) If a complaint is dismissed under (a), (b), or (e)(3) of this section, the staff shall notify the complainant and advise the complainant of the right to review under 20 AAC 10.220.

History

Authority: AS 14.20.030; AS 14.20.460; AS 14.20.470
Eff. 7/22/89, Register 111; am 4/8/99, Register 150

20 AAC 10.220 Review of decision to dismiss complaint

A complainant may request an administrative review of the staff's decision to dismiss the complaint by filing a written request for review with the commission within 15 days after receipt of notice under 20 AAC 210(f). The review shall be conducted by a panel of not less than three commission members appointed by the chair. The review of the staff's decision shall be limited to the written record and materials used by the staff in the determination to dismiss the complaint. The decision of the panel is the final decision of the commission.

History

Authority: AS 14.20.460
Eff. 7/22/89, Register 111

20 AAC 10.230 Warning or reprimand hearing

A proceeding in which only a warning or reprimand is sought will be heard by a panel of not less than three commission members appointed by the chair.

History

Authority: AS 14.20.460; AS 14.20.470
Eff. 7/22/89, Register 111

Article 4 General Provisions

20 AAC 10.300 Publication of commission action

(a) A warning is a public record of the commission, but the commission will not initiate public dissemination of the document.

(b) The commission staff shall send a copy of the commission's decision and order to impose sanctions greater than a warning to the following:

(1) the chief school administrator in the district in which the respondent is employed;

(2) the school board president in the school district in which the respondent is employed;

(3) the certification section of the Department of Education and Early Development for placement in the respondent's file;

(4) the national clearinghouse that maintains records of professional discipline against teaching professionals.

(c) If the disciplinary order is against an administrator, the notice required under (b) of this section may not be given until the commissioner concurs as required by AS 14.20.470(a)(4).

(d) The commission will report on all discipline taken since last publication in the commission's periodic publication of commission activity. The commission will not identify name of the respondent in cases where only a warning was given.

(e) The commission staff shall notify a complainant of the action of the commission. The notification of a warning or reprimand is limited to a summary of the action.

History

Authority: AS 14.20.460; AS 14.20.470
Eff. 7/22/89, Register 111; am 4/8/99, Register 150

20 AAC 10.310 Distribution of handbook

Copies of the Alaska State Professional Teaching Practices Commission's Handbook for Alaska Educators shall be conspicuously displayed, and available, at every education institution in the state whose employees are members of the teaching profession under AS 14.20.370.

History

Authority: AS 14.20.460; AS 14.20.470
Eff. 1/30/75, Register 53; am 7/22/89, Register 111

20 AAC 10.900 Definitions

In this chapter,

(1) "sexual conduct" includes

(A) explicit sexual jokes and stories;

(B) flirtatious or sexually related comments;

(D) sexual innuendos or comments with double entendre;

(E) inappropriate physical touching;

(F) soliciting, encouraging, participating in, or initiating inappropriate written, verbal, or electronic communication of a sexual nature with a student;

(G) physical or romantic relationship with a student, whether consensual or nonconsensual;

(H) discussion of the educator's sexual feelings or activities;

(I) discussion, outside of a professional teaching or counseling context, of a student's sexual feelings or activities; and

(J) "sexual penetration" and "sexual contact" as those terms are defined in AS 11.81.900;

(2) "physical abuse" is an action beyond reasonable discipline that results in an adverse physical effect upon a student;

(3) "director" means the person appointed to fill the position of "executive secretary" as described in AS 14.20.470(a)(7).

(4) "colleague" includes

(A) a certified educator;

(B) an individual who is employed by the school district on a permanent or temporary basis;

(5) "educator" includes

(A) an individual holding a teaching, administrative, or special services certificate issued under 4 AAC 12 or a student teacher authorization issued under 4 AAC 30.020;

(B) an instructor in an institution of higher learning;

(6) "student" means an individual who is

(A) enrolled in public or private school,

(B) under 18 years of age and has not yet completed grade 12; or

History

Authority: AS 14.20.030; AS 14.20.460; AS 14.20.480 AS 14.20.450; AS 14.20.470
Eff. 8/5/90, Register 115; am 7/28/94, Register 131; am 4/8/99, Register 150; am 9/27/2017, Register 223; am 8/2/2018, Register 227

Chapter 14 Alaska Student Loan Corporation

Article 1 Bond Issues, Selection of Underwriters, Interest Rates, and Late Fees

20 AAC 14.010 Delegation of selection of underwriters

The corporation delegates the preparation for and the selection of underwriters for a bond issue to the executive officer of the corporation as specified in 20 AAC 14.010 - 20 AAC 14.040. The decision of the executive officer is the final agency decision on the selection of underwriters.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.015 Selection of underwriters by negotiated sale

For a bond issue using a negotiated sale method, the executive officer shall select the underwriter and, if more than one underwriter is chosen, members of the underwriting or selling group. The executive officer shall compile a qualified underwriters list (QUL) in accordance with the selection process set out in 20 AAC 14.020 - 20 AAC 14.040. The underwriter and members of the underwriting or selling group must be selected from the QUL. The executive officer shall update the QUL when a vacancy is anticipated or as is determined necessary by the executive officer or the board.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.020 Qualified underwriters list

The provisions of 20 AAC 14.020 - 20 AAC 14.025 establish policies, authority, and guidelines relating to the selection of investment banking firms for inclusion on the QUL.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.025 Requests for statements of qualifications

(a) The executive officer shall select investment banking firms for inclusion on the QUL on the basis of a request for statements of qualifications as described in this section. A request for statements of qualifications must contain the date, time, and place for delivering responses; a specific description of the services to be provided; the minimum qualifications required to be included on the QUL; other information required in order to evaluate the qualifications of respondents in accordance with 20 AAC 14.020 - 20 AAC 14.040; and evaluation criteria specified under (i) of this section.

(b) The executive officer shall publish notice of a request for statements of qualifications by at least one of the following methods:

(1) regular or electronic mailings to those investment banking firms currently on the QUL as maintained by the corporation;

(2) publication in a trade journal, such as The Bond Buyer, and the Alaska Online Public Notice System (AS 44.62.175) at least 21 days before delivery deadline of a response to the request for statements of qualifications;

(3) publication through other media determined by the executive officer to provide comparable notification to those methods listed in (1) or (2) of this subsection.

(c) In addition to the forms of public notice specified in (b) of this section, the executive officer may use other methods to supplement the notification.

(d) An investment banking firm must timely respond by submitting a statement of qualifications if the firm intends to be considered for selection to be on the QUL. The executive officer may only consider a response if the respondent has a business license issued by this state that is valid at the time designated as the delivery deadline in the request for statements of qualifications. The firm must designate at the time of submission if it requests any trade secret or proprietary data contained in the response documents be considered for confidential treatment under (j) of this section.

(e) A respondent may correct, modify, or withdraw its response by written request received by the executive officer before the time and date set for receipt of responses. Unless excused by the executive officer for good cause shown, a request made under this subsection must be delivered in a sealed envelope with the request for statements of qualifications number printed on the outside of the envelope. The request must be accompanied by written authorization by the respondent for the correction, modification, or withdrawal of its response. The corporation staff shall include all documents relating to the correction, modification, or withdrawal of a response in the file for the request.

(f) The executive officer may not accept responses after the time and date set for receipt of responses, and may not accept corrections, modifications, or withdrawals after the time and date set for opening of responses, unless the executive officer determines that the delay was attributable to an error by the corporation staff.

(g) Corporation staff shall open responses and response corrections and modifications at the time, date, and place designated in the request for statements of qualifications. The corporation staff shall tabulate the name of each respondent and other pertinent information.

(h) The executive officer shall designate an evaluation committee to evaluate the responses received in response to the request for statements of qualifications. The evaluation committee must consist of three members of the corporation staff and the chair of the corporation, or one board member appointed by the chair. The evaluation committee shall use the minimum qualification criteria set out in (i) of this section in determining whether a respondent meets the criteria to be included on the QUL. If the evaluation committee determines that a respondent meets all of the minimum criteria, the evaluation committee shall recommend to the executive officer that the respondent be included on the QUL. The executive officer shall review the recommendation and make the final agency decision on the firms to be included on the QUL.

(i) The following criteria must be used in evaluating statements of qualifications submitted under this section:

(1) organizational structure of the firm requesting inclusion on the QUL;

(2) the firm's approach to providing services to the corporation;

(3) the firm's experience and knowledge of public financing generally and education loan bond financing specifically;

(4) the qualifications and experience of staff of the firm that will be responsible for working with the corporation, corporation's financial advisors, corporation's bond counsel, and other persons designated by the executive officer;

(5) other information that relates to the competence of the firm to act as an underwriter for a bond issue of the corporation.

(j) Corporation staff shall notify respondents of the determination of their inclusion on the QUL. The QUL and responses are open for public inspection after the corporation staff notifies each respondent of the determination. To the extent that the respondent designated under (d) of this section and the executive officer concur, trade secrets and proprietary data contained in the response documents are confidential.

(k) The executive officer may cancel a request for statements of qualifications, reject any or all responses in whole or in part, or delay the opening of responses if the executive officer determines it to be in the best interest of the corporation to do so. The executive officer shall make the reasons for the cancellation, rejection, or delay a part of the file on the request for the statements of qualifications.

(l) The provisions of AS 36.30.240 dealing with discussions with responsible offerors and revisions to proposals apply to requests for statements of qualifications.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.030 Method of sale

Before selecting an underwriter or selling group for a bond issuance, the executive officer shall consult with the corporation's financial advisor and shall review the transaction to make a recommendation to the board on the method of sale for the bond issue; either by negotiated sale or competitive sale. The board will make the final agency decision on the method of sale, after considering the recommendation of the executive officer. If the board determines that the bond issue is to be made by negotiated sale, the executive officer shall select one or more investment banking firms from the QUL in accordance with the underwriting selection process described in 20 AAC 14.035.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.035 Underwriter selection process

(a) The executive officer must select each firm from the QUL on the basis of a request for financing proposal as described in this section. A request for financing proposal must contain the date, time, and place for delivering proposals; a specific description of the services to be provided; the minimum qualifications required; any information required to evaluate the qualifications of respondents in accordance with this section; and the evaluation criteria specified in this section.

(b) Firms currently on the QUL shall be sent the request for financing proposal at least 21 days before delivery deadline specified for responses in the request for financing proposal.

(c) A firm must timely respond by submitting a proposal if the firm wishes to be considered. The firm must designate at time of the submission if it requests any trade secrets or proprietary data contained in the proposal to be considered as confidential under (h) of this section. The executive officer may only consider a response if a respondent has a business license valid in this state at the time designated as the delivery deadline in the request for financing proposal.

(d) A respondent may correct, modify, or withdraw its proposal by written request received by the executive officer before the time and date set for receipt of proposals. Unless excused by the executive officer for good cause, a request in this subsection must be delivered in a sealed envelope with the request for financing proposal number printed on the outside of the envelope. The request must be accompanied by written authorization by the respondent for the correction, modification, or withdrawal of its response. The corporation staff shall include all documents relating to the correction, modification, or withdrawal of a proposal in the file for the request.

(e) The executive officer may not accept proposals after the time and date set for receipt of proposals, and may not accept corrections, modifications, or withdrawals after the time and date set for opening of proposals, unless the executive officer determines that the delay was attributable to an error by the corporation staff.

(f) Corporation staff shall open proposals and proposal corrections and modifications at the time, date, and place designated in the request for financing proposal. The corporation staff shall tabulate the name of each respondent and other pertinent information.

(g) The executive officer shall designate an evaluation committee to evaluate the proposals received in response to the request for financing proposal. The evaluation committee must consist of three members of the corporation staff and the chair of the corporation, or one board member appointed by the chair. The corporation staff may consult with the corporation's financial advisor in reviewing proposals. The evaluation committee shall provide a recommendation to the executive officer on the selection of the underwriting firm to lead manage the proposed bond issuance and any other firms to co-manage the transaction. The executive officer shall consider the recommendations and make the final agency decision on the selection. The following criteria shall be used in evaluating the proposals and determining the underwriters' group:

(1) the firm's experience and knowledge in the following areas:

(A) education loan revenue bond financings;

(B) relevant economic issues and concerns within this state and the education loan industry;

(2) the firm's underwriting capabilities;

(3) the firm's marketing strengths;

(4) the firm's availability and the responsiveness of assigned individuals, giving consideration to physical locations of the firm;

(5) the underwriting spread or cost;

(6) any other factors that the executive officer has determined are relevant to the specific transaction, program, or objective of the corporation and were specified in the request for proposals.

(h) Corporation staff shall notify respondents of the executive officer's determination under (g) of this section. The proposals are open for public inspection after the corporation staff notifies each respondent of the determination. To the extent that the respondent designated under (c) of this section and the executive officer concur, trade secrets and proprietary data contained in the proposal documents are confidential.

(i) The executive officer may cancel a request for financing proposal, reject any or all proposals in whole or in part, or delay the opening of proposals if the executive officer determines it to be in the best interest of the corporation to do so. The executive officer shall make the reasons for the cancellation, rejection, or delay a part of the file on the request for proposals.

(j) The provisions of AS 36.30.240 dealing with discussions with responsible offerors and revisions to proposals apply to requests for financing proposals.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.040 Bond purchase agreement

The bond purchase agreement entered into between the corporation and the lead underwriter selected under this section must contain

(1) a statement that the law of this state pertains to the agreement;

(2) a statement that the corporation will not indemnify the underwriters; and

(3) a statement that the compensation to be paid by the corporation shall be no greater than the compensation stated in the lead underwriter's proposal to the request for financing proposal for the particular bond issuance.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.045 Competitive sale transaction

If a determination is made by the board that the bond issue should be done using a competitive sale method, the executive officer shall consult the corporation's bond counsel and financial advisor, structure the bond issue, and prepare the financing documents for consideration by the board. The corporation will authorize the bond issue in advance of the distribution of the official notice of sale to initiate the bidding process on the bonds. Bonds of the corporation sold in accordance with a competitive sale method will not be restricted to those firms included on the QUL.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.42.265
Eff. 7/31/2016, Register 219

20 AAC 14.050 Loan interest rates, loan credits, and loan fees

(a) If the corporation sets loan interest rates as variable rates the interest rates apply for the next 12-month period beginning July 1 of that calendar year and ending June 30 of the subsequent calendar year.

(b) For loans originated on or before June 30, 2014, the interest rates set under (a) of this section will be based on the bond equivalent rate of 91-day United States Treasury bills auctioned at the final auction held before May 1 of the loan year plus up to 2.8 percent.

(c) In setting interest rates in accordance with (b) of this section, the corporation will take into consideration the commission's and corporation's costs, during the preceding fiscal year, of administering loans of the state education loan programs. Amounts that the corporation may determine to be costs include payments for salaries, service agreements, supplies, direct and indirect costs of operation, and other costs considered appropriate by the corporation. The corporation will not include as costs amounts recovered by a loan origination fee or through payments received from the United States Department of Education as a result of claims paid on a loan guaranty.

(d) The corporation may approve an annual credit for those loans that have a lower cost of administration due to

(1) the borrower's election of a cost-effective repayment method made available by the commission;

(2) a good faith payment history, demonstrated by the borrower having made all loan payments when due and in full for the initial 48 months of repayment;

(3) the borrower's attendance at an institution in the state or physically residing within state geographic boundaries and legal jurisdiction; or

(4) for those loans that are guaranteed by the United States government, subsidies paid to the corporation for administering the loans.

(e) The corporation may set a loan origination fee on a loan funded by the corporation to offset losses incurred as a result of death, disability, default, or bankruptcy of borrowers. If the corporation sets a loan origination fee, the corporation will not set a fee that exceeds five percent of the total loan amount.

(f) From time to time as it deems appropriate, but at least annually, the corporation will set loan interest rates and an effective date for those interest rates. The interest rates apply to loans that the corporation originates, consolidates, or refinances starting on the effective date.

(g) In setting fixed interest rates in accordance with this section,

(1) the corporation will establish rates that

(A) do not exceed the legal rate of interest applicable in the state to the type of loan being originated, consolidated, refinanced, or purchased;

(B) do not exceed the all-inclusive cost, expressed as a rate on fixed rate debt the corporation incurs to finance or refinance fixed rate loans plus a percentage as determined by the corporation to represent allocable operating and loan servicing expenses, exclusive of costs recovered through the origination fee;

(D) ensure the financial stability of the corporation's loan programs; and

(2) if the corporation has not issued fixed-rate debt within the six months immediately preceding the setting of fixed interest rates, the corporation may estimate the true interest cost that would result from a current fixed-rate debt issuance to ensure loans made are financeable; a lower interest rate may be established on loans previously financed with fixed-rate tax-exempt debt if a reduction is necessary to maintain the tax-exempt status on the debt.

(h) In setting variable interest rates in accordance with this section,

(1) the corporation will establish variable rates that

(A) do not exceed the legal rate of interest applicable in the state to the type of loan being originated, consolidated, refinanced, or purchased;

(B) do not exceed the interest cost expressed as a rate on variable-rate debt that the corporation incurs to finance or refinance variable-rate loans plus a percentage as determined by the corporation to represent allocable operating, debt, and loan servicing expenses, exclusive of costs recovered through the loan origination fee;

(D) ensure the financial stability of the corporation's loan programs; and

(2) if the corporation has not issued variable-rate debt within the six months immediately preceding the setting of the first variable interest rates applicable to a loan, the corporation may estimate the variable-rate interest cost that would result from a current variable-rate debt issuance to ensure loans made are financeable; a lower interest rate may be established on loans previously financed with variable-rate tax-exempt debt if a reduction is necessary to maintain the tax-exempt status on the debt.

History

Authority: AS 14.42.150; AS 14.42.210; AS 14.43.640 AS 14.42.200; AS 14.42.215; AS 14.43.740 AS 14.42.205; AS 14.43.122
Eff. 7/31/2016, Register 219; am 6/25/2020, Register 234

20 AAC 14.055 Late fees

If an installment on a loan is 30 days or more past due on the loan's payment schedule, the corporation may require the loan borrower to pay a late fee of up to $15 for the installment. If a deferment of payment on a loan is approved under 20 AAC 15.965, the corporation may waive the late fee. This section applies to a loan that the corporation has originated, purchased, or participated in purchasing under AS 14.42.200.

History

Authority: AS 14.42.150; AS 14.42.200
Eff. 7/31/2016, Register 219

Article 2 Alaska Education Loan Refinancing Program

20 AAC 14.200 Purpose

The Alaska education loan refinancing program provides residents of this state the opportunity to refinance qualified education loans into one loan in order to lower borrowing costs or enable a borrower to better manage the loan repayment obligation.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.205 Applicability of other provisions

(a) Unless the context otherwise requires, and except as provided in (b) of this section, the provisions of 20 AAC 15.915, 20 AAC 15.970, 20 AAC 15.972, 20 AAC 15.975, and 20 AAC 15.990 apply to the Alaska education loan refinancing program under 20 AAC 14.200 - 20 AAC 14.240.

(b) A borrower or cosigner, if any, who has previously defaulted under 20 AAC 15.970(b)(1) is not considered to be in default status for the purpose of being eligible for a refinancing loan under 20 AAC 14.200 - 20 AAC 14.240 if no payment is currently past due on the current amortization schedule of the loan.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.210 Application procedure

(a) The commission staff shall establish an application period based on money available for the Alaska education loan refinancing program. Once available money has been fully expended, commission staff shall close an application period.

(b) An individual applying for a refinancing loan must complete and submit an application and promissory note provided by the commission. The requirements of 20 AAC 15.930(a) and (c) - (e) apply to an application for a refinancing loan.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.215 Priority ranking of applicants

If available money is not sufficient to fund all eligible applications, refinancing loans will be awarded to applicants in the order in which the commission receives completed applications.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.220 Eligible loans

(a) Loans eligible for refinancing under 20 AAC 14.200 - 20 AAC 14.240 must be qualified education loans and may include

(1) Stafford, PLUS, or federal consolidation loans;

(2) Qualified education loans made by private or state lenders;

(3) Loans made under AS 14.43.091 - 14.43.160, 14.43.170 - 14.43.175, 14.43.600 - 14.43.700, or 14.43.710 - 14.43.750; and

(4) Loans made under 20 AAC 14.200 - 20 AAC 14.240, when a new loan is being incorporated into an existing refinancing loan.

(b) The commission may include in a refinancing loan a loan that is not a qualified education loan if the refinancing loan is not funded from tax-exempt bond proceeds.

(1) if in repayment status, be current in repayment; and

(2) be for a student who was a resident of this state at the time the underlying loan was originated, if a family member of the student borrowed the loan on behalf of the student.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219; am 6/25/2020, Register 234

20 AAC 14.225 Applicant eligibility

(a) An applicant for a refinancing loan must

(1) meet the eligibility requirements of AS 14.43.122(b);

(2) be a United States citizen or a permanent resident alien admitted to the United States as a lawful permanent resident according to 8 U.S.C. 1101 - 1537 (United States Immigration and Nationality Act); and

(3) have a credit history that demonstrates good credit, such as having a FICO score that is equal to or higher than the FICO score set by the corporation or providing documentation that the commission determines documents a history of an ability to repay the loan.

(b) An applicant who does not meet the requirements of (a)(3) of this section may qualify for a refinancing loan by providing a cosigner who independently meets the requirements of (a)(2) and (3) of this section.

(c) The commission may require additional documentation as needed to determine borrower eligibility and to document ability to repay the obligation.

(d) An applicant must be an obligated party or student beneficiary on the underlying loans being refinanced.

(e) Repealed 6/25/2020.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219; am 3/15/2018, Register 225; am 6/25/2020, Register 234

20 AAC 14.230 Conditions and limitations of loans

(a) The amount of a refinancing loan is determined by the outstanding balance due on the underlying loans to be paid off through the refinancing program.

(b) The corporation may establish minimum and maximum loan limits.

(c) An applicant for a refinancing loan in excess of $50,000 must have earned the credential for which an underlying loan was awarded.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.235 Interest rates and fees

(a) The corporation will set interest rates and fees for refinancing loans in accordance with the applicable provisions of 20 AAC 14.050.

(b) Interest begins to accrue from the date of loan origination.

(c) After origination, the commission staff may capitalize any outstanding interest, not paid when due, as part of the principal to be repaid as provided for in the promissory note.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

20 AAC 14.240 Terms of repayment

(a) Repayment of the principal and interest begins no later than 60 days following loan origination.

(b) The minimum monthly payment is the greater of $100 or the payment amount calculated to fully repay the refinancing loan within the loan repayment schedule, including all costs of financing.

(c) Subject to (b) of this section, the loan repayment schedule must provide for repayment of the total amount owed in monthly installments over a minimum of five years and not more than 15 years from the commencement of repayment. However, the commission may establish an alternative repayment schedule with the borrower to assist a borrower in repaying the loan without undue economic hardship.

(d) Payments shall be applied first to outstanding fees and interest, and then to principal.

(e) A cosigner's obligation to repay the loan

(1) begins when the borrower's obligation begins;

(2) is deferred while the borrower's obligation is deferred;

(3) continues even if the borrower's obligation to repay the loan is discharged or canceled before the loan is paid in full, even if the discharge or cancellation occurs due to the death or disability of the borrower; and

(4) continues even if the borrower's obligation to repay the loan is determined to have been discharged in bankruptcy unless the cosigner's obligation to repay the loan has also been determined to have been discharged in the cosigner's bankruptcy.

History

Authority: AS 14.42.150; AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219; am 6/25/2020, Register 234

Article 3 General Provisions

20 AAC 14.900 Definitions

In this chapter, unless otherwise provided or the context otherwise requires,

(1) "board" means the board of the corporation;

(2) "borrower" means the individual incurring the primary loan obligation and any cosigner on the loan;

(3) "commission" means the Alaska Commission on Postsecondary Education;

(4) "corporation" means the Alaska Student Loan Corporation;

(5) "corporation's bond counsel" means a counsel under contract with the Department of Law for the benefit of the corporation to provide legal advice on bond matters;

(6) "corporation's financial advisor" means a financial advisor on contract with the corporation to provide expertise on financial matters;

(7) "competitive sale" means a bond issuance in which the costs of borrowing are determined through bids received for the corporation's bonds;

(8) "cosigner" means an endorser;

(9) "endorser" means a person who signs a promissory note and who becomes secondarily liable for a loan obligation, agreeing to pay if the borrower does not pay;

(10) "executive officer" means the executive director of the commission;

(11) "installment" means any single scheduled payment on a borrower's loan;

(12) "negotiated sale" means a bond issuance in which the executive officer of the corporation negotiates both the bond yield and the underwriter's compensation;

(13) "PLUS loan" means a loan provided under 20 U.S.C. 1078-2;

(14) "qualified education loan" means a loan that meets the requirements of 26 U.S.C. 144(b)(1)(B);

(15) "qualified underwriters list" means a list of underwriters that have been determined to be qualified to participate in the underwriter selection process described in 20 AAC 14.035;

(16) "QUL" means qualified underwriters list;

(17) "refinancing loan" means a loan that meets the requirements of 20 AAC 14.200 - 20 AAC 14.240;

(18) "Stafford loan" means a federal loan authorized under 20 U.S.C. 1071 - 1078;

(19) "underwriters group" means one or more underwriters selected from the QUL through the underwriters selection process to provide underwriting services for a particular negotiated sale;

(20) "underwriters selection process" means the process of selection of an underwriting group from the QUL to participate in a bond issuance of the corporation done as a negotiated sale.

History

Authority: AS 14.42.150; AS 14.42.265 AS 14.42.200; AS 14.43.122
Eff. 7/31/2016, Register 219

Chapter 15 Student Financial Aid

Eff. 2/3/77, Register 61; am 7/9/82, Register 83; am 12/13/84, Register 92; am 7/27/86, Register 99; am 8/20/86, Register 99; am 7/16/92, Register 123; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.035 Limitations on granting authorized loan awards

Repealed 12/7/80.

20 AAC 15.036 Limitations on granting loan awards

For the purpose of determining the total of loans awarded to a borrower under AS 14.43.120(d),

(1) loans made under the memorial education loan programs (AS 14.43.250 - 14.43.325) and teacher education loan program (AS 14.43.600 - 14.43.700) are included; and

(2) "undergraduate study" includes career education programs.

History

Authority: AS 14.43.105; AS 14.43.120
Eff. 1/4/86, Register 97; am 1/4/86, Register 97; am 3/22/97, Register 141

20 AAC 15.040 Conditions and limitations of loans

Repealed.

History

Eff. 2/3/77, Register 61; am 5/10/78, Register 66; am 12/7/80, Register 76; am 7/9/82, Register 83; am 11/19/83, Register 88; am 12/13/84, Register 92; am 7/27/86, Register 99; am 8/27/86, Register 99; am 6/26/87, Register 102; am 11/29/87, Register 104; am 5/8/88, Register 106; am 3/28/90, Register 113; am 5/18/90, Register 114; am 3/16/91, Register 117; am 7/1/91, Register 119; am 7/16/92, Register 123; am 4/8/93, Register 126; am 11/26/94, Register 132; am 11/27/94, Register 132; am 4/11/95, Register 134; am 6/23/95, Register 134; am 7/1/96, Register 138; am 12/4/96, Register 140; repealed 3/22/97, Register 141

20 AAC 15.045 Disbursement and handling of loan awards

Repealed.

History

Eff. 2/3/77, Register 61; am 12/7/80, Register 76; am 7/9/82, Register 83; am 11/19/83, Register 88; am 12/13/84, Register 92; am 6/12/85, Register 94; am 7/27/86, Register 99; am 6/26/87, Register 102; am 7/11/87, Register 103; am 8/27/87, Register 103; am 5/8/88, Register 106; am 5/18/90, Register 114; am 3/16/91, Register 117; am 7/16/92, Register 123; am 11/26/94, Register 132; am 6/23/95, Register 134; repealed 3/22/97, Register 141

20 AAC 15.050 Repayment of loans

Repealed.

History

Eff. 2/3/77, Register 61; am 5/10/78, Register 66; am 12/7/80, Register 76; am 7/27/86, Register 99; am 7/16/92, Register 123; am 11/26/94, Register 132; am 11/27/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141; repealed 3/15/98, Register 145

20 AAC 15.055 Deferment of payments

Repealed.

History

Eff. 2/3/77, Register 61; am 5/10/78, Register 66; am 12/7/80, Register 76; am 7/27/86, Register 99; am 8/17/86, Register 99; am 7/16/92, Register 123; am 11/27/94, Register 132; am 6/23/95, Register 134; am 12/4/96, Register 140; repealed 3/22/97, Register 141

20 AAC 15.060 Resident forgiveness benefits

(a) Under former AS 14.43.120(j), a borrower of a loan awarded for the 1986-87 and preceding school years is eligible to have up to 50 percent of all loans and accrued interest paid by the state if the borrower remains an Alaskan resident after the successful completion of the course of study for which the loan was granted, is awarded an appropriate degree, diploma, or certificate, and remains, except for brief periods not to exceed a total of 180 days within a 12-month period, in the state during the period for which forgiveness is claimed. A borrower who does not qualify for forgiveness under this subsection may qualify under (h) or (j) of this section.

(b) To qualify for forgiveness benefits under former AS 14.43.120(j), a borrower must

(1) except as provided in (i) of this section, be physically residing in Alaska within one year after completion of the course of study for which the loan was granted, or an extension of that period by deferment under AS 14.43.120(k);

(2) provide a copy of the borrower's degree, diploma, or certificate of completion for the course of study for which the loan was granted;

(3) provide certification on a form provided by the commission that the borrower has satisfied the requirements of former AS 14.43.120(j) and this section;

(4) be current in repayment under AS 14.43.120 on the loan for which forgiveness is claimed; and

(5) not have defaulted on the loan.

(c) Forgiveness payments under this section will be computed for the first six years following the completion of the course of study as follows:

(1) if the recipient satisfies the requirements of (a) and (b) of this section for at least two, but less than three, years, the recipient will be eligible for a first forgiveness payment in an amount equal to 10 percent of his total loan, plus 10 percent of the interest accrued as of the second anniversary of the date the recipient first returned to Alaska;

(2) if the recipient satisfies the requirements of (a) and (b) of this section for at least three, but less than four, years, the recipient will be eligible for a second forgiveness payment in an amount equal to 10 percent of his total loan, plus 10 percent of the interest accrued as of the third anniversary of the date the recipient first returned to Alaska;

(3) if the recipient satisfies the requirements of (a) and (b) of this section for at least four, but less than five, years, the recipient will be eligible for a third forgiveness payment in an amount equal to 10 percent of his total loan, plus 10 percent of the interest accrued as of the fourth anniversary of the date the recipient first returned to Alaska;

(4) if the recipient satisfies the requirements of (a) and (b) of this section for at least five, but less than six, years, the recipient will be eligible for a fourth forgiveness payment in an amount equal to 10 percent of his total loan, plus 10 percent of the interest accrued as of the fifth anniversary of the date the recipient first returned to Alaska;

(5) if the recipient satisfies the requirements of (a) and (b) of this section for six years, the recipient will be eligible for a fifth forgiveness payment in an amount equal to 10 percent of his total loan plus 10 percent of the interest accrued, as of the sixth anniversary of the date the recipient first returned to Alaska.

(d) A portion of the forgiveness payment based on all loans will be credited against principal and a portion of the forgiveness payment based on accrued interest will be credited against interest. Subject to the requirements of this section, any previous forgiveness payment due will be credited against principal. The forgiveness payment does not alter the amount of monthly principal and interest payments due or the terms and conditions of the repayment schedule.

(e) Repealed 3/22/97.

(f) A recipient who is absent from Alaska for a period that exceeds a total of 180 days within a 12-month eligibility period will forfeit one 10 percent forgiveness increment for that eligibility period. However, if the recipient has obtained a deferment for this period and the loan is not in repayment status, this forfeiture provision does not apply.

(g) Repealed 6/23/95.

(h) A recipient who receives an initial determination of failure to meet the requirements of (a) of this section may request an exception from loan personnel in accordance with this subsection. The request for an exception must be postmarked within 30 days after the date of mailing of the initial determination, must be filed on a form provided by the commission for that purpose, and must set out the specific reasons for the exception. Loan personnel will, in their discretion require additional documentation in order to determine if an absence is allowable under (j) of this section or is of a nature and temporary duration that is consistent with an intent to return to Alaska and remain permanently in the state. In making a determination under this section, loan personnel will determine the recipient's eligibility based upon relevant documentation, including

(1) Alaska Permanent Fund Dividend applications for the 12-month eligibility period;

(2) voter registration and voting records;

(3) licenses to drive, fish, hunt, or trap;

(4) rent receipts, proof of home ownership, or other proof that the individual maintains a principal place of abode in this state, including the location of the recipient's household goods;

(5) school, employment, unemployment, or military records;

(6) tax, court, or other government agency records;

(7) hotel receipts, and records or receipts of travel on an airline, Alaska Marine Highway System, or other carrier;

(8) evidence indicating in which state the individual maintains personal and business bank accounts or owns or operates a business; and

(9) affidavits by persons acquainted with or related to the recipient who have reason to know facts that support the recipient's intent.

(i) A recipient who completes the program of study for which the loan was obtained, but who fails to meet the deadline in (b) of this section for physical residence in Alaska, may still be eligible for forgiveness benefits under this section, but those benefits will be reduced at the rate of one 10-percent forgiveness increment for each year by which the recipient fails to meet the deadline in (b) of this section.

(j) Notwithstanding the requirements of (a) and (f) of this section, if a recipient is absent from the state for more than 180 days in a 12-month eligibility period and can demonstrate a continuing intent to return to and remain permanently in the state, loan personnel

(1) will award forgiveness benefits if the absence is due solely to serving on active duty as a member of the armed forces of the United States; or

(2) will, in their discretion, award forgiveness benefits if the recipient is or was out of Alaska on one of the following allowable absences:

(A) receiving medical treatment if the treatment is on the advice of a licensed physician and does not include a seasonal or permanent change of residence;

(B) serving in the United States Congress as a representative or senator for Alaska;

(D) serving as an employee of the State of Alaska, including employment in a field office;

(E) repealed 3/22/97;

(F) accompanying a member of the borrower's immediate family who is receiving medical treatment on a licensed physician's advice, if requested or required by the family member's physician.

(k) If payments have been accelerated, so that time remains under the terms of the original repayment schedule, a forgiveness refund may be made to the borrower for a loan that has been satisfied by repayment.

History

Authority: AS 14.43.10514.43.120(j)AS 14.43.120(o) FormerFormer
Eff. 2/3/77, Register 61; am 12/7/80, Register 76; am 7/9/82, Register 83; am 12/13/84, Register 92; am 7/27/86, Register 99; am 7/11/87, Register 103; am 11/29/87, Register 104; am 5/18/90, Register 114; am 11/28/92, Register 124; am 6/23/95, Register 134; am 3/22/97, Register 141

20 AAC 15.065 Default

Repealed.

History

Eff. 2/3/77, Register 61; am 7/27/86, Register 99; repealed 12/4/96, Register 140

20 AAC 15.070 Appeals to the executive director

Repealed.

History

Eff. 2/3/77, Register 61; am 7/27/86, Register 99; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.075 Appeals to the commission

Repealed.

History

Eff. 2/3/77, Register 61; am 7/27/86, Register 99; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.080 Complaint file

Repealed.

History

Eff. 2/3/77, Register 61; am 7/27/86, Register 99; repealed 6/23/95, Register 134

20 AAC 15.081 Loan audit and institutional sanctions

Repealed.

History

Eff. 11/19/83, Register 88; am 7/27/86, Register 99; am 6/26/87, Register 102; am 3/16/91, Register 117; repealed 3/22/97, Register 141

20 AAC 15.085 Definition of hardship

Repealed.

History

Eff. 2/3/77, Register 61; am 12/7/80, Register 76; am 7/9/82, Register 83; am 11/19/83, Register 88; am 6/12/85, Register 94; am 7/27/86, Register 99; am 8/20/86, Register 99; am 7/11/87, Register 103; am 5/8/88, Register 106; am 5/18/90, Register 114; am 3/16/91, Register 117; am 7/16/92, Register 123; am 11/28/92, Register 124; am 12/13/93, Register 129; am 11/26/94, Register 132; am 4/11/95, Register 134; am 3/22/97, Register 141; repealed 3/15/98, Register 145

Article 2 AlaskAdvantage Federal Consolidation Loan Program

20 AAC 15.086 Purpose of the AlaskAdvantage federal consolidation loan program

The AlaskAdvantage federal consolidation loan program provides eligible borrowers the opportunity to combine multiple eligible outstanding federally guaranteed education loans into one.

History

Authority: AS 14.42.030; AS 14.43.167
Eff. 4/2/2004, Register 169

20 AAC 15.087 General program requirements

The AlaskAdvantage federal consolidation loan program will be administered under AS 14.43.161 - 14.43.168, 20 U.S.C. 1001 - 1155 (Higher Education Act of 1965), 34. .F.R.682, and published policies authorized by the secretary.

History

Authority: AS 14.42.030; AS 14.43.167
Eff. 4/2/2004, Register 169

20 AAC 15.088 Applicant eligibility

(a) An applicant for an AlaskAdvantage federal consolidation loan must

(1) satisfy the residency criteria of AS 14.43.162;

(2) have a minimum of $3,500 of eligible loan debt to be consolidated; and

(3) satisfy the eligibility criteria specified in 20 U.S.C. 1078-3(a)(3), 34 C.F.R. 682.102, and 34 C.F.R. 682.201.

(b) For purposes of (a) of this section, a borrower's residency requirement may be considered met if the borrower has an active loan with the commission.

History

Authority: AS 14.42.030; AS 14.43.163 AS 14.43.162; AS 14.43.164
Eff. 4/2/2004, Register 169; am 6/7/2007, Register 182; am 10/18/2007, Register 184

20 AAC 15.089 Loan eligibility

(a) Loans eligible for consolidation under this section are defined in 34 C.F.R. 668.2, and 34 C.F.R. 682.100, and include

(1) the federal Stafford loan;

(2) a federal PLUS loan;

(3) the federal Perkins loan;

(4) the Federal Insured Student Loan Program (FISL);

(5) federal Supplemental Loans for Students (SLS);

(6) Auxiliary Loans to Assist Students (ALAS);

(7) the Health Professions Student Loan Program (HPSL);

(8) Loans for Disadvantaged Students (LDS);

(9) the Nursing Student Loan Program; and

(10) existing loans under the Federal Consolidation Loan Program, and William D. Ford Direct Loan Program (Direct Loan).

(b) If an eligible loan in this section is in default status, the borrower must have

(1) made satisfactory repayment arrangements with the holder of the defaulted loan as defined in 34 C.F.R. 682.200(b); or

(2) agreed to the income-sensitive repayment plan described in 34 C.F.R. 682.209(a)(6) to repay the consolidated loan.

(d) The commission staff may approve the addition of an eligible loan to the consolidation loan if the additional eligible loan is received within a 180-day period following the effective date of a consolidation loan under 34 C.F.R. 682.201(e). The interest rate and repayment terms of a consolidation loan may be altered with the inclusion of additional eligible loans.

History

Authority: AS 14.42.030; AS 14.43.167
Eff. 4/2/2004, Register 169; am 6/7/2007, Register 182

20 AAC 15.090 Application procedure

(a) An individual applying for a federal consolidation loan

(1) must complete and submit the consolidation loan combined loan application and promissory note; and

(2) may not have another consolidation loan application pending.

(b) An incomplete application may be returned to the applicant with a request for additional information. Further action may not be taken on an incomplete application until it is resubmitted with the requested information.

(c) The commission staff may require an applicant to furnish further information and documents to verify statements on the application.

History

Authority: AS 14.42.030; AS 14.43.167
Eff. 4/2/2004, Register 169; am 6/7/2007, Register 182

20 AAC 15.091 Loan disbursement

(a) A federal consolidation loan will be considered disbursed when the first loan proceeds are transferred, by individual check, master check, or electric funds transfer (EFT), by the commission to the current holder of the loan being consolidated.

(b) In accordance with 34 C.F.R. 682.206 and 34 C.F.R. 682.209, a verification certificate will be mailed to the holder of each eligible loan to certify the loan's eligibility and payoff amount.

(c) Upon receipt of the verification certificate from the holder of each eligible loan, the commission staff shall make payment to the holder for discharge of the loan in accordance with 34 C.F.R. 682.206 and 34 C.F.R. 682.209.

History

Authority: AS 14.42.030; AS 14.43.167
Eff. 4/2/2004, Register 169

20 AAC 15.092 Loan fees, interest, and interest capitalization

(a) A borrower will not be charged an origination fee on a federal consolidation loan.

(b) Interest on a federal consolidation loan will be set in accordance with 20 U.S.C. 1077 - 1078, 34 C.F.R. 682.202, and AS 14.43.165, not to exceed 8.25 percent.

(c) An eligible subsidized loan included in the federal consolidation loan may remain subsidized, subject to the conditions set out in 34 C.F.R. 682.301.

(d) Accrued interest and unpaid fees

(1) will be added to the principal balance at the time of consolidation;

(2) will be added to the principal balance at the end of a period of deferment or forbearance; and

(3) may be added to the principal balance at any time interest and fees are not paid when due.

(e) A late fee may be charged for loan payments not made when due if authorized in the borrower's promissory note, and subject to conditions set out in 34 C.F.R. 682.202(f).

(f) A borrower may be required to pay collection costs incurred by the commission or its agents for payments not paid when due, including

(1) late charges;

(2) attorney's fees;

(3) court costs; and

(4) collection agency fees.

(g) A borrower who receives a federal consolidation loan by providing false or erroneous information or who takes actions described in 34 C.F.R. 682.412(a) will be sent a final demand letter in accordance with the requirements of 34 C.F.R. 682.412.

History

Authority: AS 14.42.200; AS 14.43.030; AS 14.43.166 AS 14.42.210; AS 14.43.165; AS 14.43.167
Eff. 4/2/2004, Register 169

20 AAC 15.093 Loan servicing and repayment

(a) Federal consolidation loans will be serviced in accordance with 34 C.F.R. 682.208.

(b) Repayment begins no later than 60 days from the date the federal consolidation loan is disbursed and must be repaid in accordance with 34 C.F.R. 682.209.

(c) The minimum monthly payment on a federal consolidation loan is $50, unless the borrower and the commission staff agree to an alternate repayment amount.

History

Authority: AS 14.43.030; AS 14.43.167
Eff. 4/2/2004, Register 169

20 AAC 15.094 Loan deferment and forbearance

(a) A borrower may defer payments of principal after the beginning of the repayment period in accordance with the conditions set out in 20 U.S.C. 1078 and 34 C.F.R. 682.210.

(b) Deferment eligibility is based on the deferment eligibility established with the borrower's eligible loans.

(c) In order to receive a deferment the borrower must submit a request for the deferment to the commission with documentation required by 34 C.F.R. 682.210(c) - (t).

(d) Interest accrues and must be paid by the borrower during the deferment period and the post-deferment grace period, if applicable, unless the borrower qualifies for interest benefits as described in 34 C.F.R. 682.301.

(e) The commission staff may grant a forbearance of payments of principal or interest in accordance with the conditions set out in 34 C.F.R. 682.211 to provide temporary or long-term repayment relief.

(f) Interest accrues during the period of an approved period of forbearance on a loan, and will be capitalized as part of the loan principal at the end of the forbearance period.

History

Authority: AS 14.43.030; AS 14.43.167
Eff. 4/2/2004, Register 169; am 6/7/2007, Register 182

20 AAC 15.095 Default

A federal consolidation loan will be considered in default under the conditions set out in the definition of "default" in 34 C.F.R. 682.200.

History

Authority: AS 14.43.030; AS 14.43.167
Eff. 4/2/2004, Register 169

Article 3 AlaskAdvantage Loan Program

20 AAC 15.100 Purpose of AlaskAdvantage loan program

The AlaskAdvantage loan program provides low-cost, federally guaranteed education loans to residents of this state attending eligible institutions, to students attending eligible institutions in this state, and to parents of eligible students seeking to assist in financing their children's postsecondary education.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162

20 AAC 15.105 General program requirements

The AlaskAdvantage loan program will be administered under AS 14.43.161 - 14.43.168, 20 U.S.C. 1001 - 1155 (Higher Education Act of 1965), 34 C.F.R. 600, 668, and 682, and published policies authorized by the secretary.

History

Authority: AS 14.42.030; AS 14.43.161
Eff. 7/1/2002, Register 162

20 AAC 15.110 AlaskAdvantage loan types

AlaskAdvantage loan types include

(1) the federal subsidized Stafford loan;

(2) the federal unsubsidized Stafford loan;

(3) the federal PLUS loans; and

(4) a federal consolidation loan; a federal consolidation loan is subject to 20 AAC 15.086 - 20 AAC 15.095.

History

Authority: AS 14.42.030; AS 14.43.161
Eff. 7/1/2002, Register 162; am 4/2/2004, Register 169; am 6/7/2007, Register 182; am 8/19/2009, Register 191

20 AAC 15.115 Applicant eligibility

(a) Except as provided in (b) and (c) of this section, to be considered for an AlaskAdvantage loan, an applicant must satisfy the eligibility criteria specified in AS 14.43.162 and 34 C.F.R. 668 and 682.

(b) For purposes of the parent PLUS loan, the requirements of AS 14.43.162(a)(1), (b), and (c) apply to the undergraduate student for whom the loan is borrowed or the parent PLUS borrower.

(c) For purposes of the parent PLUS loan, the requirements of AS 14.43.162(a)(2) apply to the undergraduate student for whom the loan is borrowed.

(d) For purposes of the student PLUS loan, the requirements of AS 14.43.162 apply to the graduate or professional student.

History

Authority: AS 14.42.030; AS 14.43.163 AS 14.43.162; AS 14.43.164
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165; am 6/7/2007, Register 182

20 AAC 15.120 Institutional eligibility

(a) To be eligible to participate in the AlaskAdvantage loan program, institutions must meet the criteria of and operate in compliance with the requirements set out in 34 C.F.R. 600.

(b) Institutions must meet the requirements for ongoing participation in the AlaskAdvantage loan program set out in 34 C.F.R. 600 and 668.

(c) Institutions offering programs through distance education must meet education requirements set out in 34 C.F.R. 600.7.

History

Authority: AS 14.42.030; AS 14.48.050
Eff. 7/1/2002, Register 162; am 2/20/2005, Register 173

20 AAC 15.125 Application procedure requirements

(a) A student applying for an AlaskAdvantage loan must complete and submit a Free Application for Federal Student Aid (FAFSA) to the United States Department of Education in the manner set out in the FAFSA.

(b) If the student's FFELP eligible school has not notified the student of the availability of the AlaskAdvantage loan, the commission staff shall provide that notification.

(c) After a FFELP eligible school, under 34 C.F.R. 668, calculates the amount of the student's eligibility for an AlaskAdvantage loan and requests the student's acceptance of a loan award, and upon the student's acceptance of that loan award, the student must complete a loan application and master promissory note and return it for certification by the FFELP eligible school's financial aid office.

(d) To apply for AlaskAdvantage PLUS loans, a parent who is applying for a parent PLUS loan, or graduate or professional student who is applying for a student PLUS loan, must

(1) complete and submit a FAFSA to the United States Department of Education, if that agency requires the submission of any FAFSA; and

(2) complete a loan application and promissory note and return those forms for certification by the FFELP eligible school's financial aid office.

(e) A graduate or professional student borrower of a federal PLUS loan must apply for the annual loan maximum eligible under the federal subsidized and unsubsidized Stafford before applying for a federal PLUS loan.

History

Authority: AS 14.42.030; AS 14.43.162; AS 14.43.163
Eff. 7/1/2002, Register 162; am 6/7/2007, Register 182

20 AAC 15.130 Allowable use of loan proceeds

AlaskAdvantage loan proceeds may be used, in accordance with 20 U.S.C. 1087ll, to pay the allowable costs of attendance related to the student's period of enrollment.

History

Authority: AS 14.42.030; AS 14.43.163; AS 14.43.164
Eff. 7/1/2002, Register 162

20 AAC 15.135 Loan fees and accrual of interest

(a) A borrower who receives a subsidized Stafford loan is not required to make loan principal payments during the time the borrower is enrolled in school on at least a half-time basis.

(b) If the borrower receives a subsidized or unsubsidized Stafford loan, and ceases to be enrolled in school on at least a half-time basis, a six-month grace period begins, during which no principal payments are due.

(c) A borrower who receives an unsubsidized Stafford loan shall pay interest accruing during the in-school and grace periods.

(d) For federal PLUS loans, interest accrues from the date of the first disbursement and loan repayment begins after the last loan disbursement, except during periods of authorized deferment or forbearance. A parent PLUS loan borrower may elect to defer payments until six months after the student ceases to be enrolled at least half-time, and may pay accrued interest monthly or quarterly. Unpaid interest will be capitalized.

(e) A borrower may be charged an origination fee on an AlaskAdvantage loan in accordance with 34 C.F.R. 682.202 if that charge is provided for in the promissory note.

(f) A borrower may be charged the amount of the insurance premium or federal default fee paid by the commission to the guarantor, if that charge is provided for in the promissory note.

(g) Accrued interest and unpaid insurance premiums or federal default fees payable by the borrower may be added to the principal balance in accordance with 34 C.F.R. 682.202(b).

(h) A borrower or endorser may be charged a late fee relative to a payment not made when due if authorized by the borrower's promissory note, and subject to the conditions set out in 34 C.F.R. 682.202(f).

(i) The borrower or any endorser may be required to pay costs incurred by the commission or through the commission's agents in collecting installments not paid when due, including

(1) attorney's fees;

(2) court costs;

(3) collection agency fees; and

(4) late fees.

(j) A borrower or student who receives the benefit of an interest subsidy due to false or erroneous information or who takes actions described in 34 C.F.R. 682.412(a) will be sent a final demand letter in accordance with the requirements of 34 C.F.R. 682.412.

History

Authority: AS 14.42.030; AS 14.43.165; AS 14.43.168
Eff. 7/1/2002, Register 162; am 6/7/2007, Register 182; am 8/19/2009, Register 191

20 AAC 15.140 Limitations on loan amounts

(a) Borrowing under the AlaskAdvantage loan program is subject to the annual and aggregate lifetime limits set out in 34 C.F.R. 682.204.

(b) The minimum loan award for an applicant is determined annually and will be the lesser of

(1) $500 for the school year; or

(2) an amount required to recover the average cost of processing an application for the AlaskAdvantage loan program, but not less than $200; the executive director shall annually post the amount of the minimum loan award on the commission's web page.

History

Authority: AS 14.42.030; AS 14.43.163
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165; am 8/19/2009, Register 191

20 AAC 15.145 Loan disbursement and refund

AlaskAdvantage loans will be disbursed in accordance with 34 C.F.R. 668.22, 668.164, and 682.207.

History

Authority: AS 14.42.030; AS 14.43.163; AS 14.43.164
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165; am 7/12/2008, Register 187

20 AAC 15.150 Loan servicing and repayment

(a) AlaskAdvantage loans will be serviced and must be repaid in accordance with 34 C.F.R. 682.208, 34 C.F.R. 682.209, and 34 C.F.R. 682.215.

(b) A minimum monthly payment amount must be at least $50, unless otherwise agreed to by the borrower and the commission.

History

Authority: AS 14.42.030; AS 14.43.166
Eff. 7/1/2002, Register 162; am 8/19/2009, Register 191

20 AAC 15.155 Loan deferment

(a) A borrower, but not an endorser, may defer payments of principal on an AlaskAdvantage loan after the beginning of the repayment period in accordance with the conditions set out in 20 U.S.C. 1077 and 34 C.F.R. 682.210.

(b) In order to receive a deferment the borrower must request the deferment and submit any documentation required by 34 C.F.R. 682.210 to the commission for approval.

History

Authority: AS 14.42.030; AS 14.43.166
Eff. 7/1/2002, Register 162; am 8/19/2009, Register 191

20 AAC 15.160 Loan forbearance

(a) For the benefit of a borrower or endorser, the commission may grant, in accordance with 34 C.F.R. 682.211, a forbearance of payments of principal or interest on an AlaskAdvantage loan.

(b) The commission will grant mandatory forbearances in accordance with 34 C.F.R. 682.211(h) and (i).

History

Authority: AS 14.42.030; AS 14.43.166
Eff. 7/1/2002, Register 162; am 8/19/2009, Register 191

20 AAC 15.165 Default

An AlaskAdvantage loan will be considered in default under the conditions set out in the definition of "default" in 34. C.F.R. 682.200.

History

Authority: AS 14.42.030; AS 14.43.168
Eff. 7/1/2002, Register 162

20 AAC 15.170 Definitions

In 20 AAC 15.100 - 20 AAC 15.170, unless the context requires otherwise,

(1) "guarantor" means a state or private nonprofit organization that has an agreement with the secretary to administer a loan guarantee program under 20 U.S.C. 1001 - 1155 (Higher Education Act of 1965);

(2) "insurance premium" means the fee charged by the guarantor for each loan that the guarantor guarantees;

(3) "master promissory note" means a single-year or multi-year promissory note by which a student borrower promises to repay loan money;

(4) "PLUS loan" means a loan provided under 20 U.S.C. 1078-2;

(5) repealed 11/16/2012;

(6) "subsidized Stafford loan" means a Stafford loan with an interest offset that, under 20 U.S.C. 1078(a), the United States government pays on the borrower's behalf to the commission;

(7) "unsubsidized Stafford loan" means a Stafford loan provided under 20 U.S.C. 1078-8 without an interest subsidy;

(8) "graduate or professional student" means a student who, for a period of enrollment,

(A) is enrolled in a program or course above the baccalaureate level or is enrolled in a program leading to a professional degree;

(B) has completed the equivalent of at least three years of full-time study, either before entrance into the program or as part of the program itself; and

(C) is not receiving aid under 20 U.S.C. 1070 - 1100 (Title IV) as an undergraduate student for the same period of enrollment.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162; am 6/7/2007, Register 182; am 7/12/2008, Register 187; am 11/16/2012, Register 204

Article 4 AlaskAdvantage Consolidation Loan Program

20 AAC 15.171 Purpose of the AlaskAdvantage consolidation loan program

The AlaskAdvantage consolidation loan program is available to an eligible borrower to refinance eligible loans.

History

Authority: AS 14.42.030; AS 14.43.105; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167

20 AAC 15.174 Applicant eligibility

(a) An applicant for a consolidation loan must meet the eligibility requirements of AS 14.43.122 and

(1) may not have a payment that is 60 days or more past due on any loan held by the commission;

(2) may not have a loan, held by the commission, with an outstanding loan balance that is subject to third-party collection services at the time the consolidation loan application is received;

(3) must include within the consolidation loan application any loans made to the applicant under AS 14.43.091 - 14.43.160 for which an outstanding loan balance exists; and

(4) be a United States citizen or permanent resident alien admitted to the United States as a lawful permanent resident according to 8 U.S.C. 1101 - 1537 (United States Immigration and Nationality Act).

(b) The commission staff may perform a credit history review on each applicant.

(1) must have a credit history that demonstrates good credit; for purposes of this paragraph, an applicant will be considered to have good credit if the applicant has a FICO credit report score of 680 or higher; or

(2) must have made the 18 most recent payments on the eligible loans in full and on time; the borrower is responsible for requesting that the commission perform an account review to determine eligibility under this paragraph.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167; am 9/23/2006, Register 179; am 5/7/2009, Register 190; am 12/29/2010, Register 196

20 AAC 15.177 Application procedure

(a) The commission staff shall establish an application period based on money available for the AlaskAdvantage consolidation loan program. Once available money has been fully expended, commission staff shall close an application period.

(b) An individual applying for a consolidation loan must complete and submit an application and promissory note provided by the commission. The requirements of 20 AAC 15.930, other than 20 AAC 15.930(b), (c), (f), and (g), apply to an application for a consolidation loan.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167

20 AAC 15.180 Priority ranking of applicants

If available money is not sufficient to fund all eligible applications, loans will be awarded to applicants in the order in which the commission receives completed applications.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167

20 AAC 15.183 Computation of authorized loan amounts

(a) The principal balance of a consolidation loan is the total of the outstanding principal, interest, and fees relative to each loan included in the consolidation as of the date the consolidation loan is originated.

(b) The minimum authorized loan amount for an applicant is $3,500.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167

20 AAC 15.186 Effect of consolidation on eligible loans

(a) A promissory note for an eligible loan becomes void on the date it is paid in full and the consolidation loan is originated.

(b) As soon as is practicable following a consolidated loan origination, the commission staff will return to the borrower the cancelled promissory notes for each eligible loan that is included in the consolidation loan.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167

20 AAC 15.189 Loan fees, interest, and interest capitalization

(a) Repealed 2/27/2010.

(b) Repealed 12/26/2014.

(d) Interest on a consolidation loan begins to accrue on the date of loan origination.

(e) After origination, the commission staff may capitalize any outstanding interest, not paid when due, as part of the principal to be repaid as provided for in the promissory note.

History

Authority: AS 14.42.030; AS 14.42.210; AS 14.43.122 AS 14.42.200; AS 14.42.215
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167; am 2/27/2010, Register 193; am 12/26/2014, Register 212; am 7/31/2016, Register 219

20 AAC 15.192 Loan servicing and repayment

(a) Repayment of the principal and interest on a consolidation loan begins no later than 60 days following loan origination.

(b) The minimum monthly payment on a consolidation loan is $100.

(c) Subject to (b) of this section, the consolidation loan must provide for repayment of the total amount owed in periodic installments in not more than ten years from the commencement of repayment. However, the commission may establish an alternative repayment schedule with the borrower to assist a borrower in repaying the loan without undue economic hardship. If the commission and the borrower agree to an alternative repayment schedule, the

(1) commission staff shall disclose to the borrower, in writing, the financial effect of the alternative repayment schedule on the costs of financing the loan; and

(2) borrower shall repay the loan in accordance with the alternative repayment schedule.

(d) Repealed 12/29/2010.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167; am 12/29/2010, Register 196

20 AAC 15.195 Loan forbearance and deferment

(a) Subject to the approval of the executive director, the commission staff may provide a borrower with a loan forbearance to provide temporary or long-term repayment relief.

(b) If a borrower's request for a period of forbearance on a loan is approved, interest continues to accrue during the period of forbearance and will be capitalized as part of the loan principal at the end of the forbearance period.

(c) If a period of loan forbearance is agreed to, commission staff shall disclose to the borrower, in writing, the financial effect of the forbearance on the costs of financing the loan.

(d) Repealed 12/29/2010.

(e) Repealed 12/29/2010.

(f) Subject to the approval of the executive director, the commission staff may approve a student deferment for no longer than a cumulative total of 24 months over the life of the loan, while the borrower is enrolled as at least a full-time student at an institution that has received approval under 20 AAC 15.922. In the event commission staff approves a borrower's request for a period of deferment on the loan, interest will continue to accrue during the period of deferment and will be capitalized at the end of the deferment period.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167; am 12/29/2010, Register 196; am 2/22/2015, Register 213

20 AAC 15.199 Definitions

In 20 AAC 15.171 - 20 AAC 15.199, unless the context requires otherwise,

(1) repealed 4/2/2004;

(2) "consolidation loan" means a loan made under AS 14.43.122;

(3) "date of origination" means the day eligible loans are paid in full through the issuance of the consolidation loan;

(4) "eligible loan" means an education loan made under AS 14.43.091 - 14.43.160, AS 14.43.170 - 14.43.175, or AS 14.44.040 and approved for and paid in full through issuance of a consolidation loan;

(5) repealed 2/27/2010;

(6) "origination" means the creation of a financial obligation by the commission in response to an application from a consumer.

History

Authority: AS 14.42.030; AS 14.43.122
Eff. 3/19/2003, Register 166; am 7/31/2003, Register 167; am 4/2/2004, Register 169; am 12/31/2005, Register 176; am 2/27/2010, Register 193

Article 5 Teacher Education Loan Program

20 AAC 15.200 Purpose of teacher education loan program

The teacher education loan program provides low-cost education loans to graduates of public or private high schools in the state who are enrolled in bachelor's degree programs in elementary or secondary teacher education or undergraduate certificate programs intended to lead to elementary or secondary teacher certification.

History

Authority: AS 14.43.600; AS 14.43.610; AS 14.43.630
Eff. 8/16/86, Register 99; am 7/12/2008, Register 187

20 AAC 15.205 Administration

(a) The commission will distribute award nomination forms in January of each year to local school boards.

(b) Repealed 4/20/2000.

(c) By May 1 of each year, the commission will send an appropriate number of teacher education loan application forms to the school boards for distribution to selected students.

(d) In May of each year, the commission will send application forms to recipients of previous teacher education loans who are expected to continue in an eligible program of study.

(e) Repealed 3/22/97.

History

Authority: AS 14.43.630
Eff. 8/16/86, Register 99; am 3/22/97, Register 141; am 4/20/2000, Register 154

20 AAC 15.210 Filing of application

The commission staff shall process applications and distribute available loan proceeds based on the order in which the applications are received. Each year, a person requesting a loan for that school year must file an application on a form obtained from the commission.

History

Authority: AS 14.43.630
Eff. 8/16/86, Register 99; am 3/24/94, Register 130; am 3/22/97, Register 141; am 4/20/2000, Register 154

20 AAC 15.215 Applicant eligibility

In addition to the eligibility requirements set out in AS 14.43.650, an applicant must be enrolled, or must intend to enroll, in a four-year bachelor's degree program in elementary or secondary teacher education or undergraduate degree or certificate program intended to lead to elementary or secondary teacher certification.

History

Authority: AS 14.43.630; AS 14.43.650
Eff. 8/16/86, Register 99; am 7/12/2008, Register 187

20 AAC 15.220 Priority ranking of applicants

If available money is not sufficient to fund all eligible applicants, loans will be awarded in accordance with the following priority:

(1) applicants who received a teacher education loan the preceding year;

(2) one new applicant, ranked by high school grade-point average, from each school district;

(3) remaining new applicants ranked by highest number of years enrolled in a teacher education program, with students who are in a teacher certification program ranked first.

History

Authority: AS 14.43.630; AS 14.43.650
Eff. 8/16/86, Register 99

20 AAC 15.225 Computation of authorized loan awards

Repealed.

History

Eff. 8/26/86, Register 99; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.230 Conditions of loans

A loan may be used to attend only an institution that meets the requirements of

(1) 20 AAC 15.922; and

(2) AS 14.20.020 and 4 AAC 12.010 - 4 AAC 12.900 for teacher certification degree programs.

History

Authority: AS 14.43.600; AS 14.43.630; AS 14.43.650 AS 14.43.610; AS 14.43.640
Eff. 8/16/86, Register 99; am 5/8/88, Register 106; am 11/28/92, Register 124; am 11/26/94, Register 132; am 11/27/94, Register 132; am 7/1/96, Register 138; am 12/4/96, Register 140; am 3/22/97, Register 141

20 AAC 15.235 Disbursement of loan awards

Repealed.

History

Eff. 8/16/86, Register 99; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.240 Repayment of loans

Repealed.

History

Eff. 8/16/86, Register 99; am 11/26/94, Register 132; am 11/27/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141; repealed 3/15/98, Register 145

20 AAC 15.245 Deferment of payments

Repealed.

History

Eff. 8/16/86, Register 99; am 11/27/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.250 Forgiveness benefits

(a) To qualify to have a portion of a loan be paid by the state as a forgiveness benefit under AS 14.43.640(b), a borrower must

(1) provide a copy of the borrower's degree, diploma, or certificate of completion for the course of study for which the loan was awarded;

(2) show proof of employment as a teacher in an elementary or secondary school in rural Alaska, as defined in AS 14.43.700, or in an urban area of Alaska under the requirements of the exception set out in AS 14.43.640(f);

(3) provide certification on a form provided by the commission that the borrower has satisfied the requirements of AS 14.43.640(b) and this section;

(4) be current in repayment in compliance with AS 14.43.120 and 20 AAC 15 on the loan for which a forgiveness benefit is claimed; and

(5) not have defaulted on the loan.

(b) Forgiveness benefits will be prorated for a borrower who shows proof of employment as a teacher for the equivalent of at least one-half of the school day for a full school year, or full-time for one-half of the school year, but less than full-time for the full school year.

(c) Forgiveness benefits are credited against the unpaid principal balance. Receipt of a forgiveness benefit does not alter the amount of the monthly payments due under the borrower's repayment schedule for the loan, but instead reduces the remaining number of monthly payments.

(d) A borrower who is not eligible for forgiveness benefits under AS 14.43.640(b) is eligible for benefits under former AS 14.43.120(j) if the loan was awarded before July 1, 1987 and the borrower qualifies under former AS 14.43.120(j) and 20 AAC 15.060.

(e) A borrower who qualifies for forgiveness benefits under AS 14.43.640(f) must certify on a form obtained from the commission that the qualifying medical condition continued to exist during the period of employment required under AS 14.43.640(f).

History

Authority: FormerAS 14.43.630 AS 14.43.120(j)AS 14.43.640
Eff. 8/16/86, Register 99; am 6/26/87, Register 102; am 5/8/88, Register 106; am 9/15/88, Register 107; am 5/18/90, Register 114; am 11/28/92, Register 124; am 6/23/95, Register 134; am 3/22/97, Register 141; am 9/23/99, Register 151

20 AAC 15.255 Default

Repealed.

History

Eff. 8/16/86, Register 99; repealed 12/4/96, Register 140

20 AAC 15.260 Appeals to the executive director

Repealed.

History

Eff. 8/16/86, Register 99; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.265 Appeals to the commission

Repealed.

History

Eff. 8/16/86, Register 99; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.270 Complaint file

Repealed.

History

Eff. 8/16/86, Register 99; repealed 6/23/95, Register 134

20 AAC 15.275 Loan audit and institutional sanctions

Repealed.

History

Eff. 8/16/86, Register 99; am 6/26/87, Register 102; repealed 3/22/97, Register 141

20 AAC 15.295 Definitions

(a) In AS 14.43.600 - 14.43.700 and 20 AAC 15.200 - 20 AAC 15.295, "total loan" means the total amount of all teacher education loans received by a borrower.

(b) For the purposes of 20 AAC 15.200 - 20 AAC 15.295,

(1) "employment as a teacher" means to enter into and complete the terms of a contract to serve as a certificated elementary or secondary school teacher;

(2) "hardship" means being unable to meet the obligation to repay a teacher education loan over the term or in the amount determined by loan personnel.

History

Authority: AS 14.43.630
Eff. 8/16/86, Register 99; am 11/26/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141

Eff. 7/27/86, Register 99; repealed 7/1/2002, Register 162

Article 7 Family Education Loan Program

20 AAC 15.510 Purpose of family education loan program

The family education loan program provides low-cost education loans to Alaskan families to assist in paying the costs of postsecondary education for family members.

History

Authority: AS 14.43.710; AS 14.43.720; AS 14.43.730
Eff. 2/28/90, Register 113

20 AAC 15.515 Administration

Repealed.

History

Eff. 2/28/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.520 Filing of application

The commission staff shall process applications and distribute available loan proceeds based on the order in which the applications are received, except that in a year that financing is insufficient and not available to fully finance loan demand, priority will be given to residents of this state attending institutions in this state. Each year, a person requesting a loan for that school year must file an application on a form obtained from the commission.

History

Authority: AS 14.42.030; AS 14.43.740
Eff. 2/28/90, Register 113; am 3/24/94, Register 130; am 3/22/97, Register 141; am 4/20/2000, Register 154; am 2/27/2010, Register 193

20 AAC 15.525 Priority ranking of applications

Repealed.

History

Eff. 2/28/90, Register 113; repealed 11/26/94, Register 132

20 AAC 15.530 Computation of authorized loan awards

Repealed.

History

Eff. 2/28/90, Register 113; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.535 Limitations on granting loan awards

Repealed.

History

Eff. 2/28/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.537 Annual and aggregate loan limits

(a) Borrowing under the Alaska family education loan program is subject to annual and aggregate limits under AS 14.43.173(a) and (b).

(b) A borrower who receives loans under the Alaska family education loan program and has borrowed up to the aggregate limit under AS 14.43.173(b) may receive additional loans if the current total principal loan balance owed by the borrower, including the new loan amount, does not exceed the aggregate limit.

History

Authority: AS 14.42.030; AS 14.43.173; AS 14.43.740
Eff. 3/1/2002, Register 161; am 2/20/2005, Register 173; am 2/22/2015, Register 213; am 8/16/2024, Register 251

20 AAC 15.540 Duties of student recipient

(a) The student recipient must sign a statement on the promissory note that the student recipient will comply with the requirements of this section. Commission staff may not make loan disbursements to a student recipient who has not complied with a requirement of this section.

(b) Within 30 days after the change, a student recipient shall report in writing to the commission any change that affects the conditions of a loan, including any change of the student recipient's name, address, or state residency status, or the student's change of institution, change in dates of attendance, change in attendance from full-time status, change in enrollment status, or withdrawal or dismissal from the course of study for which the loan was awarded.

(c) A student recipient must maintain full-time enrollment as a student in good standing as described in 20 AAC 15.945 and must comply with the conditions placed on a student under that section.

History

Authority: AS 14.43.730; AS 14.43.740; AS 14.43.750
Eff. 2/28/90, Register 113; am 11/26/94, Register 132; am 11/27/94, Register 132; am 7/1/96, Register 138; am 12/4/96, Register 140; am 3/22/97, Register 141

20 AAC 15.545 Disbursement and handling of loan awards

Repealed.

History

Eff. 2/28/90, Register 113; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.550 Repayment of loans

The repayment period begins on the date of the last disbursement made on the loan. The first payment is due within 60 days after the date the loan is fully disbursed.

History

Authority: AS 14.42.030; AS 14.43.730; AS 14.43.740
Eff. 2/28/90, Register 113; am 11/27/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141; am 3/15/98, Register 145; am 3/1/2002, Register 161

20 AAC 15.560 Default

Repealed.

History

Eff. 2/28/90, Register 113; repealed 12/4/96, Register 140

20 AAC 15.565 Appeals to the executive director

Repealed.

History

Eff. 2/28/90, Register 113; repealed 6/23/95, Register 134

20 AAC 15.570 Appeals to the commission

Repealed.

History

Eff. 2/28/90, Register 113; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.575 Complaint file

Repealed.

History

Eff. 2/28/90, Register 113; repealed 6/23/95, Register 134

20 AAC 15.580 Loan audit and institutional sanctions

Repealed.

History

Eff. 2/28/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.590 Definitions

In 20 AAC 15.510 - 20 AAC 15.590,

(1) "family member" means a spouse, child, step-child, foster child, or grandchild of the borrower;

(2) repealed 3/15/98;

(3) "student recipient" means the family member for whom the loan is made.

History

Authority: AS 14.43.125; AS 14.43.740; AS 14.43.750
Eff. 2/28/90, Register 113; am 12/13/93, Register 129; am 11/26/94, Register 132; am 11/27/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141; am 3/15/98, Register 145; am 12/31/2005, Register 176

Article 8 A.W. “Winn” Brindle Memorial Scholarship Loan Program

20 AAC 15.610 Purpose of A.W. "Winn" Brindle memorial education loan program

The A.W. "Winn" Brindle memorial education loan program provides low cost education loans to Alaskans enrolled as full-time students in undergraduate, graduate or career vocational-technical degree programs at accredited schools in fisheries, fishery science, fishery management, seafood processing, food technology, or other fields determined by the commission, on a case-by-case basis, to be related.

History

Authority: AS 14.43.300; AS 14.43.320
Eff. 3/31/90, Register 113

20 AAC 15.615 Applicant eligibility

Repealed.

History

Eff. 3/31/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.620 Applicant priority

(a) In selecting from among the eligible applicants those who will be awarded a memorial education loan, priority will be given to those who

(1) received a loan under this program during the previous academic year and are ranked by highest to lowest grade level; or

(2) are nominated by a private donor contributing to the memorial education loan account.

(b) Distribution of loan money among applicants who meet the criteria under (a) of this section will be based on a ranking by the commission of career goals, fisheries and seafood business references, and financial need.

History

Authority: AS 14.43.310; AS 14.43.320
Eff. 3/31/90, Register 113; am 3/22/97, Register 141

20 AAC 15.625 Application procedures

(a) An Alaska resident attending, or planning to attend, an eligible degree program at either an in-state or out-of-state postsecondary institution who wishes to apply for an A.W. "Winn" Brindle memorial education loan must complete and submit an application on a form obtained from the commission.

(b) The commission will

(1) review, for eligibility, all completed applications that were received by the application deadline; and

(2) issue education loan awards on the basis of ranking and availability of money.

(c) Each year, an education loan recipient requesting an education for that school year must file an application on a form obtained from the commission.

History

Authority: AS 14.43.305; AS 14.43.310; AS 14.43.320
Eff. 3/31/90, Register 113; am 3/22/97, Register 141; am 4/20/2000, Register 154

20 AAC 15.630 Conditions and limitations of loans

Repealed.

History

Eff. 3/31/90, Register 113; am 11/26/94, Register 132; am 7/1/96, Register 138; repealed 3/22/97, Register 141

20 AAC 15.635 Disbursement and handling of loan awards

Repealed.

History

Eff. 3/31/90, Register 113; am 11/26/94, Register 132; repealed 3/22/97, Register 141

20 AAC 15.640 Repayment of loans

Repealed.

History

Eff. 3/31/90, Register 113; am 11/26/94, Register 132; am 11/27/94, Register 132; am 12/4/96, Register 140; am 3/22/97, Register 141; repealed 3/15/98, Register 145

20 AAC 15.645 Deferment of payments

Repealed.

History

Eff. 3/31/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.650 Default

Repealed.

History

Eff. 3/31/90, Register 113; repealed 12/4/96, Register 140

20 AAC 15.655 Appeals to the executive director

Repealed.

History

Eff. 3/31/90, Register 113; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.660 Appeals to the commission

Repealed.

History

Eff. 3/31/90, Register 113; am 11/28/92, Register 124; repealed 6/23/95, Register 134

20 AAC 15.665 Complaint file

Repealed.

History

Eff. 3/31/90, Register 113; repealed 6/23/95, Register 134

20 AAC 15.670 Loan audit and institutional sanctions

Repealed.

History

Eff. 3/31/90, Register 113; repealed 3/22/97, Register 141

20 AAC 15.675 Forgiveness benefits

(a) To qualify for a forgiveness benefit under AS 14.43.305(j), the borrower must

(1) provide documentation that the borrower has satisfied the requirements of AS 14.43.305(j) and this section; and

(2) be current in repayment in compliance with AS 14.43.120 and 20 AAC 15 on the loan for which a forgiveness benefit is claimed.

(b) Forgiveness benefits are credited against the unpaid principal balance. Receipt of a forgiveness benefit does not alter the amount of the monthly payments due under the borrower's repayment schedule for the loan, but instead reduces the remaining number of monthly payments.

(c) For the purpose of AS 14.43.305(j), a borrower is employed full-time in the state during a calendar year if the borrower is

(1) employed full-time in a qualified fisheries related field in the state for the duration of the relevant season during that year; and

(2) physically present in the state, with the intent to remain permanently, for at least 180 days of that year.

(d) A borrower who fails to meet the requirements of (c)(2) of this section may request a waiver by the executive director. The executive director's decision constitutes final agency action. To receive a waiver, the borrower must

(1) demonstrate the borrower's continuing intent to return to and remain permanently in the state; and

(2) provide proof that the borrower's absence from the state was for a reason described in 20 AAC 15.060(j)(1) or (2).

History

Authority: AS 14.43.120; AS 14.43.305
Eff. 12/4/96, Register 140

20 AAC 15.690 Definition of hardship

Repealed.

History

Eff. 3/31/90, Register 113; am 12/13/93, Register 129; am 11/26/94, Register 132; am 11/27/94, Register 132; am 3/22/97, Register 141; repealed 3/15/98, Register 145

Article 9 Supplemental Education Loan Program

20 AAC 15.700 Purpose of the Alaska supplemental education loan program

The Alaska supplemental education loan program (ASELP) provides low-cost education loans to residents of this state attending eligible institutions, and to students attending eligible institutions in this state. This loan is available to an otherwise eligible borrower to pay allowable costs of attendance that

(1) exceed the costs allowed under a federal direct subsidized or unsubsidized loan;

(2) cannot be met through the federal direct subsidized or unsubsidized loan program; or

(3) can be met with lower cost through use of the supplemental loan.

History

Authority: AS 14.42.030; AS 14.43.170; AS 14.43.172
Eff. 7/1/2002, Register 162; am 11/16/2012, Register 204; am 4/6/2018, Register 226

20 AAC 15.705 Applicant eligibility

(a) A borrower of an Alaska supplemental education loan (ASEL) must meet the eligibility requirements of AS 14.43.172 and 14.43.173 and

(1) must be enrolled and admitted into an eligible program of study on at least a half-time basis;

(2) must maintain satisfactory academic progress as determined by the school's policy;

(3) may not be in default on any federal or state education loan;

(4) if the individual is eligible to participate in the AlaskAdvantage loan program based solely on the individual's status as a resident of this state, during periods of absence from this state under AS 14.43.162(c), must have, and must demonstrate behavior consistent with, a continuing intent to return to and remain permanently in this state; and

(5) be a United States citizen or permanent resident alien admitted to the United States as a lawful permanent resident according to 8 U.S.C. 1101 - 1537 (United States Immigration and Nationality Act).

(b) The commission staff may perform a credit history check on each loan applicant and endorser.

(c) To be considered eligible for the loan the applicant, or endorser if required under AS 14.43.172, must have a credit history that demonstrates good credit. For purposes of this paragraph, an applicant will be considered to have good credit if the applicant has a FICO score that is equal to or higher than the FICO score set by the corporation or meets other FICO score-related credit criteria set by the corporation, and an endorser will be considered to have a good credit if the endorser has a FICO score that is equal to or higher than the FICO score set by the corporation or meets other FICO score-related credit criteria set by the corporation.

(d) Repealed 5/7/2009.

(e) Repealed 2/22/2015.

(f) In an appeal of a denial of loan eligibility under AS 14.43.172(c)(5) or (6), the appellant may request that evidence of prior credit performance, in addition to that considered under this section, be considered to mitigate the findings of the review of the applicant's credit history. The appellant must be able to show that extraordinary circumstances beyond the applicant's control led to the adverse credit history and that the applicant made good faith efforts to pay the past debt, or that the credit history does not accurately reflect the appellant's ability or willingness to pay debts as they become due. If the appellant bases the appeal on the showing of extraordinary circumstances that led to the adverse credit history, the appellant has the burden to show that a good credit history existed before the extraordinary circumstances.

(g) For purposes of AS 14.43.172(e), an endorser's bankruptcy may be considered adverse credit.

(h) For the purposes of AS 14.43.172(c)(4), it is presumed that a person cannot repay a loan as it becomes due, and may only obtain a loan in compliance with AS 14.43.172(e), if the person

(1) is incarcerated at the time funds are disbursed or delivered; or

(2) is permanently disabled to an extent that the person will not be able to receive income in an amount that would allow repayment of the loan, and there is no reasonable medical possibility that the condition of permanent disability will improve before the loan enters repayment.

(i) In an appeal of a denial of loan eligibility under AS 14.43.172(b), the appellant may provide evidence that demonstrates that an absence from this state in excess of the period allowable under applicable state law was not inconsistent with an intent to return and indefinitely reside in this state.

History

Authority: AS 14.42.030; AS 14.43.172
Eff. 7/1/2002, Register 162; am 12/31/2005, Register 176; am 9/23/2006, Register 179; am 5/7/2009, Register 190; am 2/22/2015, Register 213; am 4/6/2018, Register 226

20 AAC 15.710 Institutional eligibility

To participate in the ASELP, an institution must apply for and be granted approval under 20 AAC 15.922.

History

Authority: AS 14.42.030; AS 14.43.173 AS 14.43.172; AS 14.48.050
Eff. 7/1/2002, Register 162

20 AAC 15.715 Application procedure requirements

(a) A student requesting an ASEL must complete and submit the FAFSA to the United States Department of Education in the manner set out in the FAFSA, if the student's institution of attendance requires the FAFSA.

(b) Repealed 11/16/2012.

(c) The commission staff shall process applications and distribute available loan proceeds based on the order in which the applications are received, except that in a year that financing is insufficient and not available to fully finance loan demand, priority will be given to residents of this state attending institutions in this state. Each year, a person requesting a loan for that school year must file a new or renewal application.

(d) If the student's school has not notified the student of the availability of the ASEL, has not provided the student with a loan application and promissory note for the student's signature, or has not collected any additional information required, the commission staff shall provide the applicable notification or items, and shall collect any additional information required.

(e) The student must complete a loan application and promissory note and submit them to the commission.

(f) If the school the student is attending requires its financial aid staff to certify the loan award before the award is made final, commission staff may not disburse loan money to the school until the award is certified.

(g) An applicant, and an endorser if required under AS 14.43.172, must sign a promissory note for the loan award, unless a previously completed master promissory note is in effect. The applicant's parent or legal guardian, who meets the eligibility requirements of AS 14.43.172(c), also must sign the promissory note if the applicant is under 17 years of age. An endorser's signature on a promissory note may be required to be notarized. Liability for the loan is limited to the amount of loan money disbursed on behalf of the student plus applicable interest, loan origination fees, and collection costs.

(h) An application is timely filed only if it is submitted on or before the applicable deadline for the academic period for which the loan is requested and contains all information required to make a determination of the applicant's eligibility and the amount of the loan award.

(i) Commission staff may require an applicant to furnish further information and documents to verify statements on the application.

History

Authority: AS 14.42.030; AS 14.43.171
Eff. 7/1/2002, Register 162; am 5/7/2009, Register 190; am 2/27/2010, Register 193; am 11/16/2012, Register 204; am 4/6/2018, Register 226

20 AAC 15.720 ASEL alternative application process

Repealed.

History

Eff. 7/1/2002, Register 162; am 6/7/2007, Register 182; repealed 11/16/2012, Register 204

20 AAC 15.725 Relationship of borrower and endorser

(a) For purposes of 20 AAC 15.700 - 20 AAC 15.795, and except as provided in (b) of this section, the term "borrower" does not include an endorser unless specifically indicated.

(b) For purposes of AS 14.43.145, the term "borrower" includes an endorser, if any.

History

Authority: AS 14.42.030; AS 14.43.168; AS 14.43.171
Eff. 7/1/2002, Register 162

20 AAC 15.730 Loan fees and accrual of interest

(a) If a loan or repayment obligation becomes delinquent or in default, the borrower or endorser, if any, shall pay the fees and costs described in 20 AAC 15.975.

(b) Repealed 12/31/2005.

(c) Interest on a loan accrues from the time the loan is disbursed. Unpaid accrued interest will be added to the principal balance of a loan

(1) when a loan enters repayment under AS 14.43.175;

(2) at the start of a period of deferment, if unpaid interest has accrued at the time the deferment is processed;

(3) at the expiration of a period of deferment;

(4) at the start of a period of forbearance, if unpaid interest has accrued on the loan at the time the forbearance is processed;

(5) at the expiration of a period of forbearance;

(6) when a loan is transferred to a collection agency due to the borrower's default; and

(7) any time that the borrower and the commission enter into an alternative repayment agreement.

(d) A borrower may elect to make interest payments during the in-school period, in accordance with the terms of the promissory note.

History

Authority: AS 14.42.030; AS 14.43.174; AS 14.43.175
Eff. 7/1/2002, Register 162; am 12/31/2005, Register 176

20 AAC 15.735 Conditions and limitations on loans

(a) A loan award will be based upon computation of allowable costs of attendance, and may not exceed a borrower's estimated cost of attendance less other forms of financial aid awarded to the borrower to pay for these costs for the period of enrollment for which the loan is intended. The authorized loan award for a student enrolled for less than a full academic year will be determined on a pro rata basis so that an otherwise eligible student attending

(1) one-third of the academic year is eligible for one-third of the annual loan maximum;

(2) one-half of the academic year is eligible for one-half of the annual loan maximum; or

(3) two-thirds of the academic year is eligible for two-thirds of the annual loan maximum.

(b) Repealed 2/22/2015.

(d) For the purposes of determining the total of loans awarded to a borrower under AS 14.43.173(b), loans made

(1) under AS 14.43.091 - 14.43.160 (Alaska Education Loan Program), AS 14.43.250 - 14.43.325 (Memorial Education Loans), and AS 14.43.600 - 14.43.700 (Teacher Education Loan Program) will be included; and

(2) for the borrower to attend career education programs are subject to the aggregate maximum borrowing limit for undergraduate enrollment.

(e) Repealed 2/22/2015.

(f) An ASEL will not be awarded for

(1) an elementary or secondary educational program;

(2) an educational program that is avocational or recreational in nature; or

(3) a program of study offered outside the state in which the institution is located, unless the program's location is based upon, and serves, a bona fide educational purpose.

(g) An ASEL will not be awarded for flight instruction

(1) leading to certification as a private pilot;

(2) unless the student has received a private pilot's certificate at the time of application for the loan;

(3) for type rating or other proficiencies, unless the student has received a commercial license at the time of application for the loan;

(4) for more than the total of the annual loan maximum under AS 14.43.173(a)(3) for any single certification or flight rating; or

(5) that is offered through a flight-training course other than one certified under 14 C.F.R. Part 141 or Part 142.

(h) Only one loan will be awarded to a student to attend a non-flight career education program that is 12 months or less in duration and that awards a single certificate or degree.

(i) Within 30 days after the change, a borrower or endorser, if any, shall report in writing to the commission any change that affects the conditions of a loan or the loan's repayment schedule, including any change of the borrower's or endorser's name or address, the borrower's state residency status, or the student's change of institution, change in dates of attendance, change in attendance to less than at least half-time status, change in enrollment status, or withdrawal or dismissal from the course of study for which the loan was awarded.

(j) If the student changes institutions after the loan was disbursed, the borrower shall submit a revised application form.

(k) During the period that a student fails to meet any of the eligibility requirements applicable to the ASEL, the student is not eligible to receive a loan disbursement.

(l) A student may be enrolled in more than one institution, but must be admitted into a degree or certificate program at one of the institutions of enrollment. The total of the student's degree-applicable credits must be equivalent to at least half-time student enrollment. The degree-granting institution must be able to certify that the student is enrolled on at least a halftime basis and that the number of degree-applicable credits for which the borrower is enrolled is equivalent to at least half-time enrollment.

(m) In order to receive a new loan, an otherwise eligible applicant must be current in repayment on any prior loans received from the commission at the time of filing the application.

(n) A student enrolled in a flight school program must log a minimum of 17 hours per month, or 51 hours for a three-month period. The required number of logged hours will be reduced if the student provides documentation that adverse weather conditions prevented logging the required number of hours.

(o) For purposes of this section, allowable costs of attendance are

(1) tuition and required fees;

(2) required books, supplies, and equipment;

(3) transportation;

(4) room and board; and

(5) an allowance for personal expenses as provided in the institution's budget.

(p) Borrowing under the Alaska supplemental education loan program is subject to annual and aggregate limits under AS 14.43.173(a) and (b).

(q) A borrower who receives a loan under the Alaska supplemental education loan program and has borrowed up to the aggregate limit established by the corporation under AS 14.43.173(b) may receive an additional ASEL if the current principal balance owed by the borrower, including the new loan amount, does not exceed the aggregate limit.

History

Authority: AS 14.42.030; AS 14.43.171; AS 14.43.173 AS 14.43.164; AS 14.43.172; AS 14.43.175
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 11/16/2012, Register 204; am 2/22/2015, Register 213; am 8/16/2024, Register 251

20 AAC 15.740 Loan certification, disbursement, and refund

(a) Administration, certification, and refund of ASEL loans, and disbursement of ASEL loan money will be conducted in accordance with the applicable provisions of 20 AAC 15.950 and 20 AAC 15.955.

(b) Repealed 12/29/2010.

(d) The institution is responsible for ensuring that appropriate controls are established to prevent disbursement of loan proceeds to an individual other than the named student.

History

Authority: AS 14.42.030; AS 14.43.172; AS 14.43.173
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165; am 2/20/2005, Register 173; am 12/31/2005, Register 176; am 6/7/2007, Register 182; am 12/29/2010, Register 196

20 AAC 15.745 Loan servicing and repayment

(a) Repealed 12/29/2010.

(b) A borrower's repayment schedule under AS 14.43.175 shall require a first payment due within 45 days after the first day of the repayment period.

(c) The commission may establish a forbearance, a deferment, or an alternative repayment schedule with a borrower or endorser to assist a borrower or endorser in repaying the loan.

(d) The regular repayment period is ten years in duration with a repayment schedule that provides for equal or graduated payments.

(e) The commission may establish a repayment schedule that provides for the payment amounts to change as a result of the annual change in variable interest rate. If the effect of the interest rate change on the repayment schedule would result in a loan not being repaid in the maximum repayment term, the commission may provide the borrower with a forbearance extending the repayment period.

(f) A borrower's obligation to commence repayment under AS 14.43.175 is also the obligation of any endorser, and

(1) begins when the borrower's obligation begins;

(2) is deferred while the borrower's obligation is deferred;

(3) continues even if the borrower's obligation to repay the loan is discharged or canceled before the loan is paid in full, and even if the discharge or cancellation occurs due to the death or disability of the borrower; and

(4) continues even if the borrower's obligation to repay the loan is determined to have been discharged in bankruptcy unless the endorser's obligation to repay the loan has also been determined to have been discharged in the endorser's bankruptcy.

(g) The commission will credit the entire payment amount first to accrued late charges or collection costs and then to any outstanding interest and then to outstanding principal.

(h) A minimum monthly payment amount must be at least $50, unless otherwise agreed to by the borrower or endorser and the commission.

History

Authority: AS 14.42.030; AS 14.43.171; AS 14.43.175
Eff. 7/1/2002, Register 162; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 2/22/2015, Register 213; am 8/16/2024, Register 251

20 AAC 15.750 Loan deferment

(a) Except where otherwise specified in AS 14.43.170 - 14.43.175 and 20 AAC 15.700 - 20 AAC 15.795, a borrower may defer payments after the beginning of the repayment period in accordance with the conditions set out in 20 AAC 15.965.

(b) Repealed 12/31/2005.

(d) A deferment that is subject to a maximum term limit will be considered to have been exhausted when used for the maximum period of time for one or more loans awarded to a borrower.

(e) A borrower who has received a deferment shall immediately notify the commission when the condition under which the deferment was granted no longer exists.

(f) An endorser may not obtain a deferment.

History

Authority: AS 14.42.030; AS 14.43.171; AS 14.43.175
Eff. 7/1/2002, Register 162; am 12/31/2005, Register 176

20 AAC 15.755 Loan forbearance

(a) A request for forbearance of an ASEL will be considered under 20 AAC 15.966.

(b) Repealed 12/31/2005.

(d) Repealed 12/29/2010.

(e) Repealed 12/29/2010.

(f) Repealed 12/29/2010.

History

Authority: AS 14.42.030; AS 14.43.171; AS 14.43.175
Eff. 7/1/2002, Register 162; am 12/31/2005, Register 176; am 12/29/2010, Register 196

20 AAC 15.760 Medical cancellations

A request for medical cancellation of an ASEL will be considered under 20 AAC 15.920.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162

20 AAC 15.765 Delinquency and default

Delinquency and default of an ASEL will be determined under 20 AAC 15.970.

History

Authority: AS 14.42.030; AS 14.42.171
Eff. 7/1/2002, Register 162

20 AAC 15.770 Complaints and appeals

Complaints and appeals regarding administration of the ASELP will be considered under 20 AAC 15.915.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162; am 1/30/2003, Register 165

20 AAC 15.775 Loan audit and institutional sanctions

An institution that participates in the ASELP is subject to periodic audits for purposes of determining verification of student loan eligibility, management of student loan documents, compliance with the program participation agreement, if any, and compliance with state statutes and regulations. Those audits will be performed under 20 AAC 15.924.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162

20 AAC 15.780 Default rates of students who attended an institution

The commission staff shall calculate an institutional rate of default under AS 14.43.120(d)(4) and 20 AAC 15.925.

History

Authority: AS 14.42.030; AS 14.43.171
Eff. 7/1/2002, Register 162

20 AAC 15.785 Default rate reduction requirements for institutions

(a) Except for an institution that is authorized to participate in federal student aid programs under 20 U.S.C. 1070 - 1099d (Title IV of the Higher Education Act of 1965), an institution with a default rate calculated under 20 AAC 15.925 in excess of 20 percent shall develop and submit a default reduction plan acceptable to the commission not later than 45 days after the date of the default rate determination.

(b) An institution that fails to comply with (a) of this section is ineligible to receive proceeds of new student loans until the required default reduction plan is submitted and determined by the commission to be reasonably expected to effect the necessary default reduction.

History

Authority: AS 14.42.030; AS 14.43.171
Eff. 7/1/2002, Register 162; am 4/6/2018, Register 226

20 AAC 15.790 Involuntary collection on the supplemental education loan

In accordance with AS 14.43.145 - 14.43.155, the commission may administratively collect on a defaulted ASEL. The commission will perform those collection activities in accordance with applicable state laws and with 20 AAC 15.970 and 20 AAC 15.972.

History

Authority: AS 14.42.030; AS 14.43.171
Eff. 7/1/2002, Register 162; am 6/7/2007, Register 182

20 AAC 15.795 Definitions

In 20 AAC 15.700 - 20 AAC 15.795, unless the context requires otherwise,

(1) "ASEL" means a loan awarded under AS 14.43.170 - 14.43.175 (Alaska Supplemental Education Loan Program);

(2) "ASELP" means the Alaska supplemental education loan program under AS 14.43.170 - 14.43.175;

(3) "eligible program" means a program of study

(A) at an institution meeting the requirements of 20 AAC 15.922; and

(B) that is designed to culminate in an award of a degree or vocational certificate;

(4) repealed 2/22/2015;

(5) repealed 2/27/2010;

(6) "undergraduate student" means a student who is enrolled at a school in a course of study, at or below baccalaureate level, up to five academic years in length, that leads to a degree certificate.

History

Authority: AS 14.42.030
Eff. 7/1/2002, Register 162; am 2/27/2010, Register 193; am 2/22/2015, Register 213

Eff. 11/4/94, Register 132; am 11/5/2000, Register 156; am 12/26/2014, Register 212; repealed 7/31/2016, Register 219

Article 11 General Provisions

20 AAC 15.910 Applicability of general provisions

(a) Unless otherwise stated, the provisions of 20 AAC 15.915 - 20 AAC 15.990 apply generally to the

(1) education loan program under AS 14.43.091 - 14.43.160;

(2) consolidation loan program under AS 14.43.122;

(3) memorial education loan program under AS 14.43.250 - 14.43.325;

(4) teacher education loan program under AS 14.43.600 - 14.43.700;

(5) family education loan program under AS 14.43.710 - 14.43.750; and

(6) supplemental education loan program under AS 14.43.170 - 14.43.175.

(b) Repealed 3/1/2002.

(c) The provisions of 20 AAC 15.915, 20 AAC 15.960(b), (c), and (d), 20 AAC 15.970(c), (e), and (h) - (i), (k), and 20 AAC 15.990 apply to the Washington, Wyoming, Alaska, Montana, Idaho (WWAMI) medical education program under AS 14.43.510.

(d) Unless otherwise stated, the provisions of 20 AAC 15.915, 20 AAC 15.920, 20 AAC 15.940(e)(2) and (g), 20 AAC 15.945(j), and 20 AAC 15.960(d) apply to the Western Interstate Commission on Higher Education (WICHE) professional student exchange loan program under AS 14.44.025 - 14.44.040.

(e) Unless otherwise stated, the provisions of 20 AAC 15.915 apply to the Alaska Education Grant Program under AS 14.43.400 - 14.43.420.

History

Authority: AS 14.42.030; AS 14.43.320; AS 14.43.710 AS 14.43.105; AS 14.43.405; AS 14.43.740 AS 14.43.122; AS 14.43.510; AS 14.44.035 AS 14.43.170; AS 14.43.630
Eff. 6/23/95, Register 134; am 12/4/96, Register 140; am 3/15/98, Register 145; am 3/1/2002, Register 161; am 1/30/2003, Register 165; am 3/19/2003, Register 166; am 12/28/2008, Register 188; am 12/29/2010, Register 196; am 12/26/2014, Register 212; am 2/22/2015, Register 213; am 4/6/2018, Register 226; am 8/16/2024, Register 251

20 AAC 15.915 Complaints and appeals

(a) Except as provided in AS 44.64.030, a complaint or an appeal of a decision of or the program administration by the commission staff is governed by this section.

(b) The commission staff must answer a written complaint regarding a decision of or the program administration by the commission staff within 30 days after the commission's receipt. The commission staff shall keep a copy of the complaint and response in a complaint file. At each quarterly commission meeting, the commission staff shall provide the commission with a synopsis of the written complaints received during the preceding quarter and the action taken on the complaints.

(c) A response under (b) of this section may be appealed in writing to the executive director of the commission. The appeal must be postmarked within 40 days after the date of the response, must clearly state all objections to that response, and must set out any justification for the requested result. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the requested result under the statutes and regulations governing the Alaska education loan programs. The executive director shall make a written decision on the appeal, including findings of fact and conclusions of law, as soon as possible after the receipt of the appeal. The executive director may contact the appellant to clarify the appeal or obtain additional information. Except as provided in (d) of this section, the decision of the executive director constitutes final agency action.

(d) Within 30 days after the mailing or distribution of the executive director's decision, the appellant may appeal to the commission a decision that denies loan eligibility under an Alaska education loan program. The appeal must clearly state all objections to that decision, and must set out any justification for the requested result. The appeal will be determined by the commission at its next quarterly meeting. The commission will review the materials reviewed by the executive director, the executive director's decision, the appeal, and any response by the executive director. The commission may allow the appellant and the commission's staff to make brief presentations at its meeting. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the loan under the statutes and regulations governing the Alaska education loan programs. The executive director shall notify the appellant of the commission's decision, including findings of fact and conclusions of law. That notification constitutes final agency action.

(e) A request for a hearing on the commission's authority to seize a defaulted borrower's permanent fund dividend shall be accompanied by a $25 fee to cover costs of retrieval and duplication of the borrower's file, mailing of duplicated documents, and research of the borrower's payment history. This fee shall be waived if a borrower documents that the borrower's total income from all sources falls below the federal poverty guidelines for the borrower's family size. To request a waiver of fee under this subsection, the borrower must submit a request on a form or in a format provided by the commission and include with the request a copy of the borrower's federal income tax return for the past year. The commission will refund a fee paid under this subsection not later than 30 days after receipt of a decision by a court or administrative agency that the seizure was not allowed under AS 14.43.145(a)(2). In this subsection, "federal poverty guidelines" means the United States Department of Health and Human Services poverty guidelines for this state established in 80 Fed. Reg. 3236 - 3237, revised as of January 22, 2015, and adopted by reference.

History

Authority: AS 14.43.100; AS 14.43.320; AS 14.43.640 AS 14.43.105; AS 14.43.630; AS 14.43.740
Eff. 6/23/95, Register 134; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 6/7/2007, Register 182; am 10/18/2007, Register 184; am 7/12/2008, Register 187; am 8/19/2009, Register 191; am 5/26/2011, Register 198; am 11/16/2012, Register 204; am 2/21/2014, Register 209; am 2/22/2015, Register 213; am 1/17/2016, Register 217; am 8/16/2024, Register 251

20 AAC 15.920 Medical cancellations

(a) Notwithstanding 20 AAC 15.915, an application to cancel a promissory note under a term of the promissory note permitting cancellation for medical disability is governed by this section.

(b) A borrower seeking cancellation of a loan due to medical disability may not obtain cancellation of the borrower's obligation if the borrower has sufficient income or financial resources to repay the loan. A request for consideration of cancellation must be submitted on a form provided by the commission. A physician who practices within the medical field covering the disability, who has examined the borrower within the prior 12 months, and who is licensed to practice medicine in the state where the examination took place, must certify that after the date the borrower last obtained an Alaska education loan that the borrower

(1) became permanently disabled to the extent required under the particular promissory note to obtain cancellation of the note; and

(2) as a result of the disability became unable for an indefinite period of time to be gainfully employed or attend school full-time.

(c) If the borrower had a pre-existing condition at the time that the borrower obtained an Alaska education loan, the physician must additionally certify that the condition has substantially deteriorated since the time that the borrower obtained the loan.

(d) The commission staff may request further documentation to support medical cancellation of a promissory note, including financial information from the borrower in order to make a determination of the borrower's financial capacity to repay the loan. The executive director shall make a determination in writing whether to grant a request for medical cancellation.

(e) Within 30 days after mailing or distribution of the executive director's decision, the borrower may appeal a decision denying medical cancellation to a hearing officer designated by the commission if that decision is specific to a loan with a contractual provision for medical cancellation. At the hearing conducted by the hearing officer, the borrower has the burden to prove by a preponderance of the evidence, including disclosure of the borrower's financial condition and testimony by a qualified physician, that the borrower is disabled to the extent allowing cancellation of the promissory note under the terms of the promissory note, and is unable to repay the loan obligation without undue financial hardship based on the borrower's income, assets, and living expenses. If the borrower produces documentation to a hearing officer not already part of the record upon which the executive director's determination was based, the matter will be remanded to the executive director for review and reconsideration. If the borrower submits new evidence, the executive director shall make a determination in writing whether to grant a medical cancellation. The borrower may appeal the decision on remand within 30 days after the decision is mailed in accordance with this section. The hearing officer shall make a determination in writing, including findings of fact and conclusions of law. The commission will review the materials reviewed by the hearing officer, the hearing officer's decision, and the record on appeal and will accept, reject, or revise the hearing officer's decision. The commission's decision constitutes the final agency action.

(f) Except if the Office of Administrative Hearings provides hearing officer services under AS 44.64.030(b), and subject to the approval of the Department of Law, the executive director shall contract with a qualified, unbiased, and impartial hearing officer admitted to practice law in Alaska for at least two years and with experience in medical issues to conduct a hearing under this section.

(g) If the executive director determines, through analysis of the borrower's income, assets, and financial condition that, notwithstanding the medical disability, the loan obligation could be repaid without undue hardship to the borrower, the executive director may deny the request for cancellation on that basis.

(h) A borrower and cosigner's obligation to repay a loan is cancelled upon documentation of the borrower's death or total and permanent disability resulting from the borrower's performance of active duty in protection of the public as a member of the United States armed forces, a public safety officer, firefighter, paramedic, emergency medical technician (EMT), or other public first responder. In the case of an obligation to repay a family education loan, the obligation is cancelled upon documentation of the death or total and permanent disability of the student, on whose behalf the debt was incurred, resulting from the student's performance of active duty in protection of the public as described in this subsection.

History

Authority: AS 14.42.030; AS 14.43.320 AS 14.43.105; AS 14.43.630
Eff. 6/23/95, Register 134; am 3/1/2002, Register 161; am 2/20/2005, Register 173; am 12/31/2005, Register 176; am 3/23/2006, Register 177; am 10/18/2007, Register 184

20 AAC 15.922 Institutional eligibility to participate in Alaska education loan programs

(a) To participate in Alaska education loan programs, an institution must apply for and be granted approval under this section.

(b) To be eligible to participate in Alaska education loan programs, an institution must meet the requirements of AS 14.43 and this section and be

(1) authorized under AS 14.48 and eligible under AS 14.43.120(b);

(2) approved as eligible to participate in Alaska education loan programs for the 1995-96 school year;

(3) repealed 1/30/2003;

(4) approved by the United States Department of Education, office of financial assistance, for receipt of federal student financial aid; or

(5) certified as a flight school under 14 C.F.R. Part 141 or Part 142.

(c) An institution shall provide the commission with the documentation and information necessary to determine the institution's eligibility to participate in Alaska education loan programs. Commission staff may require the institution's administrative and financial aid representatives to attend training regarding Alaska education loan programs at the onset of participation and when a change occurs in the following:

(1) institutional ownership;

(2) financial aid staff;

(3) institutional compliance or eligibility status as determined in a commission staff compliance review.

(d) Before being approved by the commission to participate in Alaska education loan programs, an institution must enter into a program participation agreement that includes the subject of compliance with state statutes and regulations; change in ownership, name, address, location, program, or accreditation; managing education loan documents; default management; refunds to the commission; borrower information sharing; staff training; financial capability and reporting; administrative capability; standards for admission; performance reviews; minimum satisfactory progress requirements; career and completion information to consumers; program assessment; compliance review; and consequences of violating the agreement. However, unless the institution is on probation, or the commission staff finds evidence of any of the conditions listed in (g) of this section, the commission may waive the requirements of this subsection if the institution has a default rate of less than 10 percent, as calculated under 20 AAC 15.925.

(e) Before each loan disbursement, an institution shall verify the eligibility for each student who is currently enrolled.

(f) As the executive director considers necessary to ascertain compliance with the Alaska education loan programs' statutes and regulations and the institution's program participation agreement, an institution may be required to reapply biennially for approval for continuing participation in Alaska education loan programs, and the executive director may require an audit as described in 20 AAC 15.924. The executive director may require institutional representatives of the institution to complete program administration training as part of the institution's reapplication process.

(g) The commission may investigate, require an independent audit, or preclude an institution's participation in the Alaska education loan program, if probable cause exists based on evidence showing the institution's

(1) loss of authorization to operate as a postsecondary institution;

(2) loss of accreditation or licensing;

(3) high volume of student complaints;

(4) failure to meet the requirements of the institution's program participation agreement;

(5) failure to comply with any statute or regulation governing the Alaska education loan programs;

(6) lack of financial soundness;

(7) fraudulent activity, including the school, its owner, agent, employee, or other person affiliated with the school making payment to prevent the default of an education loan;

(8) misrepresentation of services and programs offered by the institution;

(9) lack of administrative capability; or

(10) circumstances similar to those described in (1) - (9) of this subsection and that give rise to concerns about the integrity of the institution.

(h) For the purpose of AS 14.43.120(b), "operating on a sound fiscal basis" means operating as an educational institution and enrolling and teaching students for at least two years on a sound fiscal basis as determined by the commission after review of an institution's audited financial statements and other documents pertinent to the institution's fiscal health as required by and submitted to the commission.

(i) Repealed 3/1/2002.

(j) An institution participating in a federal loan program under 20 U.S.C. 1001-1155 (Higher Education Act of 1965) is exempt from the requirements of (d) and (h) of this section, if the institution maintains eligibility to participate in that program.

(k) Institutions participating in electronic funds transfer (EFT) programs must enter into an electronic funds transfer agreement with the commission, including mandatory participation in a method of electronic funds transfer approved by the commission.

History

Authority: AS 14.42.030; AS 14.43.160; AS 14.43.740 AS 14.43.105; AS 14.43.320; AS 14.48.050 AS 14.43.120; AS 14.43.630
Eff. 12/4/96, Register 140; am 3/22/97, Register 141; am 3/23/98, Register 146; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 1/30/2003, Register 165; am 4/6/2018, Register 226

20 AAC 15.924 Loan audit and institutional sanctions

(a) An institution that participates in an Alaska education loan program under 20 AAC 15.922 is subject to periodic audits for purposes of determining verification of education loan eligibility, management of education loan documents, compliance with the program participation agreement, and compliance with Alaska statutes and regulations.

(b) The audit report must state the error rate based upon the number of education loan disbursements that were not handled in compliance with this chapter, AS 14.43, 20 AAC 17 when applicable, or the program participation agreement, divided by the total number of loan disbursements in the sample.

(c) An institution that receives an audit error rate greater than 10 percent is on probation for a period of up to 24 months, unless the commission determines to reduce or extend that period.

(d) During a period of probation under (c) or (f) of this section, commission staff shall conduct at least one additional audit, and more if it determines them necessary.

(e) If the final additional audit under (d) of this section shows that the institution has failed to reduce its error rate below the level described in (c) of this section, the institution is not eligible to participate in Alaska education loan programs for a 12-month period. The institution may make written application to the commission for waiver or reduction of the period of ineligibility. If the institution submitting the application has either reduced its error rate from the rate determined in the initial probationary audit or is within five percentage points of the eligibility threshold described in (c) of this section, and documents the institution's compliance with a plan under this chapter to remedy the problems identified in the report, the commission shall waive the period of ineligibility and the institution will continue to be in a probationary status for a maximum of 24 months.

(f) Following a period of ineligibility set or redetermined after a waiver under (e) of this section, an institution approved to participate in Alaska education loan programs is on probation for up to a 24-month period.

(g) An institution determined to be ineligible under (e) of this section or under 20 AAC 15.927(b) may appeal the determination or the denial of the institution's application for waiver or ineligibility in writing to the commission within 30 days after the date of the letter advising of the determination. The institution must clearly state all objections to that determination and provide any material it wishes the commission to review. Upon receipt of the appeal, the commission will schedule a time and place of the meeting at which the commission will consider the appeal. The commission will review the material submitted by the institution and any response by commission staff. The commission will, in its discretion, allow the institution and commission staff to make brief presentations at its meeting. The institution has the burden of proving, by a preponderance of the evidence, that the institution should be allowed to participate in Alaska education loan programs under the statutes and regulations governing the programs. The commission's decision constitutes final agency action.

(h) An institution found during the compliance audit to have disbursed loan proceeds for which a student was not eligible shall return the loan proceeds to the commission within 60 days of the finding if

(1) the institution has previously received a written warning from commission staff of disbursement to an ineligible student and a subsequent violation of the same statute or regulation is identified;

(2) the ineligible student to whom the institution disbursed loan proceeds did not become eligible during the academic or vocational program period for which the loan proceeds were awarded; and

(3) that amount remains outstanding on the student's loan account.

(i) Findings of disbursement of loan proceeds for which a student was not eligible, and which the institution has returned to the commission within the time frame allowed under (h) of this section, do not impact the institutional error rate calculated under 20 AAC 15.924(b). However, the institution may be required to operate in probationary status in order to continue program participation. If the commission finds fraud has been committed by the institution, the institution is responsible for returning all inappropriately disbursed loan proceeds to the commission and the institutional error rate calculated under 20 AAC 15.924(b) will not be adjusted under this subsection.

(j) If a borrower disputes having received loan proceeds disbursed to the school via an ACH transaction, the school shall provide evidence that the loan proceeds were delivered to the borrower. If the school cannot provide that evidence, the school shall reimburse the commission for the full amount of the loan principal and any accrued interest.

(k) the commission staff may conduct an informal compliance review at the request of a participating institution or at the request of the executive director. An institution that undergoes informal review is not subject to (b) - (g) of this section as a result of the informal review. Nothing in this subsection relieves an institution from an audit under this section after an informal review or from sanctions resulting from that audit.

History

Authority: AS 14.42.030; AS 14.43.320; AS 14.43.740 AS 14.43.105; AS 14.43.630 AS 14.43.120; AS 14.43.730
Eff. 3/22/97, Register 141; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 11/16/2012, Register 204

20 AAC 15.925 Default rates of students who attended an institution

(a) The commission staff shall calculate an institutional rate of default under AS 14.43.120(d)(4) as follows:

(1) the denominator in the calculation is the total principal balance of those loans that began repayment during a specified calendar year and that remained in repayment status for 12 months;

(2) the numerator in the calculation is the total principal balance of those loans, described in (1) of this subsection, that are in default at the end of 12 months in repayment status;

(3) for any cohort year in which the total amount of the education loans made to students to attend an institution is $100,000 or less, the default rate shall be calculated as an average of the rates for that year plus the two previous years.

(b) A loan is considered to remain in default if the school or its owner, agent, employee, or other person affiliated with the school makes a payment to prevent default of the loan.

(c) Loans awarded under the family education loan program or under the memorial education loan programs are not included in the calculation under (a) of this section.

History

Authority: AS 14.42.030; AS 14.43.120; AS 14.43.630 AS 14.43.105; AS 14.43.320
Eff. 11/30/95, Register 136; am 12/4/96, Register 140; am 3/23/98, Register 146; am 4/20/2000, Register 154; am 3/1/2002, Register 161

20 AAC 15.927 Default rate reduction requirements

(a) An institution with a default rate calculated under 20 AAC 15.925 in excess of 20 percent must develop and submit a default reduction plan, acceptable to the commission, within 45 days after the date of the default rate determination.

(b) An institution that fails to comply with (a) of this section is ineligible to receive proceeds of new education loans until the required default reduction plan is submitted and determined by the commission to be reasonably expected to effect the necessary default reduction.

History

Authority: AS 14.43.105; AS 14.43.320; AS 14.43.730 AS 14.43.120; AS 14.43.630; AS 14.43.740
Eff. 4/20/2000, Register 154

20 AAC 15.930 Applications

(a) The executive director of the commission shall appoint staff to review applications for loans. Commission staff shall determine an applicant's eligibility under the statutes and regulations applicable to the program, whether all requirements for a loan have been met, and the amount of the loan award.

(b) A borrower, and a cosigner if required under AS 14.43.125(d), must sign a promissory note for the loan award. The borrower's parent or legal guardian, who meets the eligibility requirements of AS 14.43.125(a)(2) and (4) - (8), also must sign the promissory note if the borrower is under 16 years of age. Unless a cosigner's signature is authenticated through an electronic application and signature process approved by the commission, the commission may require the cosigner's signature to be notarized before submission. Liability for the loan is limited to the amount of loan money disbursed on behalf of the student and applicable interest, loan origination fees, and collection costs.

(c) An application is timely filed only if it is received on or before the applicable deadline and contains all information required to make a determination of the applicant's eligibility and the amount of the loan award.

(d) An incomplete application may be returned to the applicant with a request for further information. No further action may be taken on an incomplete application until it is resubmitted.

(e) Commission staff may require an applicant to furnish further information and documents to verify statements on the application.

(f) Except for good cause shown, as determined by the commission, an application will not be accepted for a loan on behalf of a student who has completed the school year or the scheduled vocational program period for which the loan is requested.

(g) An applicant shall notify commission staff immediately of a change of institution to be attended, dates of attendance, program of study, or a change in attendance from full-time or half-time status from that stated on the original application.

History

Authority: AS 14.42.030; AS 14.43.125; AS 14.43.630 AS 14.43.100; AS 14.43.140 AS 14.43.105; AS 14.43.320
Eff. 3/22/97, Register 141; am 3/15/98, Register 145; am 4/20/2000, Register 154; am 2/27/2010, Register 193; am 11/16/2012, Register 204; am 8/16/2024, Register 251

20 AAC 15.935 Computation of authorized loan awards

(a) A loan award is based upon allowable expenses as computed by the enrolling institution and approved by the commission. The loan award for a student enrolled for less than a full school year is prorated based upon the actual period of attendance.

(b) The minimum authorized loan award for an applicant is $500 for a school year.

(d) For students enrolled less than full-time, allowable costs of attendance are

(1) tuition and required fees; and

(2) required books, supplies, and equipment.

(e) Repealed 2/13/2026.

History

Authority: AS 14.43.105; AS 14.43.173; AS 14.43.640 AS 14.43.110; AS 14.43.320; AS 14.43.740 AS 14.43.120; AS 14.43.630
Eff. 3/22/97, Register 141; am 4/20/2000, Register 154; am 2/22/2015, Register 213; am 2/13/2026, Register 257

20 AAC 15.940 Limitations on awarding loans

(a) A loan may not be awarded for

(1) an educational program that is avocational or recreational in nature;

(2) flight instruction leading to certification as a private pilot;

(3) a flight school program, unless the student holds a private pilot's certificate at the time of application for the loan;

(4) flight instruction for type ratings or other proficiencies, unless the student holds a commercial license at the time of application for the loan; or

(5) a program of study offered outside the state in which the institution is located, unless the program's location is based upon, and serves, a bona fide educational purpose.

(b) For attendance at a flight school program, only one loan will be awarded to a student for each certification or flight rating.

(c) Only one loan will be awarded to a student to attend a non-flight career education program that is 12 months or less in duration and that awards a single certificate or degree.

(d) Once a borrower has established residency under AS 14.43.125(a), the borrower does not lose residency status because of absence from the state for reasons not allowed under that subsection for a period of no more than 12 consecutive months if the borrower has a continuing intent to return to and remain permanently in the state.

(e) For the purposes of AS 14.43.125(a)(6), it is presumed that a person cannot repay a loan as it becomes due, and may only obtain a loan in compliance with AS 14.43.125(d), if the person

(1) is incarcerated full-time in a correctional facility, as that term is defined in AS 33.30.901, and the person's scheduled release date is more than six months after the scheduled completion date of the career education or degree for which the loan is requested; or

(f) For the purposes of AS 14.43.125(a)(7), AS 14.43.172(c)(5), or 14.43.750(a)(1)(B), a person has defaulted on a loan if any of the following has occurred:

(1) foreclosure upon or repossession of collateral for a loan or installment contract;

(2) execution procedures initiated on an unpaid loan or installment contract;

(3) entry of judgment accelerating the amount due under a loan or installment contract;

(4) the discharge by a creditor of a debt or installment contract due to nonpayment on a balance greater than $250.

(g) If an applicant's credit history, learned through a credit check or otherwise, shows any of the following within the preceding two years, the applicant for a loan may obtain the loan only in compliance with AS 14.43.125(d):

(1) eviction from rental or leased housing based on non-payment;

(2) two or more credit accounts for which payments are currently three months or more past due;

(3) checks returned for insufficient funds on three or more occasions;

(4) lien for delinquent taxes that are not satisfied within 24-months, unless disputed and dispute pending;

(5) two or more references of an account to a credit collection agency; or

(6) an unsatisfactory credit score based on the industry standard set by the credit agency performing the review.

(h) The commission staff will perform a credit history check on a loan applicant who

(1) is 21 years of age or older;

(2) is under 21 years of age if the commission staff has cause to believe that adverse credit actions will appear on the applicant's credit history;

(3) is under 21 years of age if the person has one or more dependent children; or

(4) has attained independent financial status by reaching the age of majority upon marriage under AS 25.20.020 or being emancipated under AS 09.55.590.

(i) In an appeal under 20 AAC 15.915 of a denial of loan eligibility under AS 14.43.125(a)(7) or (8), the appellant may request that evidence of prior credit performance, in addition to that considered under (f) and (g) of this section be considered to mitigate the findings of the review of the applicant's credit history. The appellant must be able to show that extraordinary circumstances beyond the applicant's control led to the adverse credit history and that the applicant made good faith efforts to pay the past debt, or that the credit history does not accurately reflect the appellant's ability or willingness to pay debts as they become due. If the appellant bases the appeal on the showing of extraordinary circumstances that led to the adverse credit history, the appellant has the burden to show that a good credit history existed before the extraordinary occurrence.

(j) For purposes of AS 14.43.125(d), a cosigner is presumed to demonstrate an ability or willingness to pay an extension of credit or loan as it becomes due if, at the time of the application for a loan, the cosigner has a FICO score that is equal to or higher than the FICO score set by the corporation or meets other FICO score-related credit criteria set by the corporation.

History

Authority: AS 14.42.030; AS 14.43.172; AS 14.43.630 AS 14.43.105; AS 14.43.300; AS 14.43.640 AS 14.43.120; AS 14.43.305; AS 14.43.740 AS 14.43.125; AS 14.43.320; AS 14.43.750
Eff. 3/22/97, Register 141; am 3/15/98, Register 145; am 9/23/99, Register 151; am 4/20/2000, Register 154; am 2/27/2010, Register 193; am 2/22/2015, Register 213; am 4/6/2018, Register 226

20 AAC 15.945 Conditions and limitations of loans

(a) Within 30 days after the change, a borrower or cosigner, if any, shall report in writing to the commission any change that affects the conditions of a loan or its repayment schedule, including any change of the borrower's or cosigner's name or address, the borrower's state residency status, or the student's change of institution, change in dates of attendance, change in attendance from full-time or half-time status, change in enrollment status, or withdrawal or dismissal from the course of study for which the loan was awarded. If the student changes institutions after the loan was disbursed, the borrower shall submit a revised application form.

(b) To be a student in good standing for the purposes of AS 14.43.120(c), the student must be admitted into a degree or certificate program and attending as a full-time or half-time student as those terms are defined in 20 AAC 15.990(a) and meet the satisfactory academic progress requirements of the degree or certificate-granting institution that the student is attending. During the period that a student fails to meet the requirements of this subsection, the student is not eligible to receive a loan disbursement.

(c) If an institution has not established minimum requirements for satisfactory academic progress under (b) of this section, the minimum academic requirements to remain eligible for disbursements of an Alaska education loan are

(1) an undergraduate student must have successfully completed 24 semester credits or 36 quarter credits per academic year if full-time, and 12 semester credits or 18 quarter credits per academic year if half-time; and

(2) a graduate student must have successfully completed 18 graduate semester credits or 27 graduate quarter credits per academic year if full-time, and 12 graduate semester credits or 18 graduate quarter credits per academic year if half-time.

(d) For purposes of any requirement in AS 14.43 or this chapter regarding full-time student status, the number of logged hours required by 20 AAC 15.990(a)(5)(D) for status as a full-time student in a flight school program will be reduced if the student provides documentation of adverse weather conditions that prevented logging the number of hours required.

(e) A student may be enrolled in more than one institution, but must be enrolled in a degree program toward which the minimum necessary credits are applicable. The total of the multiple enrollments by the student must be equivalent to at least full-time student enrollment under the full-time loan program or half-time student enrollment under the half-time loan program. The degree-granting institution must be able to certify full-time or half-time attendance of the student.

(f) A borrower who has previously received a loan under an Alaska education loan program, and whose loan is in repayment, must be current in monthly payments at the time of an award of a new loan and of each disbursement of that new loan.

(g) The interest rate that the corporation sets for a teacher education loan made for the following school year will be based on

(1) the weighted average of the stated interest rate on the outstanding balance, as of June 30 of the preceding fiscal year, of all fixed-rate bonds issued by the corporation; and

(2) the commission's and corporation's average costs, during the preceding five fiscal years, of administering loans of the Alaska education loan programs that are pledged as security for the corporation's bonds, including, in the corporation's discretion, salaries; service agreements; supplies; utilities; mailing; labor; materials; office rent; maintenance; furnishings; equipment; machinery and apparatus; insurance; legal, accounting, management, consulting, and banking services and expenses; fees and expenses of the trustee for corporation bonds and of the trustee's agents, counsel, depositories, and paying agents; loan default costs; loan forgiveness costs; cost of issuance of corporation bonds; payments for pension, retirement, health and hospitalization, and life and disability insurance benefits; and other costs considered appropriate by the corporation, but not including costs recovered by the loan origination fee.

(h) Repealed 2/27/2010.

(i) Repealed 2/27/2010.

(j) Interest on a WICHE PSE loan awarded under AS 14.44.010 - 14.44.040 for the following school year is equal to the rate set by the corporation under 20 AAC 14.050.

(k) Repealed 8/16/2024.

History

Authority: AS 14.42.030; AS 14.43.300; AS 14.43.740 AS 14.43.105; AS 14.43.320; AS 14.44.035 AS 14.43.120; AS 14.43.630 AS 14.43.125; AS 14.43.640
Eff. 3/22/97, Register 141; am 3/15/98, Register 145; am 4/20/2000, Register 154; am 12/18/2000, Register 157; am 2/27/2010, Register 193; am 12/26/2014, Register 212; am 2/22/2015, Register 213; am 7/31/2016, Register 219; am 8/16/2024, Register 251

20 AAC 15.950 Disbursement and handling of loan awards

(a) The commission will disburse a loan in installments based upon the terms, quarters, or semesters used by the institution of attendance. A loan for attendance at an institution that does not operate on a term, quarter, or semester system will be disbursed in two installments. The first disbursement will be made at the beginning of the program and the second will be made at the halfway point, based on the dates of attendance for which the loan is made. Disbursements will be made in equal amounts unless an eligible postsecondary institution designates alternate amounts, the total of which does not exceed the total certified loan amount.

(b) The commission will send each loan award installment on behalf of the student to the financial aid office of the institution that the student is attending.

(c) Before disbursing the loan, the institution of attendance shall certify on a form provided or approved by the commission, or by using an alternative method approved by the commission, that institutional records indicate as of the disbursement day or the business day before disbursement that

(1) the student is eligible for the disbursement under 20 AAC 15.945(b) and (c);

(2) the institution is not disbursing loan proceeds in excess of costs allowed under AS 14.43.120(a), after considering other financial aid and either

(A) the institution's standard budget for the applicable number and type of credit hours, or vocational program, in which the student is enrolled, or

(B) the student's documented actual costs for the number and type of credit hours, or vocational program, in which the student is enrolled; and

(3) the institution's records classify the student as an Alaskan resident, if the institution maintains records of the residency of students.

(d) Loan proceeds may not be disbursed under a power of attorney assignment by the student unless

(1) the student has already successfully completed the program of study for which the loan was awarded; or

(2) the student is unavailable because the student is in an extern program of the institution.

(e) The institution is responsible for the completion and retention in the permanent student file of an institution disbursement and receipt form approved by the commission. The commission staff may not issue further loan warrants or transfer additional loan proceeds if the institution fails to comply with this requirement.

(f) An institution shall return to the commission, with an explanation for the return, loan proceeds that are not disbursed to the student within the later of

(1) 60 calendar days after the date the commission issued the warrant or transferred loan proceeds to the institution;

(2) 60 calendar days after the beginning of the term for which the loan proceeds are awarded; or

(3) for a second disbursement of a vocational program loan, 60 calendar days after the midpoint of the program period for which the loan is awarded.

(g) An institution that has courses of study for which tuition is charged on a pay-as-you-go basis and that holds unearned tuition money on behalf of a student shall place that money in a non-interest-bearing trust account containing only tuition money. The tuition money may be withdrawn only as it is earned by the institution as a result of the student's enrollment and attendance under the terms of the institution's enrollment agreement. If a student fails to attend, or otherwise withdraws from the institution, the balance of the student's tuition money remaining on account with the institution shall be returned to the commission within 60 days.

(h) An institution may not disburse loan proceeds to a student who is on an approved leave of absence or if the institutional records contain documentation to indicate that, as of the business day before the disbursement, the student is not eligible for the disbursement, and the student did not become eligible before the disbursement occurred.

(i) The commission staff may make loan award payments electronically or in another format that provides loan proceeds directly to the institution rather than by loan warrants payable to individual borrowers. Before approving an institution for participation in electronic or direct loan payment, the commission staff may require documentation of the institution's administrative capability to successfully participate in electronic fund transfers or alternative direct payment. The requirements under this section for handling a loan warrant apply to the handling of a payment electronically transferred or otherwise directly transferred to an institution.

(j) For a student enrolled in more than one institution, the degree-granting institution must also make the certification required by 20 AAC 15.945(e).

History

Authority: AS 14.43.105; AS 14.43.320; AS 14.43.740 AS 14.43.120; AS 14.43.630 AS 14.43.300; AS 14.43.640
Eff. 3/22/97, Register 141; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 4/6/2018, Register 226; am 8/16/2024, Register 251

20 AAC 15.955 Refunds

(a) In the event a recipient of an education loan provided under AS 14.43 becomes eligible for a total or partial refund of $50 or more, the institution shall, within 30 days of the date that the student becomes eligible for the refund, make any refund in excess of any required refund under 20 U.S.C. 1070 - 1100 to the commission, up to the full amount of the borrower's loan indebtedness to the commission.

(b) An institution must have a written policy for refunding tuition, fees, and other charges if a student withdraws or otherwise fails to complete the program of study.

(c) A refund due to the commission under (a) of this section or due to the commission as the result of an award exceeding allowable costs per AS 14.43.120(a) that totals less than $50 may be disbursed to the student.

(d) In the event and to the extent that an institution is required to reimburse to the commission an amount the institution disbursed in error to a borrower and the institution has not been reimbursed by the borrower, the commission will, upon request of the institution, assign to the institution its rights to collection of that amount.

History

Authority: AS 14.43.105; AS 14.43.305; AS 14.43.730 AS 14.43.120; AS 14.43.320; AS 14.43.740 AS 14.43.125; AS 14.43.630; AS 14.43.920 AS 14.43.300; AS 14.43.640
Eff. 4/20/2000, Register 154; am 1/30/2003, Register 165

20 AAC 15.960 Repayment of loans

(a) For an interest-bearing loan other than a family education loan, commission staff shall add accrued interest to the principal balance of the loan at the time the borrower is obligated to commence repayment under AS 14.43.120(g) or at the end of a deferment period under AS 14.43.120(k). The staff shall add to the principal balance of the loan the interest that accrued and was unpaid due to the borrower's failure to provide

(1) the commission staff with the information required under 20 AAC 15.945(a) to calculate the correct date for the commencement of repayment under AS 14.43.120(g); or

(2) notice under 20 AAC 15.965(b) that eligibility for a deferment period under AS 14.43.120(k) has ended.

(b) If a payment is made on a loan in an amount larger than that required by the repayment schedule, the excess is applied first to any outstanding interest charges and then to the remaining principal balance of the loan.

(c) A payment on a delinquent loan is applied first to collection costs, then to any outstanding interest charges, then to the outstanding principal balance of the loan, until those amounts are paid in full.

(d) For the purposes of AS 14.43.120(m), a borrower must demonstrate that both the borrower and the cosigner, if any, are in economic hardship. If a person who is a borrower or, if applicable, a cosigner is in economic hardship as a result of voluntary withdrawal of the person from full employment, the person's hardship status will be calculated as if the person were fully employed. Economic hardship is demonstrated by one or more of the following:

(1) currently receiving state or federal economic assistance based on poverty;

(2) the person's employment provides monthly net income that is equal to or less than the monthly minimum wage;

(3) the person's monthly educational debt liability is greater than or equal to 20 percent of the person's net monthly income and the person's net monthly income, less the education debt, is no more than twice the monthly minimum wage;

(4) the annual family income of the person is no more than the poverty guidelines for the applicable family size established under 42 U.S.C 9901 - 42 U.S.C. 9912 (Community Services Block Grant Act); or

(5) an extraordinary circumstance outside the person's control, such as an ongoing medical condition, that is projected to continue for six months or longer and prevents the person from paying the monthly amount required under the original payment schedule.

(e) A cosigner's obligation to repay a loan

(1) begins when the borrower's obligation begins;

(2) is deferred while the borrower's obligation is deferred under AS 14.43.120(k); and

(3) continues even if the borrower's obligation to repay the loan is discharged or canceled before the loan, including interest, is repaid in full.

(f) During a borrower's deferment under AS 14.43.120(k)(8), a cosigner's obligation will not be deferred under (e)(2) of this section if the cosigner's signature was required under 20 AAC 15.940(e)(2).

(g) The commission staff will notify a cosigner of any deferment granted to a borrower, or any agreement it reaches with the borrower, that will increase the amount due over time on the note.

(h) For the purposes of this section, "monthly minimum wage" means 168 multiplied by the minimum hourly wage established for the state in which the person is residing.

History

Authority: AS 14.43.105; AS 14.43.305; AS 14.43.640 AS 14.43.120; AS 14.43.320; AS 14.43.730 AS 14.43.125; AS 14.43.630; AS 14.43.740
Eff. 12/4/96, Register 140; am 3/22/97, Register 141; am 3/15/98, Register 145

20 AAC 15.965 Deferment of payments

(a) In order to obtain a deferment of payments under AS 14.43.120(k), a borrower must complete a form provided by the commission, showing the borrower's eligibility for the requested deferment and acceptance of the terms of the deferment agreement. Until the request for deferment is approved by the commission staff, the borrower's original repayment schedule continues in effect. If the borrower meets the requirements of AS 14.43.120(k), the commission staff shall approve the deferment. If the deferment is approved, the commission staff shall send the borrower the deferment agreement.

(b) A borrower who has received a deferment shall immediately notify the commission if the conditions under which the deferment was granted no longer exist.

(d) For purposes of AS 14.43.120(k), a student who is in an internship or residency that is required as part of the program of study, and that does not exceed 48 months, is a full-time student.

(e) For purposes of AS 14.43.120(k)(8), a deferment may not be granted

(1) for a condition that existed at the time the loan was disbursed, unless the condition has substantially deteriorated since the time of the disbursement; or

(2) after denial of a request for medical cancellation under 20 AAC 15.920, unless the condition for which the deferment is being requested did not exist at the time of the request for medical cancellation.

(f) For purposes of AS 14.43.120(k)(8), deferment requests in excess of five years for the same condition must include documentation sufficient for the executive director to determine that the borrower is unable to repay the loan without undue financial hardship.

(g) This section does not apply to the family education loan program under AS 14.43.710 - 14.43.750.

History

Authority: AS 14.43.105; AS 14.43.305; AS 14.43.630 AS 14.43.120; AS 14.43.320; AS 14.43.640
Eff. 3/22/97, Register 141; am 3/15/98, Register 145; am 4/6/2018, Register 226

20 AAC 15.966 Loan forbearance and alternative repayment options

(a) Under AS 14.43.120(g) the commission may provide a borrower with a loan forbearance or alternative repayment schedule to provide a short- or long-term rate of repayment relief. A borrower may not obtain a loan forbearance of a family education loan awarded under AS 14.43.710 - 14.43.750.

(b) If a borrower and the commission agree to a period of loan forbearance or an alternative repayment schedule, the commission will disclose to the borrower in writing, the financial effect of costs of financing the loan.

History

Authority: AS 14.42.030; AS 14.43.120; AS 14.43.630 AS 14.43.105; AS 14.43.320; AS 14.43.730
Eff. 3/1/2002, Register 161

20 AAC 15.970 Delinquency and default

(a) A loan is delinquent if a loan payment is one or more days past due. When a loan payment is

(1) 30 or more days past due, the borrower and cosigner, if any, will be notified;

(2) 60 or more days past due, the institution of attendance will be notified.

(b) A loan is in default if

(1) a loan payment has become 180 or more days past due;

(2) the borrower or the cosigner, if any, has failed to comply with the applicable reporting requirements of this chapter; or

(3) the borrower or cosigner, if any, has falsified any information on the loan application or information required under AS 14.43 or this chapter.

(c) To prevent default under (b)(1) of this section, the borrower or cosigner, if any, must pay the delinquent amount before it is 180 days past due.

(d) Repealed 3/1/2002.

(e) A borrower and cosigner, if any, who has defaulted under (b)(1) of this section is no longer considered to be in default status for the purposes of

(1) repealed 3/15/98;

(2) repealed 3/1/2002;

(3) repealed 8/16/2024;

(4) calculation of an institution's default rates under AS 14.43.120(d), if enough of the interest and principal due is paid so that no payment is more than 179 days past due, calculated as if the loan had not been accelerated; or

(5) issuing an order to withhold and deliver under AS 14.43.145(a)(3) if

(A) all costs of collection, and the interest and principal that would have been due if the loan had not been accelerated, are paid; or

(B) the borrower or cosigner, if any, has submitted proof that the person is current on payments and has made complete and timely payments for the six most recent and consecutive months, under a payment agreement that person has reached with the commission or its agent collection agency.

(f) If a person has cosigned a loan that is in default, the commission will claim the permanent fund dividends of both the borrower and the cosigner. The commission will give priority to taking the permanent fund dividend of the borrower to satisfy the defaulted loan before taking the permanent fund dividend of the cosigner.

(g) For the purposes of determining, as a basis for eligibility for a loan, whether the borrower or cosigner has defaulted on a loan previously awarded by the commission, a borrower or cosigner will be considered not to have defaulted on the loan if the borrower or cosigner has made full payment on the loan, including all interest and collection costs, and if the borrower or cosigner satisfies the requirements of AS 14.43.172(c). The borrower or cosigner's payment of the loan under this subsection must have been predominantly voluntarily paid.

(h) For purposes of this section, an amount is not voluntarily paid if it is the proceeds from an order to withhold and deliver, involuntary wage assignment, or involuntary taking of the borrower's permanent fund dividend.

(i) Information regarding the status of a loan may be reported to credit bureau organizations.

(j) Repealed 5/26/2011.

(k) Notwithstanding a determination of default, the commission may make an alternative repayment schedule available to a borrower subsequent to default. Once a loan has become 180 or more days past due, the commission may require the borrower to enter into and comply with a default forbearance agreement, in order to qualify for an alternative repayment schedule and removal of default status.

(l) In (k) of this section, "default forbearance agreement" means a short-term default recovery agreement in which

(1) a borrower agrees to make a specific number of monthly payments as determined by the commission to demonstrate the borrower's renewed ability and willingness to repay the loan; and

(2) upon the borrower's successful completion of the agreement, the commission discontinues debt collection activity and removes a report of default from the borrower's loan record and consumer credit report.

History

Authority: AS 14.42.030; AS 14.43.145; AS 14.43.320 AS 14.43.105; AS 14.43.168; AS 14.43.630 AS 14.43.120; AS 14.43.171; AS 14.43.640 AS 14.43.125; AS 14.43.175; AS 14.43.740
Eff. 12/4/96, Register 140; am 3/22/97, Register 141; am 3/15/98, Register 145; am 9/23/99, Register 151; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 7/1/2002, Register 162; am 5/26/2011, Register 198; am 2/22/2015, Register 213; am 8/16/2024, Register 251; am 2/13/2026, Register 257

20 AAC 15.972 Income withholding; employer's transmittal of money to agency

(a) An order under AS 14.43.147 to an employer to withhold and deliver from a borrower's or cosigner's earnings must include notice of the exemptions and limitations under AS 09.38 and 15 U.S.C. sec. 1673 on the total amount to be withheld. Within three weeks of the receipt of the order, or ten days after the employee's next payday if that date is later, the employer shall send to the commission the amount withheld from the first paycheck. Thereafter, the employer shall send the amount withheld to the commission within 10 days after each date the employee is paid.

(b) Within three business days after the issuance of an order to withhold and deliver, the commission will mail or otherwise deliver a notice to the person whose income is being withheld that an order to withhold and deliver has been issued.

(c) Within 60 days after the commission mails a notice of wage withholding under (b) of this section, a person may contest withholding from the person's income under an order to withhold and deliver by submitting a written request for informal review to the executive director, if the person

(1) is not the borrower or cosigner whose debt is being collected; or

(2) has fully repaid the amount due.

(d) If the person's weekly income after mandatory deductions are subtracted is less than the maximum exemptions allowed under 15 U.S.C. 1673, AS 09.38, and 8 AAC 95, the person may contest the withholding under an order to withhold and deliver by submitting a written request for informal review to the executive director within 30 days after the commission mails a notice of wage withholding under (b) of this section.

(e) If a person contests withholding under (c) or (d) of this section, the executive director shall issue a review decision within 10 days after the date that the executive director receives the written request for informal review. If appropriate, the executive director may request additional information from the person or from any other source. The time period for the executive director's response is extended for the period of time allowed by the executive director for the additional information requested to be provided. The person's employer shall continue to withhold income under the order to withhold and deliver even if the person contests the withholding under (c) or (d) of this section. If the executive director determines that the withholding was improper under (c) or (d) of this section, the commission will refund the amount improperly withheld to the person, plus legal interest under AS 45.45.010. If an adjustment of withholding is made, a notice modifying the order to withhold and deliver will be mailed to the employer.

(f) A person whose income is being withheld as a result of an order to withhold and deliver under AS 14.43.147 may apply for relief to the superior court under AS 14.43.147(1) without requesting an informal review under this section.

History

Authority: AS 14.43.105; AS 14.43.630; AS 14.43.740 AS 14.43.147; AS 14.43.640 AS 14.43.320; AS 14.43.730
Eff. 3/15/98, Register 145; am 11/5/2000, Register 156

20 AAC 15.975 Collection costs

The borrower or cosigner, if any, shall pay the costs incurred in the collection of a delinquent loan. Costs of collection may include

(1) court filing costs;

(2) attorney fees;

(3) for a loan transferred to a collection agency, the fees charged by that agency; and

(4) for a loan that has not been transferred to a collection agency, a monthly late fee of $15 while the loan is 45 or more days past due or in default.

History

Authority: AS 14.43.105; AS 14.43.630; AS 14.43.740 AS 14.43.120; AS 14.43.640 AS 14.43.320; AS 14.43.730
Eff. 12/4/96, Register 140; am 3/15/98, Register 145; am 4/20/2000, Register 154

20 AAC 15.980 Loan origination fee

Repealed.

History

Eff. 7/1/96, Register 138; repealed 3/22/97, Register 141

20 AAC 15.988 Relationship of borrower and cosigner

(a) Except for a purpose described in a provision set out in (b) of this section, the term "borrower" or "loan recipient" does not include a cosigner.

(b) For the purposes of AS 14.43.120(h), 14.43.145, 14.43.147, 14.43.150, 14.43.172(d), and 14.43.750(a), the term "borrower" or "loan recipient" includes a cosigner, if any.

History

Authority: AS 14.43.105; AS 14.43.320; AS 14.43.740 AS 14.43.120; AS 14.43.630; AS 14.43.750 AS 14.43.172; AS 14.43.640
Eff. 3/15/98, Register 145; am 4/20/2000, Register 154; am 2/22/2015, Register 213

20 AAC 15.990 Definitions

(a) In this chapter, unless otherwise provided or the context otherwise requires,

(1) "clock hour" means a period of time that is not less than a 50-minute class, lecture, or recitation;

(2) "collegiate program" means a program of study for which credit hours are awarded toward an associate, baccalaureate, or higher degree;

(3) "commission" means the Alaska Commission on Postsecondary Education;

(4) "corporation" means the Alaska Student Loan Corporation;

(5) "full-time student" means

(A) an undergraduate student, in good standing, who is enrolled in any combination of courses, work experiences, research, or special studies that the institution requires to consider the student as engaged in full-time study and that amounts to the equivalent of at least 12 undergraduate semester or quarter hours per academic term;

(B) a graduate student, in good standing, who is enrolled in any combination of courses, work experiences, research, or special studies that the institution requires to consider the student as engaged in full-time study and that amount to the equivalent of at least nine graduate semester or quarter hours per academic term;

(C) a student enrolled in a non-flight school career education program for at least six weeks in duration and for a minimum of 30 clock hours a week; in this subparagraph, "enrolled" means enrolled and attending for the specified minimum number of clock hours except for

(i) excused and unexcused absences on record at the institution of attendance that do not exceed 15 percent of the total possible contracted hours elapsed since the beginning of the contracted enrollment period of the course of study; or

(ii) periods of approved leave of absence verified as described in 20 AAC 17.110(b)(10); or

(D) a student enrolled in an approved flight school program who logs a minimum of 17 hours per month, or 51 hours for a three-month period;

(6) "graduate degree program" means an educational program for which a master's degree, doctorate, or other degree requiring study beyond that necessary for a bachelor's degree is awarded;

(7) "half-time student" means

(A) an undergraduate student, in good standing, who is enrolled in any combination of courses, work experiences, research, or special studies that the institution requires to consider the student as engaged in half-time study and that amount to the equivalent of at least six, but less than 12, undergraduate semester or quarter hours per academic term;

(B) a graduate student, in good standing, who is enrolled in any combination of courses, work experiences, research, or special studies that the institution requires to consider the student as engaged in half-time study and that amounts to the equivalent of at least six, but less than nine, graduate semester or quarter hours per academic term; or

(C) a student enrolled in good standing in a career education program of at least 12 weeks in duration and for at least 15 clock hours a week; in this subparagraph, "enrolled" means enrolled and attending for the specified minimum number of clock hours except for

(ii) periods of approved leave of absence verified as described in 20 AAC 17.110(b)(10);

(8) "successfully complete" means to complete a course for which academic credit is earned;

(9) "cosigner" means an endorser;

(10) "refund" means any amount due to a funding source as a result of a change in financial aid award, student enrollment, or attendance status relative to eligibility for and determination of the amount of the financial aid award;

(11) "business day" means a day other than Saturday, Sunday, or a state holiday;

(12) "disburse" means to make awarded loan proceeds available to the borrower, including by crediting those loan proceeds to a borrower's student account at the institution of attendance;

(13) "ACH transaction" means an electronic transaction by means of the Automated Clearing House network for the interbank clearing of electronic payments for participating depository financial institutions;

(14) repealed 4/6/2018;

(15) repealed 4/6/2018;

(16) repealed 4/2/2004;

(17) "endorser" means a person who signs a promissory note, or an endorser addendum for a PLUS loan, and who, by signing that note or addendum, becomes secondarily liable for a loan obligation, agreeing to pay if the borrower does not pay;

(18) "FFELP eligible school" means a postsecondary institution of higher education or a postsecondary vocational school that the department has declared eligible to participate in the FFELP;

(19) "FAFSA" means the Free Application for Federal Student Aid, as developed under 20 U.S.C. 1082(m)(1)(C) and described in 34 C.F.R. 682.102(a);

(20) "FFELP" means the Federal Family Education Loan Program established under 20 U.S.C. 1070 - 1099c (Title IV of the Higher Education Act of 1965);

(21) "secretary" means the United States Secretary of Education;

(22) "AlaskAdvantage" means the service mark registered by the commission under 15 U.S.C. 1051 (Trademark Act) and used to describe financial aid and higher education outreach programs and services provided by the commission;

(23) "FICO" means Fair, Isaac, and Co. Inc., a developer of credit risk scores used by credit grantors in the lending process;

(24) "PSE" means the Professional Student Exchange program of WICHE;

(25) "WICHE" means the Western Interstate Commission for Higher Education;

(26) "Stafford loan" means a federal loan authorized under 20 U.S.C. 1071 - 1078.

(27) "vocational program" or "vocational certificate program" means a career and technical course of study in a recognized occupation leading to a terminal diploma, credential, or comparable certificate of completion, designed to lead to employment or occupational competencies.

(28) "alternative repayment schedule" means a revision to a borrower's existing loan repayment term to provide short-term or long-term repayment relief; an alternative repayment schedule adjusts

(A) the amount of time the borrower will make payments; and

(B) the monthly installment amount over the life of the loan.

(b) For the purposes of AS 14.43.120(c), "to maintain a loan" means to continue to be eligible for loan disbursements.

(c) For the purposes of AS 14.43.125(a), "dependent on" or "dependent of" means an individual under the age of 24 on December 31 of the loan award year who was claimed as a dependent by the individual's parent or guardian for federal income tax purposes for the year preceding the loan award year.

(d) For purposes of the definition of "career education" in AS 14.43.160, "course or program in vocational-technical training or education" means a course of study in a recognized occupation leading to a degree, diploma, or comparable certificate of completion.

History

Authority: AS 14.42.030; AS 14.43.125; AS 14.43.630 AS 14.43.105; AS 14.43.160; AS 14.43.740 AS 14.43.120; AS 14.43.320
Eff. 6/23/95, Register 134; am 3/22/97, Register 141; am 3/15/98, Register 145; am 4/20/2000, Register 154; am 11/5/2000, Register 156; am 4/27/2001, Register 158; am 3/1/2002, Register 161; am 7/1/2002, Register 162; am 4/2/2004, Register 169; am 2/27/2010, Register 193; am 11/16/2012, Register 204; am 4/6/2018, Register, 226; am 2/13/2026, Register 257

Chapter 16 Education Grant and Scholarship Programs

Article 1 Education Grant Program

20 AAC 16.005 Purpose of the Alaska education grant program

The Alaska education grant program provides higher education grants to residents of this state attending institutions eligible under 20 AAC 16.021 and who demonstrate financial need based on information obtained from the Free Application for Federal Student Aid (FAFSA). This grant award is available to an eligible student to pay allowable costs of attendance that exceed the sum of any other non-self-help financial aid provided to the student.

History

Authority: AS 14.42.030; AS 14.43.400
Eff. 2/20/2005, Register 173; am 12/28/2008, Register 188; am 2/22/2015, Register 213

20 AAC 16.010 Applicant eligibility

(a) An applicant for an Alaska education grant

(1) must meet the requirements of AS 14.43.415(a);

(2) must be a resident of this state as described in AS 14.43.162(b);

(3) repealed 2/22/2015;

(4) repealed 2/22/2015;

(5) must be a United States citizen or permanent resident alien;

(6) must be admitted and intend to enroll in an undergraduate degree or vocational certificate program at a qualifying institution;

(7) repealed 2/22/2015;

(8) repealed 2/22/2015;

(9) must have earned a high school diploma or a general educational development (GED) diploma;

(10) may not have a baccalaureate degree; and

(11) must meet satisfactory academic progress requirements, if a continuing student, according to the standards set by the institution of attendance.

(b) Repealed 12/28/2008.

(1) remedial or preparatory program;

(2) program leading to a private pilot license; or

(3) program of study conducted outside of this state, unless the program is a formal exchange program available as part of a degree program at an institution in this state that is eligible under 20 AAC 16.021.

History

Authority: AS 14.42.030; AS 14.43.406; AS 14.43.420 AS 14.43.405; AS 14.43.415
Eff. 6/13/80, Register 74; am 11/27/86, Register 100; am 2/20/2005, Register 173; am 12/28/2008, Register 188; am 10/3/2011, Register 200; am 11/16/2012, Register 204; am 2/22/2015, Register 213

20 AAC 16.015 Application priority

(a) Awards to applicants are prioritized and determined in accordance with the following criteria in the following order:

(1) lowest Student Aid Index as reported on the Free Application for Federal Student Aid (FAFSA);

(2) the applicant's status as a continuing award recipient who meets satisfactory academic progress requirements as described in 20 AAC 16.010(a)(11);

(3) enrollment as a full-time student as defined under 20 AAC 15.990(a) or as an on-time student as defined under AS 14.43.990; and

(4) the earliest FAFSA filing date.

(b) For the purposes of this section, a continuing award recipient is a student who received a grant award in the immediately preceding academic year.

History

Authority: AS 14.42.030; AS 14.43.406 AS 14.43.405; AS 14.43.415
Eff. 2/22/2015, Register 213; am 4/6/2018, Register 226; am 8/16/2024, Register 251; am 2/13/2026, Register 257

20 AAC 16.020 Applicant priority

Repealed.

History

Eff. 6/13/80, Register 74; repealed 2/20/2005, Register 173

20 AAC 16.021 Institutional eligibility and responsibilities

(a) An institution eligible to participate in the Alaska education grant program is described in AS 14.43.415(a)(2)(A), and must

(1) repealed 2/22/2015;

(2) repealed 10/3/2011;

(3) be physically located in this state; and

(4) enter into a program participation agreement with the commission, and provide the commission with documentation and information the commission considers necessary to determine whether the school is eligible to participate, including

(A) documentation of participation in a method of electronic funds transfer approved by the commission;

(B) documentation of compliance with state and federal statutes and regulations relevant to institutional financial, administrative, and academic capacity;

(D) agreement to verify and certify student eligibility for grant awards; and

(E) agreement to allow commission staff to audit school records related to grant money management and student eligibility determinations, as determined necessary by the commission.

(b) An institution that is otherwise eligible to participate in the Alaska education grant program becomes ineligible upon failure to submit required reconciliation reports or related documentation to the commission, or a commission audit finding that the institution is ineligible because the institution lacks the financial, administrative, or academic capacity to successfully administer the grant program.

(c) For purposes of this section, a commission audit finding that an institution lacks the financial, administrative, or academic capacity to appropriately administer the grant program includes a finding of institutional fraud, an inability to document the institution's procedures for grant funds management, or a consistent and sustained institutional failure to adhere to regulations and policies governing the grant program.

History

Authority: AS 14.42.030; AS 14.43.405; AS 14.43.415
Eff. 2/20/2005, Register 173; am 10/3/2011, Register 200; am 11/16/2012, Register 204; am 4/4/2013, Register 206; am 2/22/2015, Register 213

20 AAC 16.030 Application procedure

(a) A student requesting an Alaska education grant must submit a completed FAFSA to the United States Department of Education that results in a valid Institutional Student Information Record (ISIR).

(b) Repealed 12/28/2008.

(c) An applicant may be required to submit supplemental information for the purpose of determining the applicant's eligibility for a grant award.

(d) In addition to certification of an applicant's eligibility under 20 AAC 16.010, school staff shall certify award eligibility requirements, including that the student

(1) is admitted and enrolled in an undergraduate degree or vocational certificate program on at least a half-time basis;

(2) has a high school diploma or general educational development (GED) diploma;

(3) has unmet financial need; and

(4) repealed 2/22/2015;

(5) meets requirements set out in 20 AAC 16.034 for an increased grant award.

(e) The commission staff shall notify each institution of the names of students at that institution who are eligible to receive an Alaska education grant as determined under this section.

(f) The commission will publish an annual grant processing calendar.

History

Authority: AS 14.42.030; AS 14.43.406 AS 14.43.405; AS 14.43.415
Eff. 6/13/80, Register 74; am 11/27/86, Register 100; am 5/8/88, Register 106; am 2/20/2005, Register 173; am 12/28/2008, Register 188; am 10/3/2011, Register 200; am 4/4/2013, Register 206; am 2/22/2015, Register 213; am 4/6/2018, Register 226

20 AAC 16.034 Priority ranking of applicants

(a) Grant applications will be awarded based on the financial need of the applicants.

(b) The commission will award increased grant award amounts to eligible applicants who meet either of the following conditions:

(1) the applicants are enrolled as on-time students as defined under AS 14.43.990; or

(2) the applicants are high school graduates described in AS 14.43.915(d).

(d) Repealed 2/22/2015.

(e) Repealed 4/4/2013.

(f) Under AS 14.43.915(d), the commission will annually reserve money for grant awards to graduates from school districts and schools described in AS 14.43.915(d). Grant applicants must indicate eligibility for reserved grant awards not later than June 30 of the first award year in which the applicant applies for a grant from the reserved money. After July I of each year, any amount of reserved money remaining after grant awards have been made to all eligible applicants will be made available for grant awards to otherwise eligible applicants who do not indicate eligibility for a grant award from the reserved money.

History

Authority: AS 14.42.030; AS 14.43.406; AS 14.43.915 AS 14.43.405; AS 14.43.415
Eff. 2/20/2005, Register 173; am 12/28/2008, Register 188; am 6/24/2012, Register 202; am 4/4/2013, Register 206; am 2/21/2014, Register 209; am 2/22/2015, Register 213; am 8/16/2024, Register 251

20 AAC 16.037 Computation of financial need and authorized grant amounts

(a) Grant award amounts are based on financial need, determined in part by the student's Student Aid Index as reported on the Free Application for Federal Student Aid (FAFSA) and by the student's enrollment status.

(b) A grant recipient may not receive a grant award that exceeds the amount of the student's unmet need, based on the student's actual cost of attendance.

(c) A student enrolled at least half-time in a non-term-based vocational certificate program that culminates within one academic year in a vocational certificate designed to lead to employment is eligible for up to the lesser of the annual maximum grant or eligible financial need.

(d) Repealed 2/22/2015.

(e) The maximum grant award is determined annually by the executive director of the commission, but may not exceed $3,000 per school year for a full-time student, unless the student qualifies for an increased grant award under 20 AAC 16.034, in which case the grant award may be increased to up to $4,000 per school year. The commission may prorate grant awards for less than full-time attendance.

(f) Repealed 12/28/2008.

(g) If a grant recipient transfers from one institution to another institution, and the institution from which the recipient transfers has not disbursed grant award money, the grant recipient may transfer the money from that institution to the institution to which the grant recipient has transferred upon the commission's determination of the grant recipient's continued eligibility.

(h) Repealed 4/4/2013.

(i) Repealed 2/22/2015.

(j) In annually determining the maximum grant award under (e) of this section, the executive director of the commission may take into consideration the total funding available for grant awards in a school year.

History

Authority: AS 14.42.030; AS 14.43.406; AS 14.43.420 AS 14.43.405; AS 14.43.415
Eff. 2/20/2005, Register 173; am 12/28/2008, Register 188; am 10/3/2011, Register 200; am 4/4/2013, Register 206; am 2/22/2015, Register 213; am 2/13/2026, Register 257

20 AAC 16.040 Grant disbursement and refund

(a) The commission staff shall distribute available grant money to schools for certified grant applicants.

(b) Unless a participating school requests an alternative distribution schedule, the commission will distribute grant money to the schools on or after the final date on which the school permits a student to modify course enrollment without a financial penalty.

(c) A school shall disburse grant awards in proportionate installments based upon the terms, quarters, or semesters used by the institution of attendance. A grant awarded for attendance at an institution that does not operate on a term basis shall be disbursed in two equal installments. The first installment shall be made at the beginning of the program and the second shall be made at the halfway point, based on the dates of attendance for which the grant was awarded. Grant awards not disbursed to the student within 30 calendar days from the date the money is transferred to the institution shall be returned to the commission.

(d) Repealed 2/22/2015.

(e) If a student becomes eligible for a refund in excess of $50 or it is determined that the student is overawarded in excess of $50, the school shall, within 30 days after the date that the overaward was noted or the student became eligible for a refund, make any refund or return of grant monies to the commission.

(f) Repealed 12/28/2008.

(g) An institution may not disburse grant funds to a student who is on an approved leave of absence unless the student has already successfully completed the program period for which the grant funds were awarded.

(h) An eligible institution is responsible for maintaining documentation that the school verified the identity of the student before disbursing any grant money to the student.

History

Authority: AS 14.42.030; AS 14.43.406 AS 14.43.405; AS 14.43.415
Eff. 6/13/80, Register 74; am 12/13/84, Register 92; am 2/20/2005, Register 173; am 12/28/2008, Register 188; am 10/3/2011, Register 200; am 4/4/2013, Register 206; am 2/22/2015, Register 213; am 4/6/2018, Register 226

20 AAC 16.050 Complaints and appeals

(a) Complaints and appeals regarding administration of the Alaska education grant program will be considered under 20 AAC 15.915.

(b) Appeals based on academic good standing and academic progress shall be considered by the applicable school in accordance with that school's satisfactory academic progress policy.

History

Authority: AS 14.42.030; AS 14.43.405
Eff. 6/13/80, Register 74; am 11/27/86, Register 100; am 2/20/2005, Register 173; am 2/22/2015, Register 213

Article 2 Alaska Performance Scholarship Program

20 AAC 16.205 Purpose of Alaska performance scholarship program

The Alaska performance scholarship program provides scholarships for qualified high school graduates under AS 14.43.820 who completed a rigorous high school curriculum and demonstrate timely progress toward a qualifying postsecondary certificate or degree. The goals of the Alaska performance scholarship program include improving students' high school performance and preparation for postsecondary education and career success.

History

Authority: AS 14.42.030; AS 14.43.810
Eff. 1/1/2011, Register 196

20 AAC 16.210 Applicant eligibility

(a) An applicant for an Alaska performance scholarship must

(1) meet the requirements of AS 14.43.820(a) and (m);

(2) meet the academic eligibility requirements of 4 AAC 43.020 and

(A) if a first-year scholarship recipient enrolled in an undergraduate academic program of study on a

(i) full-time basis, successfully complete a minimum of 24 semester credits or the equivalent; or

(ii) half-time basis, successfully complete a minimum of 12 semester credits or the equivalent;

(B) if a first-year scholarship recipient enrolled in a graduate or credit based certificate program of study on a

(i) full-time basis, successfully complete a minimum of 18 semester credits or the equivalent; or

(ii) half-time basis, successfully complete a minimum of 10 semester credits or the equivalent;

(i) full-time basis, have successfully completed a minimum of 24 semester credits or the equivalent in the first year and an additional 30 semester credits or the equivalent for each subsequent year that scholarship money was received; or

(ii) half-time basis, have successfully completed a minimum of 12 semester credits or the equivalent in the first year and 15 semester credits or the equivalent for each subsequent year that scholarship money was received;

(D) if a second- or subsequent-year scholarship recipient enrolled in a graduate or credit-based certificate program of study on a

(i) full-time basis, have successfully completed a minimum of semester credits or the equivalent in the first year and 22 semester credits or the equivalent in the subsequent year that scholarship money was received; or

(ii) half-time basis, have successfully completed a minimum of 10 semester credits or the equivalent in the first year and 12 semester credits or the equivalent in the subsequent year that scholarship money was received; or

(E) if a career and technical school program scholarship recipient enrolled in a non-credit hour program of study on a

(i) full-time basis, have successfully completed the program with attendance of at least 30 clock hours per week for not less than 12 weeks; or

(ii) half-time basis, have successfully completed the program with attendance of at least 15 clock hours per week for no less than six weeks; and

(3) meet continuing eligibility requirements, including

(A) if a student other than a career and technical school program student, maintaining a cumulative grade point average of at least 2.5 on a 4.0 scale to receive a second or subsequent disbursement of a scholarship award; or

(B) if a career and technical school program student, meeting the satisfactory progress requirements of the career and technical school program before receiving a second or subsequent disbursement of a scholarship award.

(b) If an award recipient completes two consecutive semesters or three consecutive quarters of full-time enrollment and has a qualifying cumulative grade-point average or equivalent, as certified by the postsecondary institution, the recipient is eligible for an increased award under AS 14.43.825(h). In this subsection, "full-time enrollment" means enrollment in a course of study that is not less than 15 credits per semester or the equivalent per quarter.

(c) Notwithstanding the minimum enrollment requirements of (b) of this section, for purposes of receiving an increased award under AS 14.43.825(j), a career and technical school program student must complete two technical school programs and have earned a degree or certificate to be considered for a scholarship award level increase.

(d) Notwithstanding an applicant's eligibility, scholarship money will not be awarded to an applicant for a program

(1) designed to terminate in a private pilot license; or

(2) of study conducted outside the state, unless the program is a formal exchange program available as part of a degree program at an eligible institution in this state.

(e) A student who receives an extension under AS 14.43.825(c) for part-time enrollment may not exceed the equivalent of eight full-time semesters.

(f) The commission will not authorize an award until receipt of certification under 20 AAC 16.235(g)(1) of an applicant's eligibility for an award.

History

Authority: AS 14.43.030; AS 14.43.820 AS 14.43.810; AS 14.43.825
Eff. 1/1/2011, Register 196; am 11/16/2012, Register 204; am 8/16/2024, Register 251; am 2/13/2026, Register 257

20 AAC 16.215 Application procedure

(a) No later than June 30 of the year the student intends to enroll in postsecondary education, a student attending an institution that is authorized to participate in federal student aid programs under 20 U.S.C. 1070 - 1099d (Title IV of the Higher Education Act of 1965), and who meets the eligibility requirements of 20 AAC 16.210, must annually submit a completed Free Application for Federal Student Aid (FAFSA) that results in generation of an Institutional Student Information Record (ISIR).

(b) An applicant may be required to submit supplemental information to verify eligibility, including verifying FAFSA data and institutional certifications.

(c) No later than June 30 of the year the student intends to enroll in postsecondary education, a student who is attending an institution that is not authorized to participate in federal student aid programs under 20 U.S.C. 1070 - 1099d (Title IV of the Higher Education Act of 1965), but who meets the eligibility requirements of 20 AAC 16.210, must submit a completed alternate application provided by the commission.

(d) Notwithstanding any other provision in this section, and subject to the availability of appropriations, the executive director may consider applications from students submitting, after June 30 but before the end of the school year, a completed FAFSA or completed alternate application provided by the commission.

History

Authority: AS 14.42.030; AS 14.43.820 AS 14.43.810; AS 14.43.825
Eff. 1/1/2011, Register 196; am 4/4/2013, Register 206; am 4/6/2018, Register 226

20 AAC 16.220 Computation of scholarship awards; maximum and minimum amounts

(a) Annual maximum scholarship award amounts will be calculated in accordance with AS 14.43.825.

(b) Notwithstanding the minimum annual credit requirements of 20 AAC 16.210(a)(2), to be considered a full-time student for purposes of calculating the annual scholarship award amount, an otherwise eligible student, if

(1) an undergraduate, must be enrolled each term in at least 12 semester credit hours or the equivalent;

(2) in a graduate degree or certificate program, must be enrolled each term in at least nine semester credit hours, or the equivalent, applicable to the student's graduate degree or certificate program; or

(3) a career and technical school program student, must be enrolled in a non-credit hour program requiring attendance of at least 30 clock hours per week for not less than 12 weeks.

(c) A half-time student is eligible for 50 percent of the annual scholarship award amount. Notwithstanding the minimum annual credit requirements of 20 AAC 16.210(a)(2), to be considered a half-time student for purposes of calculating that amount, an otherwise eligible student, if

(1) an undergraduate student, must be enrolled each term in at least six but not more than 11 semester credit hours, or the equivalent;

(2) in a graduate degree or certificate program, must be enrolled each term in at least five but not more than eight semester credit hours, or the equivalent, applicable to the student's graduate degree or certificate program; or

(3) a career and technical school program student, must be enrolled in a program requiring attendance of at least 15 clock hours per week for not less that six weeks.

(d) A student who does not meet the requirements of (b) or (c) of this section is not eligible for a scholarship award, except that an otherwise eligible career and technical school program student may qualify for an award if enrolled in a career and technical school program of less than six weeks in duration that the Department of Labor and Workforce Development has certified under 8 AAC 81.030, as meeting the attendance requirements of (b)(3) and (c)(3) of this section through an approved, accelerated method of delivery.

(e) A student enrolled in an otherwise qualifying accelerated program of study may have accelerated award eligibility. For purposes of this subsection,

(1) "accelerated program of study" means an academic program of study in which the student is completing at least 150 percent of the full-time credit hours required in this section, per academic year of attendance;

(2) "accelerated award eligibility" means eligibility for an additional 50 percent of full-time award, based on the number of credits being completed in the accelerated program of study; and

(3) accelerated awards reduce the student's semesters of eligibility as set out in AS 14.43.825(c).

(f) The minimum scholarship award per school year is $500.

(g) For purposes of determining award eligibility and estimating annual scholarship amounts each year, the executive director shall set and publish on the commission's website a deadline for certification of scholarship applicant enrollment by postsecondary institutions. Scholarship applicants certified by postsecondary institutions as having qualifying enrollment after the deadline will be considered for an award if money is available after payment to students certified by the deadline.

(h) If appropriations are insufficient to pay all eligible scholarship applicants, existing awards will be paid first on a pro rata basis. For purposes of this section, existing awards are those certified by the postsecondary institution before the published deadline established in (g) of this section.

(i) For purposes of calculating maximum award eligibility, scholarship money is used to supplement other non-loan aid. In order not to supplant other non-loan aid, an otherwise qualifying student's costs of attendance are reduced by other scholarships, grants, or stipends, or any other non-loan aid that would be paid to support the student's participation in the educational program for the same program of study or academic period.

(j) For purposes of this section, a grant received under AS 14.43.400 reduces an applicant's eligible costs of attendance for purposes of calculating a scholarship award amount.

(k) A student is eligible for only one scholarship award per career and technical school certificate program completed. A student who enrolls in multiple career and technical school certification programs and is otherwise eligible may receive multiple scholarship awards.

History

Authority: AS 14.42.030; AS 14.43.810; AS 14.43.825
Eff. 1/1/2011, Register 196; am 4/6/2018, Register 226; am 8/16/2024, Register 251; am 2/13/2026, Register 257

20 AAC 16.225 Award disbursement and refund

(a) Subject to appropriation, the commission staff shall distribute scholarship money to eligible institutions on behalf of award recipients.

(b) The commission staff shall distribute scholarship money to eligible institutions on or after July 15 for programs that start August 1 or later in that academic year.

(c) An eligible institution may not disburse a scholarship award under a power of attorney assignment by the student unless the student

(1) has already successfully completed the program of study for which the scholarship was awarded; or

(2) is unavailable because the student is in an extern program of the school.

(d) An eligible institution is responsible for maintaining documentation that the school verified the identity of the student before disbursing any scholarship money to the student.

(e) An eligible institution that has courses of study for which tuition is charged on a pay-as-you-go basis and that holds unearned tuition money on behalf of a student shall place scholarship disbursements in a non-interest-bearing trust account containing only scholarship money. The scholarship money may be withdrawn only as it is earned by the institution as a result of the student's enrollment and attendance under the terms of the institution's enrollment agreement. If a student fails to attend, or otherwise withdraws from the institution, the balance of the student's scholarship money remaining on account with the institution shall be returned to the commission no later than 30 days after the student stopped attending the institution.

(f) An eligible institution may not disburse scholarship awards to a student who is on an approved leave of absence unless the student has already completed the program period for which scholarship money was awarded.

(g) The commission staff may make scholarship award disbursements electronically or in another format that provides scholarship proceeds directly to the institution rather than by warrants payable to individual students.

(h) Scholarship award payments to institutions will be made in at least two disbursements, with the first payment made at the start of the first term of attendance and the second payment made at the start of the second term of attendance, or the equivalent. For non-term programs, the second disbursement will be made at the earlier of 60 days after the program start date or the midpoint of the program. Institutions must certify the student's continuing eligibility in order for the commission to make the second disbursement in any academic year.

(i) Before disbursing scholarship money to the student, an eligible institution shall certify to the commission that the institution's records indicate that, at the time of disbursement,

(1) the student is eligible for disbursement under 20 AAC 16.210;

(2) the student is a resident of this state; and

(3) the institution is not disbursing money in excess of the student's costs of attendance, as calculated according to

(A) the institution's published budget for the number and type of credit hours, or career and technical school program, in which the student is enrolled, or

(B) the student's documented actual costs of attendance for the number and type of credit hours, or career and technical school program, in which the student is enrolled.

(j) For a student enrolled in more than one institution, the degree-granting institution shall make the certifications required in this section.

(k) If a scholarship recipient becomes eligible for a refund from the institution in excess of $50, or it is determined that the student is overawarded in excess of $50, the institution shall refund or return scholarship money to the commission no later than 30 days after the date the overaward was noted or the student became eligible for a refund.

(l) No later than 30 days after receipt of scholarship money, an institution shall return to the commission any of that money not credited to the student's account or otherwise disbursed to the student.

(m) An ineligible award recipient is subject to AS 14.43.920.

History

Authority: AS 14.42.030; AS 14.43.825 AS 14.43.810; AS 14.43.830
Eff. 1/1/2011, Register 196; am 4/4/2013, Register 206

20 AAC 16.230 Applicant loss of eligibility; requirements to regain eligibility

An applicant who fails to meet the requirements of 20 AAC 16.210 becomes ineligible for subsequent scholarship award disbursements until the applicant documents having earned the number of annual credits required under 20 AAC 16.210(a)(2) and meeting the grade point average requirements of 20 AAC 16.210(a)(3).

History

Authority: AS 14.42.030; AS 14.43.810; AS 14.43.820
Eff. 1/1/2011, Register 196

20 AAC 16.235 Institutional eligibility and responsibilities

(a) An institution eligible to participate in the Alaska performance scholarship program must

(1) have an authorization or exemption under AS 14.48 and 20 AAC 17;

(2) meet the requirements of AS 14.43.830;

(3) enter into a program participation agreement with the commission, including the institution's agreement to

(A) verify and certify student eligibility for scholarship awards for each term of enrollment; and

(B) allow commission staff to audit school records related to management of scholarship money and student eligibility determinations as determined necessary by the executive director;

(4) provide third-party documentation of institutional financial soundness and capacity to comply with the fiduciary responsibility for administering state scholarship money; and

(5) provide the commission with documentation and information the executive director considers necessary to determine whether the school is eligible to participate, including

(A) documentation of participation in a method of electronic funds transfer and electronic data exchange approved by the commission;

(B) documentation of compliance with the program participation agreement and applicable state and federal statutes and regulations relevant to institutional financial, administrative, and academic capacity; and

(C) periodic reports to the commission as needed by the executive director to reconcile scholarship program data, to report on program completion rates and other award recipient outcomes, and to obtain information needed to meet the requirements of AS 14.43.840.

(b) For purposes of this section, third-party documentation of institutional soundness and capacity to comply with the fiduciary responsibility for administering state scholarship money is demonstrated by presenting annually

(1) a consumer report for the institution's owner indicating an absence of negative public records or failure to meet obligations; and

(2) institutional financial statements

(A) prepared in conformity with generally accepted accounting principles and audited by an independent public accounting firm for the most recently completed fiscal year; and

(B) documenting access to income and working capital sufficient to document that the institution is a going concern.

(c) An institution that does not provide the documentation required in (b)(2) of this section may qualify to administer scholarship money by providing educational institution surety bonding, executed solely in favor of and filed with the commission in an amount equal to total instructional expenses to be paid to the institution by award recipients attending the upcoming academic year or vocational period.

(d) An institution is exempt from the requirements of (a)(4) of this section if the institution does not demonstrate any of the circumstances described in (e) of this section, and if the institution

(1) has an authorization under AS 14.48 and 20 AAC 17; or

(2) is accredited by a regional or national accrediting body that the United States Secretary of Education recognizes under 34 C.F.R. Part 602.

(e) An institution that participates in the Alaska performance scholarship program becomes ineligible to participate in the program upon

(1) loss of accreditation, if applicable;

(2) failure to comply with applicable career and technical school program requirements in 8 AAC 81;

(3) failure to submit required reconciliation reports, outcomes reports, or related documentation to commission staff in accordance with applicable deadlines; or

(4) a commission audit finding that the institution lacks the financial, administrative, or academic capacity to successfully administer the scholarship program.

(f) For purposes of this section, a commission audit finding that an institution lacks the financial, administrative, or academic capacity to successfully administer the Alaska performance scholarship program includes a finding of fraud, an inability to document how scholarship money is managed and disbursed, or a consistent and sustained failure to adhere to law applicable to the scholarship program.

(g) Institutional staff shall certify that the institution's records document that the applicant meets requirements for an award, including

(1) that the applicant meets the applicant eligibility requirements set out in 20 AAC 16.210;

(2) that the applicant has qualifying unmet financial need in accordance with 20 AAC 16.220; and

(3) the award amount for which the applicant qualifies, in accordance with 20 AAC 16.220.

(h) For purposes of AS 14.43.830(a)(1) and (2), a postsecondary education institution is physically located in the state if the campus, teachers, classrooms, school administrators, and equipment used to provide the education to students are physically present in the state. Use of electronic materials by teachers in the state does not disqualify a postsecondary institution even if the materials are generated outside the state. However, a distance-delivered program that is administered from outside the state is not physically located in the state even if the program is delivered by teachers or equipment in the state.

History

Authority: AS 14.42.030; AS 14.43.825; AS 14.43.840 AS 14.43.810; AS 14.43.830
Eff. 1/1/2011, Register 196; am 2/21/2014, Register 209; am 2/22/2015, Register 213

20 AAC 16.237 Institutional advisory program

For the purposes of AS 14.43.830(a)(1)(C), a qualifying advisory program is any mandatory program provided by the institution that advises or counsels students with respect to the appropriate courses specific to each individual student's academic progress and options at the institution of attendance, is designed to minimize the time required to earn a degree or certificate, and is designed to maximize the student's benefit from the program of study. The program may be delivered in person or electronically, and must provide, at a minimum, advising relative to course selection, academic progress, time remaining to program completion, career options available to students who complete the program, and options to receive assistance with personal challenges. The institution must be able to document each student's participation in the advisory program.

History

Authority: AS 14.42.030; AS 14.43.810; AS 14.43.830
Eff. 7/19/2013, Register 207

20 AAC 16.238 Courses and credits

For the purposes of AS 14.43.830(a)(1)(D), to comply with the requirement to provide courses and credits that can result in the issuance of a degree or certificate available at the institution within a time frame expected for that degree or certificate, an institution must

(1) publish in its annual catalog the expected time to complete the program, based on the planned sequence of course offerings at that institution;

(2) clearly indicate any courses that must be taken in specific sequence or that are not offered each term, and the impact on meeting the timeline for a student who does not complete the courses in the recommended order or at the recommended times; and

(3) provide options for independent study, course substitution, transfer from other institutions, or similar options, at no additional cost to the student, if the institution is not able to offer the courses required in order to meet the timeline published under (1) of this section.

History

Authority: AS 14.42.030; AS 14.43.810; AS 14.43.830
Eff. 7/19/2013, Register 207

20 AAC 16.240 Complaints and appeals

Complaints and appeals regarding commission's administration under 20 AAC 16.205 - 20 AAC 16.250 of the Alaska performance scholarship program will be considered under 20 AAC 15.915.

History

Authority: AS 14.42.030; AS 14.43.810
Eff. 1/1/2011, Register 196

20 AAC 16.250 Costs of attendance

(a) For purposes of AS 14.43.825(e) and 20 AAC 16.205 - 20 AAC 16.250, costs of attendance for a full-time or on-time student include

(1) tuition and required fees;

(2) required books, supplies, and equipment;

(3) transportation;

(4) room and board; and

(5) an allowance for personal expenses, as approved by the executive director.

(b) for students enrolled less than full-time, allowable costs of attendance are

(1) tuition and required fees; and

(2) required books, supplies, and equipment.

History

Authority: AS 14.42.030; AS 14.43.810
Eff. 1/1/2011, Register 196; am 4/6/2018, Register 226

Article 3 General Provisions

20 AAC 16.900 Definitions

(a) Unless otherwise provided or the context requires otherwise, the definitions in 20 AAC 15.990 apply to the terms of this chapter.

(b) In this chapter, unless the context requires otherwise,

(1) "academic year" means the period of time described in 34 C.F.R. 668.3;

(2) repealed 2/22/2015;

(3) repealed 2/13/2026;

(4) repealed 2/22/2015;

(5) "ISIR" means the Institutional Student Information Record, which is the data generated by the United States Department of Education's processing of the FAFSA, as defined in 34 C.F.R. 668.2(b);

(6) "school year" has the same meaning as "academic year" in this subsection;

(7) repealed 2/22/2015;

(8) repealed 4/4/2013;

(9) "Alaska performance scholarship program" means the scholarship program established under AS 14.43.810 - 14.43.849;

(10) "credit hour" means the basic unit of collegiate instruction at an institution, as defined by the institution's accrediting body;

(11) repealed 2/22/2015;

(12) "Student Aid Index (SAI)" means the eligibility index number provided by the United States Department of Education as calculated from information provided on the Free Application for Federal Student Aid (FAFSA) that represents a student's financial need; a negative SAI indicates the student has a higher financial need.

History

Authority: AS 14.42.030; AS 14.43.405; AS 14.43.810
Eff. 6/13/80, Register 74; am 11/27/86, Register 100; am 2/20/2005, Register 173; am 12/28/2008, Register 188; am 1/1/2011, Register 196; am 11/16/2012, Register 204; am 4/4/2013, Register 206; am 2/22/2015, Register 213; am 2/13/2026, Register 257

Chapter 17 Regulation of Postsecondary Educational Institutions

Article 1 Authorization to Operate and Agent’s Permits

20 AAC 17.010 Applicability of chapter

Repealed 7/11/87.

20 AAC 17.015 Exemptions

(a) Except as provided in (d) of this section, the commission staff shall exempt from the authorization provisions of AS 14.48 and this chapter the following educational programs, and institutions providing only the following educational programs:

(1) a program sponsored by and conducted solely for the members of a bona fide trade, business, professional, labor, or fraternal organization that is maintained in good faith for purposes other than operating an educational institution;

(2) a program that does not offer educational credentials;

(3) a program that is continuing professional education offered solely as preparation for tests leading to certification in specific disciplines, but not purporting to provide occupational competencies;

(4) a program or institution that is operated by another state agency or political subdivision of the state;

(5) a program that is regulated by another agency or political subdivision of the state that sets and enforces standards equivalent to AS 14.48.060;

(6) a short course of study that is not more than 15 days or 120 hours in duration, including all required class, laboratory, externship, and independent study hours;

(7) a program that is provided without charging tuition or fees, except for the actual cost of materials and supplies needed to successfully meet the learning objectives of the program;

(8) a program that does not result in the awarding of a degree, and that is sponsored by and conducted solely for the membership of a bona fide religious organization;

(9) a flight-training course that maintains current certification under 14 C.F.R. Part 141 or 142;

(10) an apprenticeship or other on-the-job training program through which the trainee is a paid employee and does not pay tuition, and that is offered by an entity that is not a postsecondary educational institution;

(11) an online or distance delivered program that does not have a physical presence within the state.

(b) An institution that qualifies for exemption from authorization under (a)(l) - (10) of this section and that requires a certificate of exemption shall submit an application provided by the commission and pay the fee described in 20 AAC 17.055(a). The requested certification expires five years from the exemption certification date or when programs change from that which was described in the application for exemption. An application that qualifies for exemption from authorization under (a)(11) of this section shall submit an application provided by the commission and pay the fee described in 20 AAC 17.055(a). An institution that qualifies under (a)(11) of this section must reapply biennially and certify that the educational programs and institution continue to meet requirements for exempt status under this section.

(1) a fraternal organization is a civic, service, or charitable organization in the state, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, fellowship, or other interest of its members; the term does not include a college or high school fraternity;

(2) a labor organization is one, not for pecuniary profit, that is constituted to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employees;

(3) a trade, business, or professional organization is one, not for pecuniary profit, that is composed of persons all of whom are or were actively engaged in the same trade, business, or profession;

(4) a religious organization is one that is tax-exempt under 26 U.S.C. 501(c)(3) as a religious organization and that offers and provides postsecondary education solely in the form of religious training to persons who hold or seek to learn the particular religious faith or beliefs of that religious organization;

(5) a short course of study is one that

(A) results in its own certificate or credential and is not part of a sequence of classes for which the institution of enrollment awards any program credential or certificate;

(B) does not include a requirement that students register for or make a financial commitment to a longer program in addition to the individual class;

(D) is not advertised as leading to any professional credential or certification for which the certifying entity publishes a curriculum that exceeds 120 hours.

(d) An institution exempted under this section from some of the requirements of AS 14.48 and this chapter is not exempted from the requirements of AS 14.48.060(b), 14.48.130, 14.48.150, 14.48.170, and 14.48.180 - 14.48.210 and the regulations in this chapter that implement, interpret, or make specific those sections. An institution exempted from authorization requirements under (a)(1) or (8) of this section must include a conspicuous statement on marketing, admissions, enrollment materials, and certificates or diplomas setting out verbatim (a)(1) or (8) of this section, whichever is applicable, and informing that the institution is exempt from authorization requirements under AS 14.48 and this chapter. An institution exempt from authorization requirements under (a)(11) of this section must include a conspicuous statement on the institution's marketing in the state, indicating that the program is exempt from authorization under AS 14.48 and this chapter, because the program is online or distance delivered and the institution does not have a physical presence in the state.

(e) An institution exempted from authorization provisions of AS 14.48 and this chapter must retain the document required under AS 14.48.165(b) for a period of at least one year after the student's last date of attendance.

(f) Upon written application to the commission documenting that the applicant qualifies under this subsection, the commission staff shall exempt from 20 AAC 17.205 - 20 AAC 17.255 an institution that

(1) is regionally or nationally accredited; and

(2) is a branch campus of an out-of-state institution that is authorized to operate in its home state.

(g) The commission may request documentation of an institution's qualification for exemption from authorization under this chapter at any time.

History

Authority: AS 14.42.030; AS 14.48.030; AS 14.48.210 AS 14.48.020; AS 14.48.050
Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 1/30/87, Register 101; am 9/15/88, Register 107; am 3/25/90, Register 113; am 5/4/90, Register 114; am 10/11/95, Register 136; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 10/18/2007, Register 184; am 12/29/2010, Register 196; am 10/3/2011, Register 200; am 2/21/2014, Register 209; am 2/22/2015, Register 213; am 9/18/2022, Register 243

20 AAC 17.016 Participation in the National Council for State Authorization Reciprocity Agreements

(a) The commission is the state approving agency for institutions domiciled in the state that seek to operate under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreements (W-SARA). An institution domiciled in the state must apply for approval to operate under W-SARA, upon a form provided by the commission. To qualify for approval, the institution must

(1) be domiciled in the state; and

(2) annually document compliance with the terms of institutional participation adopted by reference in (e) of this section, including

(A) regional or national accreditation;

(B) classification by the United States Department of Education, Institute of Education Sciences, National Center for Education Statistics as a degree granting institution; and

(C) if the institution is a private institution, documentation of an institutional federal financial responsibility score of 1.5 or higher or a qualifying exception from the United States Department of Education under 20 U.S.C. 1099c(c).

(b) An institution domiciled outside the state is exempt from authorization under AS 14.48 and from all provisions of 20 AAC 17.015 if approved to deliver distance education to residents of this state under a state authorization reciprocity agreement (SARA) by the state in which the institution is domiciled.

(c) Complaints from out-of-state students participating in distance education delivered by an in-state institution authorized by the commission and accepted for participation in W-SARA will be handled in accordance with 20 AAC 17.130 - 20 AAC 17.145.

(d) Complaints from out-of-state students participating in distance education delivered by an institution governed by the University of Alaska Board of Regents and accepted for participation in W-SARA will be handled by the University of Alaska and may be appealed to the commission as the state's W-SARA approving agency.

(e) For purposes of this section, the definitions and terms of participation set out in the National Council for State Authorization Reciprocity Agreements, State Authorization Reciprocity Agreements: Policies and Standards, November 18, 2013 edition, are adopted by reference.

History

Authority: AS 14.42.030; AS 14.48.030; AS 14.48.070 AS 14.48.020; AS 14.48.050
Eff. 9/4/2014, Register 211

20 AAC 17.018 Appeal process

(a) An applicant who is denied an exemption under 20 AAC 17.015, denied participation in W-SARA under 20 AAC 17.016, or assessed a late fee under 20 AAC 17.055(a)(6) may submit a request for reconsideration in writing to the executive director not later than 30 days after notification of the action. The request for reconsideration must clearly state each objection to the action, the justification for each objection, and the reasons why the applicant is entitled to the requested relief under AS 14.48 and this chapter. The executive director may request additional information from the applicant and shall mail or distribute a written determination not later than 30 days after receipt of the request for reconsideration.

(b) Not later than 30 days after the mailing or distribution of the executive director's decision on the request for reconsideration, the applicant may submit a written request to the commission for a hearing on appeal. The hearing shall be conducted in accordance with AS 44.62 (Administrative Procedure Act) by the office of administrative hearings (AS 44.64.010). The request for a hearing must clearly state each objection to the action and the justification for each objection. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the requested relief under AS 14.48 and this chapter.

(c) The appellant's status as a participant or non-participant under 20 AAC 17.016 remains unchanged during any reconsideration or appeal process.

History

Authority: AS 14.48.020; AS 14.48.050; AS 14.48.100 AS 14.48.030; AS 14.48.090; AS 14.48.110
Eff. 4/27/2001, Register 158; am 12/31/2005, Register 176; am 5/21/2021, Register 238; am 9/18/2022, Register 243

20 AAC 17.020 Application for authorization to operate

(a) A person or entity that wishes to operate a postsecondary educational institution in the state, and that does not meet the exemption criteria set out in 20 AAC 17.015(a), must apply to the commission for authorization, using an application provided by the commission.

(b) The complete application, including the fee required by 20 AAC 17.055(a), evidence of bonding, cash deposit, or other security required by 20 AAC 17.045, and all required forms and documents, must be received by the commission at least 90 days before the next scheduled commission meeting.

(c) Upon receipt of the required application, materials, and fees, the commission staff shall review the submittal for compliance with AS 14.48 and this chapter. The commission staff shall notify the applicant of any deficiencies and shall establish a deadline for receipt of any additional materials.

(d) The commission staff may assess a late fee, in accordance with 20 AAC 17.055(a), if an institution fails to provide the information necessary to complete an application on or before the deadline set by the commission staff. An incomplete application may be deferred to the next regularly scheduled commission meeting.

(e) The commission staff shall establish a date for on-site evaluation during the application period.

(f) The commission will approve, approve with conditions, deny, or grant a continuation period to provide additional supporting documentation for an incomplete application. The initial authorization period may not exceed 18 months.

(g) In its review of the content of education programs and curricula of a religious nature, the commission will not address the merits of the religious teachings.

(h) In order to determine academic soundness, the commission may engage one or more third-party experts in each field for which the applicant is applying to instruct. The applicant shall bear the cost of the expert review and shall pay the cost before the commission considers the application.

History

Authority: AS 14.42.030; AS 14.48.070 AS 14.48.050; AS 14.48.090
Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 3/16/91, Register 117; am 10/11/95, Register 136; am 8/26/98, Register 147; am 4/20/2000, Register 154; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.025 Renewal of authorization to operate

(a) A request for renewal of an authorization to operate, including a completed application and accompanying documents, must be submitted, on forms provided by the commission, at least 90 days before the date on which the institution's current authorization is scheduled to expire. The commission staff may assess a late fee, in accordance with 20 AAC 17.055(a), if an institution fails to provide the information on or before the deadline.

(b) An institution must have enrolled students during its current authorization period or document pending enrollments for the upcoming period in order to be considered for renewal of an authorization to operate.

(c) The commission staff shall review the application for completeness. Upon review, if the application is not complete, the commission staff shall inform the applicant of any deficiencies and shall establish a deadline for receipt of any additional materials.

(e) An incomplete application may be deferred to the next regularly scheduled commission meeting. During this period, the institution with the incomplete application may not operate other than under an approved teach-out plan until the commission authorizes the renewal.

(f) The commission staff shall establish a date for on-site evaluation during the authorization period.

(g) The commission will approve, approve with conditions, deny, or grant a continuation period to provide additional supporting documentation for an incomplete application. Renewal of authorization may be for a period of up to five years.

History

Authority: AS 14.42.030; AS 14.48.070 AS 14.48.050; AS 14.48.090
Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 4/27/2001, Register 158; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.030 Application for agent's permit

(a) A person or entity desiring to function as an agent or independent recruiter shall apply to the commission for an agent's permit. The complete application as required under AS 14.48.080(a), including the fee required by 20 AAC 17.055(b), evidence of bonding, cash deposit, or other security required under 20 AAC 17.045, and all forms and documents required by the application instructions, must be received by the commission at least 90 days before the next scheduled commission meeting.

(b) Upon receipt of the completed application, accompanying documents, appropriate fees, and evidence of bonding, the commission staff shall place the application on the commission's agenda for review and action. The commission will notify the applicant in writing of its decision.

(c) An agent's permit is nontransferable and is issued for terms of between six months and two years. However, under no circumstances will the agent's permit remain valid beyond the expiration date of the authorization to operate for the institution which the agent represents if such authorization is required.

(d) For purposes of this section, an agent who is a bona fide employee of a postsecondary educational institution authorized to operate in this state or exempted from authorization, and who acts as an agent only in the scope of the agent's employment with the postsecondary educational institution, is exempt from the agent permit requirement of this section.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.080
Eff. 12/30/77, Register 64; am 10/11/95, Register 136; am 8/26/98, Register 147; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.035 Renewal of agent's permit

An agent's permit must be renewed periodically. Requests for renewal must be submitted on forms provided by the commission at least 90 days before the expiration date of the permit.

History

Authority: AS 14.48.050; AS 14.48.080
Eff. 12/30/77, Register 64; am 12/29/2010, Register 196

20 AAC 17.040 Status changes

(a) In the event of a change in an institution's mission, educational program, program delivery methods, tuition charged, or fees charged, or a change of physical location of the school or any of its facilities, the institution and its agents shall notify the commission in writing of the change at least 90 days before the effective date of the change or as soon as plans for change are known. The institution shall provide copies of communication from accrediting agencies or oversight bodies that document changes in status that depart from the information provided with the most recent authorization application.

(b) A change described in (a) of this section, or any departure from program information specified in the institution's most recent authorization application must be approved by the commission before implementation, except that the commission staff may administratively approve a change in curriculum, instructional delivery method, or senior management, if the change is not significant. The institution shall notify the commission staff before the change.

(c) An institution with an authorization to operate shall notify the commission before entering into contracts or negotiations related to sale of the institution. At least 30 days before the effective date of a change of ownership of an institution, the new owner shall submit an application for initial authorization and application fee. The completed application must include the required fee under 20 AAC 17.055(a), a description of any changes to be made at the institution as a result of the change in ownership, the effective date of the change, and a statement of the assets and obligations that will be transferred. Upon determination that the application is complete, the commission staff shall place the application on the agenda for the next commission meeting. An institution that administers financial aid on behalf of the commission must have a change in ownership approved in order to be eligible to continue to administer that aid. Upon approval by the commission, the commission will issue to the institution an authorization to operate.

(d) In the event of a change of ownership for an institution that is authorized to participate in federal student aid programs under 20 U.S.C. 1001 - 1155 (Title IV of the Higher Education Act of 1965), the institution shall submit evidence of continued authorization by the secretary of the United States Department of Education, including copies of application materials submitted to the United States Department of Education for continued authorization after the change of ownership.

(e) Repealed 9/18/2022.

(f) An authorization to operate an institution is restricted to the fields or courses specifically indicated in the application for authorization. The holder of an authorization shall present a program amendment application and the fee required by 20 AAC 17.055(a) for approval of additional fields or courses in which the holder seeks to offer instruction. An institution may offer courses of study only at locations for which it has been approved.

(g) For the purposes of this section, "ownership" means a controlling interest held by a person, including a partnership or corporation, in an educational institution.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 12/30/77, Register 64; am 3/15/85, Register 93; am 6/27/87, Register 102; am 10/11/95, Register 136; am 3/13/96, Register 137; am 8/26/98, Register 147; am 4/20/2000, Register 154; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 11/24/2007, Register 184; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.045 Bonding requirements

(a) Except as provided in (e) of this section, a postsecondary educational institution and an agent shall post a surety bond, a cash deposit, or commission-approved negotiable securities as required by AS 14.48.100 and in an amount determined under this section. The surety bond, cash deposit, or negotiable securities must be executed solely in favor of and filed with the commission. The commission may increase or decrease the bonding requirement to conform to the level set in (b) of this section or 20 AAC 17.102 based on updated financial or other information.

(b) Except as provided in 20 AAC 17.102, the amount of the required surety bond, cash deposit, or commission-approved negotiable securities is based, for an existing institution, upon the highest amount of revenue received by the institution for all students enrolled in all programs during an academic or a vocational program period, in the most recent calendar, or fiscal, 12-month period; or for new institutions or institutions that have added or deleted programs, the highest amount of revenue that the commission staff projects will be earned by the institution for all students enrolled in all programs during an academic or a vocational program period in the upcoming academic year. The amount of the bond is determined as follows:

POSTSECONDARY EDUCATIONAL INSTITUTIONS Institution RevenueBond AmountUp to $25,000$ 5,000$ 25,001 - $ 50,000$ 10,000$ 50,001 - $100,000$ 20,000$100,001 - $150,000$ 30,000$150,001 - $200,000$ 40,000$200,001 - $250,000$ 50,000$250,001 - $300,000$ 60,000$300,001 - $400,000$ 80,000$400,001 - $500,000$100,000$500,001 - $750,000$150,000$750,001 - $1,000,000$200,000$1,000,001 and above$250,000

AGENTS Institution RevenueBond AmountUp to $ 25,000$ 2,500$ 25,001 - $50,000$ 5,000$ 50,001 - $100,000$10,000$100,001 - $150,000$15,000$150,001 - $200,000$20,000$200,001 - $250,000$25,000$250,001 - $300,000$30,000$300,001 - $350,000$35,000$350,001 - $400,000$40,000$400,001 - $450,000$45,000$450,001 and above$50,000

(1) institutions must include revenues received for all students, including those enrolled in programs otherwise exempt from this chapter;

(2) a flight school must include revenues for its private pilot, commercial pilot, and ratings programs; and

(3) the calculation of institution revenues must include all revenues received from all funding sources for all commodities and services provided by the institution as part of its provision of postsecondary education, including tuition and fees, books and materials, and room and board.

(d) A negotiable security filed with the commission in place of a bond will not be released by the commission until at least six months after the end of the enrollment period for which the security is filed or at least six months after the date the institution or agent ceases operations, whichever comes first. If a complaint has been filed, or action is pending on a complaint filed, relative to the enrollment period covered by the security, the security will not be released until the complaint has been resolved or final action has been taken.

(e) An agent who is a bona fide employee of a postsecondary educational institution authorized to operate in this state or exempted from authorization, and who acts as an agent only in the scope of the agent's employment with the postsecondary educational institution is exempt from the agent bonding requirements in (b) of this section.

(f) Institutions may meet bonding requirements through participation in an institutional surety pool, training assurance pool, or tuition recovery fund approved by the commission.

(g) A certificate of deposit or other negotiable instrument offered by a postsecondary educational institution authorized to operate in Alaska must be established either for the period of authorization plus six months or be automatically renewable, and must meet liquidity requirements approved by the executive director of the commission.

(h) Repealed 9/18/2022.

(i) Repealed 9/18/2022.

(j) Repealed 9/18/2022.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.100
Eff. 3/6/86, Register 97; am 5/8/88, Register 106; am 9/15/88, Register 107; am 12/8/88, Register 108; am 5/4/90, Register 114; am 8/18/91, Register 117; am 4/24/98, Register 146; am 8/26/98, Register 147; am 4/20/2000, Register 154; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 2/22/2015, Register 213; am 9/18/2022, Register 243

20 AAC 17.050 Bonding requirements - agent

Repealed 3/6/86.

20 AAC 17.055 Fees

(a) An institution shall pay fees required under 20 AAC 17.015 - 20 AAC 17.040 and 20 AAC 17.062 by check or other approved electronic method as follows:

(1) application fee for initial authorization, or change in ownership under 20 AAC 17.040(c), $2,750 for up to three programs, plus $750 for each additional program, but no more than $5,000;

(2) annual reporting fee to retain authorization, 1.2 percent of the total annual tuition and fee receipts in the most recent annual reporting period, in an amount of at least $400, but no more than $1,000;

(3) fee to amend an authorization to change an institution's mission, to add a site inspection, or to add a new program, $750 each;

(4) fee to amend an authorization for a change of the school site or any of its facilities, $500;

(5) application fee for an exemption under 20 AAC 17.015, $250;

(6) late fees under 20 AAC 17.020(d), 20 AAC 17.025(a) and (d), and 20 AAC 17.062, $250; and

(7) fee for an administrative approval as to curriculum, instructional delivery method, or change in senior management necessary to maintain authorization, and not requiring action by the commission, $200.

(b) An agent or independent recruiter shall pay the following fees:

(1) application fee for an initial agent's permit, $500; and

(2) application fee for renewal of an agent's permit, $250.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.100 AS 14.48.030; AS 14.48.090
Eff. 12/30/77, Register 64; am 8/20/86, Register 99; am 4/24/98, Register 146; am 12/31/2005, Register 176; am 2/24/2011, Register 197; am 9/18/2022, Register 243

20 AAC 17.060 General operating standards

(a) In addition to the minimum standards prescribed in AS 14.48.060, an institution operating, or seeking authorization to operate, in Alaska shall adhere to the following general academic standards:

(1) an institution that offers postsecondary education at a noncredit, continuing-education level for which continuing-education units (CEUs) are awarded shall use the standard measure for a continuing-education unit, which is one unit for every 10 contact hours of participation in an organized continuing-education experience under responsible sponsorship, capable direction, and qualified instruction;

(2) an institution that offers postsecondary education for which credit is awarded shall meet the criteria for clock hour to credit hour conversion specified in 34 C.F.R. 600.2 and 668.8(k);

(3) repealed 10/11/95;

(4) an institution that offers collegiate-level degrees of masters and beyond will be treated on a case-by-case basis and will be thoroughly studied and reviewed by the commission before an authorization decision is made;

(5) a postsecondary education institution that is not degree granting shall describe its programs in clock hours except as provided in this section; and

(6) an accredited postsecondary educational institution that does not grant a degree may describe its programs in either clock hours or in credit hours as long as the credit hours are measured according to the standards set by the accrediting agency.

(b) Repealed 9/18/2022.

(c) An institution must have a clear and explicit statement of institutional purpose that describes measurable goals or outcomes.

(d) An institution shall provide a program consistent with the statement of institutional purpose.

(e) An institution shall establish and maintain minimum admission standards to determine that a prospective student is qualified to study in a course or program with a reasonable likelihood of success. If the field for which the student is to train requires the individual to meet specific requirements for occupational licensing under AS 08 or for employment, an institution shall assess the prospective student's ability to obtain qualifications in those areas. If the generally accepted employment standards of the field of study or AS 08 do not allow individuals to practice or obtain employment based on criminal background, health history, or the absence of particular qualifications, an institution shall require documentation of the prospective student's qualification in these areas before enrollment. An institution must demonstrate to the commission that its admission requirements establish a standard of competency, knowledge, and aptitude allowing a prospective student to complete the program of study and obtain employment in the field for which the training is preparatory. An institution providing instruction in an occupation for which licensure under AS 08 is required must document that the instruction offered by the institution meets the requirements of AS 08 applicable to that occupation, or must clearly indicate that the instruction is only avocational.

(f) A student may not be required to be employed as a course requirement, unless the commission determines that it is reasonably necessary to gain practical experience.

(g) An institution authorized to operate under this chapter shall operate in accordance with generally accepted good business practices and standards and in accordance with all applicable laws. If general liability insurance is not provided by a third party, a school shall maintain general liability insurance. A school maintaining a program in which the students, in the course of their instruction, work or study with, near, or in close proximity to equipment or training devices that could cause bodily harm or damage to the student shall also maintain accident insurance.

(h) Before a school is authorized to operate under this chapter, it must provide evidence of compliance with applicable state, municipal, and federal licensing, zoning, health, and safety requirements.

(i) Repealed 9/18/2022.

(j) Repealed 9/18/2022.

(k) Repealed 9/18/2022.

(l) Repealed 9/18/2022.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 12/30/77, Register 64; am 5/10/78, Register 66; am 3/15/85, Register 93; am 8/20/86, Register 99; am 1/30/87, Register 101; am 3/25/90, Register 113; am 5/4/90, Register 114; am 10/11/95, Register 136; am 6/13/97, Register 142; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 12/29/2010, Register 196; am 6/24/2012, Register 202; am 2/21/2014, Register 209; am 9/18/2022, Register 243

20 AAC 17.062 Annual reporting standards

(a) An authorized institution shall annually submit, with the fee described in 20 AAC 17.055(a), in a format provided by the commission, a report for each education program offered. The report must include annual performance indicators in accordance with this section, documentation of financial soundness in accordance with 20 AAC 17.102, surety in compliance with 20 AAC 17.045, and documentation of life safety requirements in conformance with 20 AAC 17.060. Institutions that report to the United States Department of Education, National Center for Education Statistics' Integrated Postsecondary Education Data System (IPEDS) are not required to provide annual performance reports unless there has been a change from what was reported to IPEDS. Annual reporting is due on or before January 31. The commission staff may assess a late fee, in accordance with 20 AAC 17.055(a), if an institution fails to provide the information on or before the required date.

(b) A career, technical, or vocational institution authorized by the commission shall provide, on an annual basis and on a form provided by the commission, the following information by institution and program:

(1) the number of students enrolled;

(2) demographic statistics, including race, gender, and age;

(3) the number of students who withdrew;

(4) the number of students who were unable to complete due to circumstances beyond their control, including

(A) death; or

(B) mobilization of the branch of the United States armed forces in which the students serve;

(5) the number of students who completed;

(6) the type and number of credential awarded, including degrees, certificates, and other diplomas;

(7) the number of students who completed their program within 150 percent of the normal or expected time for completion;

(8) the number of graduates placed for employment, if the institution offers a placement service; and

(9) the number of graduates taking professional licensure examinations, and the pass rate for those graduates.

(c) Data must include all students enrolled at the institution during the 12 months beginning July 1 and ending June 30 of the year before the report.

(d) An institution that offers an employment placement service shall maintain in the student's file written evidence of the placement that includes the date of employment, the employer name, contact information, and the graduate's job title.

(e) An institution with average annual institutional or individual program withdrawal rates exceeding 25 percent or annual average institutional or individual program placement rates less than 70 percent shall provide a written explanation of the circumstances contributing to these rates and describe what actions the institution will take to lower the withdrawal rates or increase the placement rates.

(f) An institution shall request graduates to complete a commission-approved exit survey, developed by the institution, to assess satisfaction with the program and the institution. The institution shall maintain the completed exit surveys for review by the commission upon request.

(g) A career, technical, or vocational institution authorized by the commission shall maintain substantiating documentation for reports prepared under (b) of this section, and, upon request, provide the documentation to the commission.

(h) An institution shall provide reports prepared under this section to prospective students upon request.

(i) The commission staff shall use the information collected under this section to calculate statistics. The commission may make data collected under this section or results of commission calculations publically available.

History

Authority: AS 14.42.030; AS 14.48.060; AS 14.48.090 AS 14.48.050; AS 14.48.070
Eff. 6/13/97, Register 142; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 11/24/2007, Register 184; am 12/29/2010, Register 196; am 9/18/2022, Register 243; am 2/13/2026, Register 257

20 AAC 17.065 Institutional and course names

(a) A postsecondary educational institution may not use any name, label, insignia, or designation which is misleading or deceiving with respect to the nature of the school, its accreditation, programs of instruction, or methods of instruction.

(b) Except as otherwise provided in this section, a postsecondary educational institution may not use the term "university" or "college" in its name unless it is accredited and meets the following minimum standards, respectively:

(1) a postsecondary educational institution offering a baccalaureate degree, in more than one academic field area and a graduate degree in at least one academic field and having a dedication to research and the expansion of knowledge as one of its major institutional goals may use the term "university";

(2) a postsecondary educational institution offering a baccalaureate degree in at least one academic field area may use the term "college";

(3) a postsecondary educational institution offering associate degrees awarded by that institution may use the term "junior college" or "career college";

(4) a public postsecondary educational institution offering associate degrees may use the term "community college"; and

(5) repealed 9/23/2006;

(6) a postsecondary institution not meeting (1) - (4) of this subsection, but whose use of the terms "college," "junior college," "community college," or "university" has been approved by the commission before November 5, 1992 may continue to use the approved term.

(c) An institution may only use the term "advanced" in the name of the institution or course title for training, beyond the basic level as determined by the commission, that

(1) enhances or upgrades preexisting professional or occupational skills;

(2) requires as a prerequisite the completion of a basic or intermediate level course; or

(3) is required for advanced licensure by a state licensing board or commission.

(d) Repealed 12/31/2005.

(e) A school or branch of a school otherwise exempt from regulation by the commission under state law, and substantially owned, operated, or supported by a church or religious organization and exempt from taxation under 26 U.S.C. 501(c)(3) as a religious organization, may use the terms "college" or "university" with terms describing its religious focus, such as "Bible College" or "Theological University," if that school or branch of a school meets the following:

(1) its programs are designed for, aimed at, and attended by persons who hold or seek to learn the particular religious faith or beliefs of that church or religious organization;

(2) its programs are intended to prepare its students to become ministers of, to enter into some other vocation closely related to, or to conduct their lives in accordance with the particular faith or beliefs of that church or religious organization; and

(3) its advertisements, solicitations, and representations to students or prospective students are clearly limited to the program purposes described in this subsection, and do not advertise or represent the provision of general educational programs or of their programs as being substantially similar or equivalent to those institutions meeting the requirements of 20 AAC 17.020 - 20 AAC 17.030 and 20 AAC 17.205 - 20 AAC 17.255.

(f) A school or branch of a school that is formally controlled, or has been formally sanctioned or chartered by the governing body of an Alaska Native village or regional corporation, as defined in or established under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act), may use the terms "college" or "university" with terms describing its native cultural identity, if that school or branch of a school meets the following:

(1) its programs are designed for, aimed at, and attended by Alaska Natives or persons who seek to learn Alaska Native culture;

(2) its programs are intended to prepare its students to enter some vocation closely related to, or to conduct their lives in accordance with, the Alaska Native culture; and

History

Authority: AS 14.42.030; AS 14.48.050 AS 14.48.020; AS 14.48.060
Eff. 12/30/77, Register 64; am 11/5/92, Register 124; am 10/11/95, Register 136; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 9/23/2006, Register 179; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.070 Advertisement and solicitation

(a) Institutions and agents may not engage in solicitation of students by making claims concerning the training, instruction, course content, facilities, instructor qualifications, or placement that are not truthful and demonstrable and based on actual services rendered.

(b) Institutions and agents must clearly disclose full charges and fees to a prospective student and, if the student is not emancipated, to the student's parent or guardian. Claims as to the availability of scholarships or fee reductions may not be made unless they are, in fact, scholarships or fee reductions and are clearly stated and described.

(c) An institution may not falsely represent, directly or indirectly, by use of a name or in any other manner, that it is a part of or connected with an agency of the federal or state government, that it is an employment agency or authorized training facility for an industry, or otherwise attempt to conceal the fact that it is a school.

(d) An institution must clearly describe whether the delivery method of the courses offered is online, on-ground, or a combination. If the method is a combination, the institution must include the maximum percentage of coursework that is delivered online, or clearly indicate which courses are delivered online.

(e) An institution may not represent that it is accredited unless it is accredited within the meaning given in 20 AAC 17.900(b).

(f) An institution which represents that students completing a course or program of instruction may transfer credit to an accredited institution of higher education must be able to factually document the transferability.

(g) In recruiting students, a postsecondary educational institution may not use advertisements or promotional material that is classified, designated, or captioned "Wanted to train for. . . ," "Help Wanted," "Employment," "Business Opportunities," or by words or terms of similar import, so as to represent directly or by implication that employment is being offered. Postsecondary educational institution advertisements must clearly state that the service being advertised is instruction for which the student must pay tuition or a fee, if a fee is charged.

(h) If a postsecondary educational institution represents that it offers a placement service to its graduates or will otherwise secure or assist them to find employment, a detailed and explicit description of the extent and nature of this service or assistance must be contained in its catalog, including the most recently completed placement rate calculated under (j) of this section.

(i) A postsecondary educational institution may not, except as authorized by federal or state regulations, offer material gifts or services of a retail value greater than $50 as incentives or inducements for enrollment or retention in a program of training. Tools or equipment customarily owned by practitioners in the field of training and necessarily used during the training course and subsequent employment are exempt from this prohibition so long as their value does not exceed 10 percent of the price of instruction.

(j) If an institution uses placement information or statistics in advertising or recruitment of potential students or offers placement services, the institution must calculate placement rates using a standard methodology approved by the commission for both program and institution placement. The institution shall keep placement records for all programs except if a program is primarily a review or refresher program or short skill enhancement program. Placement records and statistics must be readily available to prospective students upon request.

(k) An institution may not advertise that it will provide or offer collegiate instruction or degree programs unless the institution is accredited as a collegiate level institution and the degree advertised is within the scope of the institution's accreditation. An institution whose degree programs were specifically exempted under 20 AAC 17.015(a)(8) before March 1, 2002 may continue to offer the exempted degrees only.

(l) An institution may not advertise that it will open, offer a new or continuing program, accept deposits, or solicit applications unless the institution maintains documentation of access to financial, academic, and administrative resources sufficient to offer the program at the time of advertisement or solicitation.

(m) An institution may not indicate by use of an appellation, abbreviation, or similar designation that the institution's administrators or instructors have academic degrees unless those degrees were earned through successful completion of a required curriculum from an accredited institution.

(n) An institution may not advertise that a program prepares a student for employment in a profession unless that program meets any applicable state licensure requirements for that profession.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 12/30/77, Register 64; am 3/25/90, Register 113; am 5/4/90, Register 114; am 10/11/95, Register 136; am 4/24/98, Register 146; am 3/1/2002, Register 161; am 12/29/2010, Register 196; am 10/3/2011, Register 200; am 2/21/2014, Register 209; am 9/18/2022, Register 243

20 AAC 17.075 Catalog

An institution shall provide prospective students with a copy of its catalog. The catalog must contain the following information:

(1) the educational philosophy and objectives of the institution in clear, complete, and simply stated language, including measurable goals or outcomes;

(2) the date of publication and the time period for which the information contained is in effect;

(3) the name and address of the place of instruction and administrative office;

(4) the names and titles of the administrative and instructional staff;

(5) the admission policy and regulations, including prerequisites for enrollment;

(6) the policy and regulations regarding measurement of student progress, including

(A) the grading system of the institution;

(B) the minimum grades considered satisfactory;

(C) the conditions for a student's probationary status, suspension, dismissal, and readmission, and the consequences of a student's probationary status, suspension, dismissal, and readmission;

(D) a description of the related probationary period; and

(E) the conditions for reentrance for those students dismissed for unsatisfactory progress;

(7) a schedule of tuition and fees, books, supplies, equipment, services, rentals, deposits, housing, and any other student costs, as appropriate, including costs for testing or licensure that are required for entry into the field or profession;

(8) the specific terms for payment of tuition;

(9) the policy and regulations regarding refund of unused tuition, fees, and other charges;

(10) a description of the school's facility or campus;

(11) a description of each course, including specific objectives, content, length of course, and prerequisites;

(12) the policy and regulations pertaining to attendance standards, including excused and unexcused absences, leaves of absences, and the maximum number of absences allowed before a student is dismissed for unsatisfactory attendance;

(13) a description of the minimum requirements necessary for successful performance in a course of study and for entrance into the particular vocational field for which the student seeks training, and a description of the occupational entry level that the student can reasonably expect to be prepared for upon completion of the training;

(14) a school calendar;

(15) the financial aid and grant availability and associated policies, including specific terms of eligibility and payment of aid awarded;

(16) student services, including placement service, guidance and counseling, and student employment;

(17) the requirements for earning a certificate or diploma;

(18) the procedure for course challenge or waiver, if applicable;

(19) a grievance procedure that includes the availability of appeal to the commission;

(20) a prominent statement advising students that no school can guarantee that credits from courses are transferable, and a clear statement that transfer of credits is always at the discretion of the receiving school and depends on the comparability of curricula and accreditation; and

(21) a statement describing where student records are maintained and how the student may obtain and access them.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 10/17/87, Register 104; am 5/4/90, Register 114; am 3/13/91, Register 117; am 4/20/2000, Register 154; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.080 Educational credentials

(a) A certificate or diploma may be issued to a student only upon successful completion of the published requirements of the course of study.

(b) An appropriate certificate or diploma may be issued for an individual subject or a combination of subjects completed.

(c) An institution shall issue an academic transcript of all credits or work completed upon written request by the student. An institution may withhold a transcript if the student is in default in payments on a financial obligation to the institution.

History

Authority: AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 6/13/97, Register 142; am 12/29/2010, Register 196

20 AAC 17.085 Enrollment contract

(a) An institution shall provide each student enrolling in a noncollegiate program with an enrollment contract executed by both the student and the institution on or before the date the student begins any training or pays any nonrefundable deposit, tuition, or fees.

(b) The enrollment contract must include at least the following:

(1) the name and address of the institution;

(2) the name and description of each course of study, including the

(A) number of hours of classroom instruction, distance instruction, and homework;

(B) days and hours of attendance;

(D) anticipated date of program completion;

(3) the total cost of the course of study, including charges for tuition, room and board, books, materials, supplies, and any other costs;

(4) a clear and conspicuous statement that the contract is a legally binding instrument when signed by the student and signed and accepted by the institution;

(5) a clear and conspicuous caption, "STUDENT'S RIGHT TO CANCEL" under which it is explained that the student has the right to cancel the enrollment contract with full refund of all tuition until the institution's close of business on the first day of instruction;

(6) the procedure for cancellation of the contract;

(7) a clear and conspicuous statement that the institution, as signatory of the enrollment contract, is subject to all claims and defenses of the student or the student's successors in interest, arising under the contract;

(8) a statement of the institution's refund policy, the conditions necessary for obtaining a refund, and the procedure required for obtaining a refund; and

(9) a complete listing of all payment options, including discount plans, if any, available to prospective students; the commission must be informed in writing of all those options; if tuition payment options include financial aid from the school or from third parties, the school must disclose its disbursement requirements; if the disbursement requirements do not appear in the contract, they must be published in the school catalog.

(c) An enrollment contract may not provide that the student waives the right to assert against the institution, or the institution's assignee, any claim or defense the student may have against the school arising under the contract. A provision in a contract in which the student agrees to such a waiver is unenforceable.

(d) An enrollment contract must be separate and distinct from any other document, and clearly labeled as a contract.

(e) No enrollment contract, or any other contract between the student and the institution, may contain a wage-assignment provision or a confession-of-judgment clause.

(f) Revisions to the enrollment contract, including to the curriculum or dates of instruction, must be documented by an executed revised enrollment contract, or commission-approved alternative form, on or before the date of implementation of any revisions.

(g) Before beginning instruction, an institution shall verify each student's identity by requiring the student to present government-issued photographic identification; the institution must maintain a legible copy of that documentation in the student's file.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 5/4/90, Register 114; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 12/29/2010, Register 196

20 AAC 17.090 Supervisors and instructors

(a) An institution must have a designated supervisor who is directly responsible for the content and method of instruction, the selection, supervision, and evaluation of instructors, the organization of classes, the maintenance of facilities and equipment, the maintenance of proper scholastic records, and, if applicable, the operation of the online education learning management system.

(b) If an instructor is required by state or federal law to have a specific license to teach a course, the commission will also require the license. Regardless of whether an instructor's license is required by another agency, an instructor must possess at least one of the following qualifications:

(1) graduation from an accredited four-year college or university with a minimum of 24 semester hours in the subject area in which the person is employed to instruct; or

(2) at least two years of training or experience in the subject area in which the person is employed to instruct.

(c) An institution shall have a policy for employment of interim, substitute, or temporary instructors. Interim substitute, or temporary instructors must meet the minimum qualifications under (b) of this section for an instructor.

(d) An institution that offers distance-delivered education shall ensure that all instructors that use the online education learning management system demonstrate competency in the use of that system.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 5/4/90, Register 114; am 10/11/95, Register 136; am 9/18/2022, Register 243

20 AAC 17.095 Facilities and equipment

(a) Upon request of the commission, an institution must provide a copy of the lease or rental agreement covering each facility used by the institution.

(b) Upon request of the commission, an institution must provide a detailed floor plan for each place of instruction, which includes dimensions, functional use, and numbers of students to be accommodated.

(c) Upon request of the commission, a school must provide an inventory of all equipment, instruments, and tools used by students. The inventory must be itemized according to each course of study and the subject or unit of instruction in which it is utilized, and must include

(1) the name of the manufacturer;

(2) the date of manufacture;

(3) the present estimated or market replacement value;

(4) the present condition; and

(5) a copy of the lease or rental agreement, if any, covering the equipment.

(d) Equipment must be appropriate to the course of study and the current employment demands in the field.

(e) Sufficient equipment must be available to allow each student adequate scheduled learning time.

(f) Upon request, an institution shall provide commission staff access to facilities and equipment for inspection. Unannounced inspections may be conducted as the commission considers necessary.

(g) The institution must have appropriate and adequate technology systems and infrastructure to support its management and operational functions, academic programs, and support services, wherever offered and however delivered. Demonstrations of these systems may be requested, as the commission considers necessary.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 3/1/2002, Register 161; am 9/18/2022, Register 243

20 AAC 17.100 Health and safety

Upon request of the commission, an institution shall provide written evidence, from the appropriate authorities, indicating compliance with requirements of local and state governments for health and safety. The commission will, in its discretion, require, and the institution shall, if so directed, arrange for local and state officials to make inspections of the premises as necessary to determine compliance.

History

Authority: AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93

20 AAC 17.102 Financial soundness

(a) An institution shall provide evidence to the commission the institution is financially sound and can reasonably fulfill its commitments to students and creditors. When an institution applies for an authorization to operate, renewal of an authorization to operate, or an authorization to operate under a change of ownership, or as the commission determines is needed, the institution shall submit financial statements audited by an independent, licensed certified public accountant, and supporting documentation, unless the institution qualifies to submit unaudited financial statements under (e) of this section. The commission may require additional documentation, as the commission considers necessary.

(b) If an applicant for initial authorization has not yet begun operations, the commission may allow the applicant to submit alternative documents to those required in (a) of this section. Alternative documents include a business plan with market analysis, a budget, and documentation of working capital sufficient for at least one year of operation, as supported by budget projections and other documentation, as required by the commission, as evidence of financial soundness.

(c) For the purposes of this chapter, a postsecondary educational institution is financially sound if audited financial statements or financial statements submitted in accordance with (e) of this section indicate that the institution meets its debt obligations and obligations to students. A postsecondary educational institution is not financially sound if

(1) its financial statements or the commission staff's investigation shows

(A) operating losses;

(B) negative cash flows from operations;

(D) conditions or events similar to those described in (A) - (C) of this paragraph that raise substantial doubts that the institution will be able to continue to fulfill its commitments to students and creditors;

(2) its accrediting agency, if any, has found it not to be financially sound; or

(3) the United States Department of Education has

(A) made a final determination that the institution is not financially sound; or

(B) placed the institution on reimbursement status.

(d) A postsecondary educational institution that is not financially sound under this section shall

(1) provide a surety bond, cash deposit, or commission-approved negotiable securities in the amount of the greater of

(A) the highest amount of revenue received by the institution for all students enrolled, including all tuition and fee revenues, in all programs during an academic or vocational program period, in the most recent calendar, or fiscal, 12-month period, as applicable; or

(B) the highest amount of revenue for all students projected by the commission that the postsecondary educational institution would receive during an academic or vocational program period of the current year;

(2) maintain a commission-approved, detailed teach-out plan;

(3) clearly and conspicuously disclose to all students and applicants that the commission has determined the institution to be financially unsound, and provide information on how to contact the commission for more information; and

(4) pay for an independent financial soundness review annually from a firm approved by the commission, until

(A) the commission determines the institution to be financially sound; or

(B) the teach-out plan has been completed and the institution has closed.

(e) The commission will accept unaudited financial statements from the institution to assess the institution's financial soundness as follows:

(1) if an institution has annual tuition revenues of less than $200,000, the institution must provide the commission with financial statements, prepared in accordance with generally accepted accounting principles, and a compilation report with full disclosure for the most recently completed fiscal year; the report must be prepared by a licensed, independent accounting service;

(2) if an institution has annual tuition revenues of less than $300,000 but more than $200,000, the institution must provide the commission a licensed certified public accountant's review report; the report must state that the institution's financial statements for the most recently completed fiscal year were prepared in accordance with generally accepted accounting principles.

(f) A financial statement must include

(1) an accounting report or opinion letter;

(2) a balance sheet;

(3) an income statement;

(4) a statement of cash flows; and

(5) notes to the financial statement.

(g) To meet annual financial reporting requirements of 20 AAC 17.062, an institution shall provide one of the following to the commission:

(1) internally prepared financial statements; the statements must include a balance sheet, an income statement, and a statement of cash flows;

(2) a compilation report with full disclosure; or

(3) financial statements audited by an independent licensed certified public accountant.

(h) For the purposes of this section, financial reporting must cover the most recent fiscal year. In this subsection, "fiscal year" means the most recent 12-month period that ends before October 1 of the year in which the report is submitted.

History

Authority: AS 14.42.030; AS 14.48.060; AS 14.48.100 AS 14.48.050; AS 14.48.070
Eff. 9/18/22 Register 243

20 AAC 17.105 Ownership and governance

(a) An institution must have a plan of organization that is suited to its purpose, and shall submit a descriptive organizational chart at the time of application for authorization to operate.

(b) A corporation, or corporate subsidiary, must state in its application for authorization to operate, the name, address, and corporate title, if any, of every stockholder who has a beneficial interest of 10 percent or more as well as every stockholder who subsequently acquires a total beneficial interest of 10 percent or more.

(c) The commission may require evidence of satisfactory reputation of business and professional integrity for owners and senior management of the institution.

History

Authority: AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 5/26/2011, Register 198

20 AAC 17.110 Records

(a) An institution shall establish and maintain policies and procedures for a record-keeping system that includes a central repository for all records. Record-keeping systems, including computerized or electronic systems and the records in those systems, must contain sufficient detail and timeliness so that at any point in time the current status of each student account, including payment and charges, can be determined. The institution shall maintain and keep current an institutional financial record-keeping system sufficient for a third-party to determine the institution's financial soundness. All records shall be made available for inspection upon request from the commission. Unannounced inspections may be conducted as the commission considers necessary.

(b) Student records must include

(1) demographic records, including

(A) name, address, and date of birth;

(B) veteran status, if any; and

(C) a legible copy of the government-issued photographic identification presented by the student for identify verification before enrollment;

(2) academic records, including

(A) entrance tests and other data used to determine the student's qualification for admission;

(B) the name of each course or program taken;

(D) the date that the certificate or diploma was issued, and a copy of the certificate or diploma; and

(E) evidence that the student has been informed regularly of grades and rate of progress in each course;

(3) attendance records, including

(A) the schedule of classes and required hours of attendance;

(B) the date of enrollment, leaves of absence, withdrawals, and return dates, as applicable; and

(C) actual attendance with dates and hours present, excused absences, unexcused absences with hours made up, and leave of absence forms as approved by the commission and signed by the student and school official, as applicable to a course or program;

(4) financial records, including an account ledger that reflects the student's balance, including debits, payments made, financial aid received, and refunds received, as applicable;

(5) other records, including

(A) placement efforts to employ the student, including the place of employment or reemployment, as applicable; and

(B) student licensure activities or achievement if the program is in a field that requires licensure; and

(6) documentation of compliance with AS 14.48.165.

(c) If an institution closes, the institution shall provide transcripts in an electronic format accepted by the commission not later than 30 days after closing.

(d) An institution shall provide for retention of academic transcripts and records of graduation and program completion in perpetuity. Other scholastic and student financial records must be retained for at least five years after the student discontinues attendance. Student records may be stored at a location other than the authorized institutional site only if the commission has approved the location, and the institution must make the records and storage site available for inspection upon request of the commission staff.

History

Authority: AS 14.42.030; AS 14.48.060; AS 14.48.165 AS 14.48.050; AS 14.48.150
Eff. 3/15/85, Register 93; am 3/13/91, Register 117; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.111 Leaves of absence

(a) An institution allowing student leaves of absence is required to develop and publish a written leave of absence policy and leave of absence request form. The published policy must be made available to all prospective students before execution of their enrollment contract. At a minimum, the policy must establish

(1) the minimum and maximum leave of absence time periods;

(2) the types of allowable uses for a leave of absence;

(3) the effect of the leave of absence on the student's current enrollment and financial obligation to the institution;

(4) student responsibilities while on leave of absence;

(5) consequences of not returning at the designated end date of the leave of absence; and

(6) that the student must be in good academic standing in order to be approved for a leave of absence, unless institutional policy provides for the student to repeat the entire course, module, or program, as appropriate to the type of instruction and as approved by the commission, at no additional charge.

(b) At a minimum, the leave of absence form must be executed by both the institution and the student, and must include:

(1) the start and end dates of the leave of absence;

(2) the purpose of the leave of absence;

(3) any revised completion date;

(4) any condition placed on the leave of absence; and

(5) any revised tuition cost.

(c) Leaves of absence resulting in revised dates of enrollment or revised tuition costs must be accompanied by revised enrollment contracts or commission-approved alternative forms.

(d) For purposes of this section, a leave of absence is an approved time away from instruction with an identified return time for completion of the instruction. Any additional cost or revised completion date must be identified at the time of approval of the leave of absence.

History

Authority: AS 14.48.050; AS 14.48.060
Eff. 4/20/2000, Register 154; am 12/29/2010, Register 196

20 AAC 17.115 Tuition and refund policy

(a) An applicant who is not accepted by an institution shall be given a refund of all tuition and fees paid. The student may be charged a non-refundable application fee. The application fee may not exceed $100.

(b) A deposit or downpayment may be required only if it is credited toward tuition.

(c) An institution shall acknowledge a student's cancellation or withdrawal, in writing, within five business days after receipt of notification.

(d) All refunds to a student must be made no later than 30 days after receipt of notification of the student's withdrawal or last recorded date of physical attendance, whichever is earlier.

(e) Repealed 12/29/2010.

(f) An institution shall provide a "cooling-off" period, which expires at the close of business on the first day of a student's scheduled attendance, and during which a student, upon submitting written notice to the institution, may cancel the enrollment contract and receive a 100 percent tuition refund, less any application fee.

(g) An institution must have a written policy for refunding tuition, fees, and other charges if a student withdraws or otherwise fails to complete the course of study. An institution may charge a student who withdraws or otherwise fails to complete the course of study, after the cooling off period in (f) of this section, a withdrawal fee, not to exceed $100. The institution's refund policy must provide, at a minimum, that

(1) the amount charged to a student for tuition, fees, and other charges for a portion of the course of study may not exceed a reasonable portion of the total charges for tuition, fees, and other charges;

(2) student refunds shall be computed from the last day of physical attendance; and

(3) time spent on an approved leave of absence may not be considered time in attendance for the purposes of determining a refund.

(h) Except as provided in (m) of this section, the institution shall adopt and make known to the student a refund policy that provides for an equitable refund in cases of discontinued attendance. The policy must be either equal to or at least as favorable to the student as the following schedule:

(1) for a period of time after instruction has begun but before the second day of classes or the equivalent, the institution shall refund 100 percent of the tuition; after that,

(2) for a period of time after the first day of class but not more than 10 percent of the classes has elapsed, the institution shall refund at least 90 percent of the tuition; after that,

(3) for a period of time after which greater than 10 percent but not more than 20 percent of the classes has elapsed, the institution shall refund at least 80 percent of the tuition; after that,

(4) for a period of time after which greater than 20 percent but not more than 25 percent of the classes has elapsed, the institution shall refund at least 55 percent of the tuition; after that,

(5) for a period of time after which greater than 25 percent but not more than 50 percent of the classes has elapsed, the institution shall refund at least 30 percent of the tuition; after that,

(6) the institution may require the student to remain committed to the entire amount of the tuition.

(i) For the purposes of (h) of this section, institutions offering distance delivery or independent study programs that are not measured in clock hours will calculate the percent of classes elapsed by dividing the number of lessons or instructional units that the student completed by the total number of lessons or instructional units required to complete the program.

(j) For an institution that has courses of study for which tuition is charged on a pay-as-you-go basis, the institution may not commit the student to pay for instruction that has not been received by the student.

(k) An institution that has courses of study for which tuition is charged on a pay-as-you-go basis and that holds unearned tuition money on behalf of a student must place that money in a non-interest-bearing trust account that contains only tuition money. The tuition money may be withdrawn only as it is earned by the institution as a result of the student's enrollment and attendance under the terms of the institution's enrollment agreement. The commission may, and upon written application, waive the trust account requirements of this section for a public institution. If a student enrolls but fails to attend or otherwise withdraws from the institution, the balance of the student's tuition money remaining on account with the institution, if any, must be refunded to the funding source.

(l) This section does not apply to refunds due to a student because the institution has closed or the program in which the student is enrolled has ceased operating.

(m) An institution accredited at the collegiate level with students enrolled in individual terms shall adopt and make known to the student a refund policy that provides for an equitable refund in the event of discontinued attendance by the student, which at a minimum, must

(1) conform to the minimum standards set by the institution's accrediting body;

(2) comply with applicable United States Department of Education minimum standards for refund of Title IV grant or loan assistance as set out in 34 C.F.R. 668.22; and

(3) be approved by the commission.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 3/15/85, Register 93; am 4/2/86, Register 97; am 7/11/87, Register 103; am 5/4/90, Register 114; am 10/11/95, Register 136; am 6/13/97, Register 142; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 6/7/2007, Register 182; am 12/29/2010, Register 196; am 5/26/2011, Register 198; am 9/18/2022, Register 243

20 AAC 17.117 Closure of institution or cessation or change of program

(a) A vocational institution shall provide enrolled students at least 60 days' written notice of impending closure of the institution, cessation of a program, or substantial changes in a program of the type listed in (b) of this section. A collegiate institution shall provide enrolled students at least one complete academic year's notice of impending closure of the institution, cessation of a program, or substantial changes in a program of the type listed in (b) of this section. At the same time as it is required to notify students, the vocational or collegiate institution shall provide the commission with a copy of the written notice.

(b) No later than 30 days after an institution closes or ceases offering a program in which a student is enrolled, the institution shall provide full refunds of all tuition and other expenses paid to the institution by the student or other funding source on behalf of the student, unless it is able to provide a student with an alternative program, approved by commission staff, that is substantially equivalent as to

(1) program content;

(2) quality of instruction and equipment;

(3) period of program;

(4) accreditation status;

(5) credentials;

(6) accessibility;

(7) placement assistance;

(8) facility; and

(9) location, as compared to the location of the student's current institution.

(c) The refund requirement of (b) of this section does not apply to that portion of a program that the student has completed and for which the student has received academic credit that is transferable to a like institution with a program that meets the requirements of (b)(1) - (9) of this section for substantial equivalence.

(d) Subsections (a) - (c) of this section apply to an institution even if the closure or cessation of a program occurs without fault of the institution.

(e) An institution may not enroll a student into a program if it reasonably expects that the student will be unable to complete the program because of impending closure of the institution or cessation of the program. In addition to other penalties and requirements that may apply, an institution is subject to a civil fine of $1,000 for each student enrolled in violation of this subsection and to a civil fine of $1,000 for each day that the institution offers enrollment in violation of this subsection.

(f) An institution that does not provide the required 60 days' or one complete academic year's written notice required in (a) of this section shall

(1) make the refunds described in (b) of this section, regardless of whether an alternate program is available, if the student chooses to seek a refund rather than enroll in the alternate program;

(2) refund student costs incurred to attend the institution that the student documents would not have been incurred had the institution provided the required notice, including student travel and relocation costs;

(3) refund the costs of any coursework that is determined not to apply toward a student's same degree at a new institution, if the student

(A) elects to complete the program of study at another institution; and

(B) begins no later than six months after the closure of the current institution or cessation of the current program; and

(4) provide the student's new institution with a financial aid payment equivalent to the amount of any institutional scholarship, aid, or discounts promised to the student in exchange for enrollment at the institution that is closing or ceasing to offer a program, if the student

(A) elects to complete the program of study at another institution;

(B) begins no later than six months after the closure of the current institution or cessation of the current program; and

(g) An institution that has been found by the commission to be financially unsound shall clearly and conspicuously disclose that finding to all students and applicants and provide information on how to contact the commission for more information.

History

Authority: AS 14.48.050; AS 14.48.060; AS 14.48.190
Eff. 4/24/98, Register 146; am 4/20/2000, Register 154; am 12/29/2010, Register 196

20 AAC 17.120 False, deceptive, misleading, or unfair practices

An institution and an agent of an institution may not engage in an operating practice that is false, deceptive, misleading, or unfair. An operating practice that is false, deceptive, misleading, or unfair includes, but is not limited to

(1) the presentation of false, misleading, or fraudulent information to prospective students relating to the institution, or to employment opportunities or opportunities for enrollment in institutions of higher learning after entering into or completing courses offered by the institution;

(2) the refusal or failure by an agent to display the agent's permit upon demand of a prospective student, the commission or its representative, or any other interested person;

(3) the failure to maintain financial resources adequate for the satisfactory conduct of the courses of study offered; failure to maintain appropriate supplies, equipment, or facilities; or failure to retain a sufficient and qualified instructional and administrative staff;

(4) the payment of a commission or valuable consideration to a person for acts or services performed in violation of AS 14.48;

(5) the misrepresentation to students or prospective students that the students are qualified, upon completion of a course, for admission to a professional examination under an occupational licensing statutory requirement;

(6) the encouragement of a student to enroll in courses of study when the institution knows that the student has not attained the prerequisite course, credit, experience, or skill;

(7) the enrollment of a student when it is reasonably obvious that the student is unlikely to successfully complete a program or is unlikely to qualify for employment in the field; and

(8) the arbitrary partitioning of a program into shorter classes or components for the purpose of circumventing the authorization requirements of AS 14.48 and this chapter.

History

Authority: AS 14.42.030; AS 14.48.050 AS 14.48.010; AS 14.48.060
Eff. 3/15/85, Register 93; am 8/26/98, Register 147; am 4/27/2001, Register 158; am 3/1/2002, Register 161

20 AAC 17.125 Revocation, suspension, conditioning, or refusal of authorization

The commission will, in its discretion, refuse to issue or renew an authorization to operate, or will, in its discretion, initiate proceedings to revoke, suspend, or condition an authorization to operate a postsecondary institution if the institution

(1) violates a provision of AS 14.48 or a regulation adopted by the commission;

(2) furnishes false, misleading, or incomplete information to the commission, or fails to furnish information requested by the commission; or

(3) violates a commitment made in an application for a request for authorization to operate an institution.

History

Authority: AS 14.48.050; AS 14.48.110 AS 14.48.060; AS 14.48.120
Eff. 3/15/85, Register 93; am 10/11/95, Register 136

20 AAC 17.130 Formal complaints

(a) A person claiming damage or loss under AS 14.48.130 must file a signed formal written complaint on forms provided by the commission. The formal complaint must set out in detail

(1) the nature of the complaint and specific allegations;

(2) the documentation and other information to support the allegations;

(3) a description of the complainant's attempts to resolve the matter of the complaint with the institution;

(4) the outcome desired by the complainant; and

(5) justification under AS 14.48 or this chapter for the desired outcome.

(b) Within 10 days after receipt of a written complaint, the commission staff shall acknowledge receipt to the complainant and shall inform the involved institution of the complaint filing.

(c) Upon the request of a complainant, the commission staff shall provide information regarding AS 14.48 and this chapter to assist a complainant with completion of the complaint form. The commission staff may not complete complaint forms on behalf of a complainant.

(d) A complaint initiated by the commission under AS 14.48.050(8) will be investigated under 20 AAC 17.145.

(e) The executive director may initiate a complaint on behalf of an individual student or a group of students.

History

Authority: AS 14.48.050; AS 14.48.130
Eff. 5/8/88, Register 106; am 4/27/2001, Register 158; am 12/29/2010, Register 196

20 AAC 17.135 Informal complaints

Complaints not in writing or not signed by the complainant are informal complaints. The commission staff shall attempt to assist complainants in resolving informal complaints by

(1) referring complainants to established institutional avenues for complaint resolution; and

(2) providing instructions for filing a formal, written, and signed complaint.

History

Authority: AS 14.48.050; AS 14.48.130
Eff. 4/27/2001, Register 158

20 AAC 17.140 Exceptions to complaints accepted

(a) The commission will file for the record, but will not take action on complaints that

(1) are filed more than six months after the end of the enrollment period to which the complaint refers, more than six months after the date an institution ceases operations, or more than six months after the complainant ceases to attend an institution, whichever date is earliest;

(2) do not allege violations of AS 14.48 or this chapter;

(3) are made anonymously; or

(4) at the time of filing, are the subject of a judicial proceeding.

(b) The filing date for complaints is the date of postmark, if mailed, or the date of manual delivery to the commission's Anchorage or Juneau offices.

(c) Complainants will be notified in writing if action is not taken on their complaints, and will be provided with an explanation of why action was not taken.

History

Authority: AS 14.48.050; AS 14.48.130
Eff. 4/27/2001, Register 158

20 AAC 17.145 Complaint investigation process

(a) The commission staff shall determine the nature and scope of the investigation, based upon an objective and impartial analysis of the allegations, and examination of

(1) the seriousness of the allegations made by the complainant;

(2) the documentation provided in support of those allegations;

(3) responses to the complainant's attempts to resolve the issue through the school's grievance process; and

(4) the number of students potentially affected if a violation is determined.

(b) The commission staff may also investigate matters which are like, related to, or growing out of the complaint, regardless of whether or not those matters are included as part of the complaint.

(c) Unless the commission staff has reasonable cause to believe that the complainant's allegations constitute violations that will continue and constitute an immediate threat to the welfare of current or prospective students, the commission staff shall attempt to resolve the complaint via mediation and conciliation. Mediation or conciliation will be determined to have failed 30 days after onset if

(1) a party to the complaint fails to participate in mediation or conciliation activities;

(2) a party to the complaint disagrees with proposed remedies identified in mediation or conciliation; or

(3) the commission staff determines that a remedy proposed by a party would constitute a violation of AS 14.48 or this chapter.

(d) For purposes of this section, mediation and conciliation are voluntary cooperative processes that are designed to result in a negotiated solution, voluntarily accepted by all parties to the complaint and approved by commission staff, and that are used as problem-solving tools in lieu of agency adjudication or administrative processes.

(e) If mediation or conciliation fails, the commission staff shall make recommendations to the commission based on findings from the staff's investigation. If the institution refuses or fails to provide, no later than 30 days after the request, information requested by the commission staff, the commission staff shall

(1) initiate action to revoke the institution's authorization to operate, regardless of any outcome of the complaint investigation, based on the institution's non-compliance with AS 14.48 and this chapter; and

(2) analyze available evidence to determine whether the complaint is substantially supported by that evidence and, if the commission staff determines that the complaint is substantially supported by the evidence, make recommendations for resolution pursuant to AS 14.48.130(c).

(f) If a complainant fails to respond, no later than 30 days after the request, to a request by the commission staff to produce information necessary to reach a determination on the merits of the complaint, the complaint shall be dismissed and the institution and the complainant notified of the dismissal.

(g) Upon completion of the investigation, the commission staff shall produce and distribute to each party to the complaint a written investigation report detailing the nature of the complaint, including the

(1) specific allegations and the sections of AS 14.48 or this chapter alleged to be violated;

(2) complainant's requested outcome;

(3) investigative procedures applied;

(4) investigation findings; and

(5) commission staff's recommendations for corrective action or penalties to be imposed upon the institution if a violation is found.

(h) A party to the complaint may submit in writing to the executive director a request for reconsideration of the investigation report. The request for reconsideration must be postmarked within 30 days after the mailing or distribution of the investigation report, must clearly state each objection to the investigation report, and must include the justification and any documentation to support each objection. The executive director may request that the parties provide additional information as necessary to review the request for reconsideration. The executive director shall make a written decision on the request for reconsideration.

(i) Within 30 days after the mailing or distribution of the executive director's decision on the request for reconsideration, a party to a complaint may submit to the commission a request for a hearing before the commission. A hearing under this subsection is subject to AS 44.64 (Hearing Officers and Office of Administrative Hearings). The hearing will be conducted according to AS 44.62 (Administrative Procedure Act). If a party does not submit a request for a hearing, the commission may adopt the investigation report, in whole or in part, as the commission's decision on the complaint.

History

Authority: AS 14.48.050; AS 14.48.130
Eff. 4/27/2001, Register 158; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 2/22/2015, Register 213

Article 2 Authorization to Operate as a University, College, Junior College, Community College, or Career College

20 AAC 17.205 Use of the terms university or college

(a) An institution seeking to operate as a university or college must be accredited, must meet requirements for authorization under 20 AAC 17.010 - 20 AAC 17.145 and must meet the requirements of 20 AAC 17.205 - 20 AAC 17.255.

(b) An institution may use the terms "university" or "college as specified in 20 AAC 17.065 only if the institution meets the standards required to offer the approved and appropriate degree programs as set out in 20 AAC 17.205 - 20 AAC 17.255.

History

Authority: AS 14.42.030; AS 14.48.020; AS 14.48.060 AS 14.48.010; AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 3/1/2002, Register 161; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.210 General guidance for degree program criteria

The commission will seek general guidance for the establishment of minimum criteria for degree programs from the following associations charged with developing standards for higher education:

(1) guidance for degree program criteria will be developed from the most recent policy statements of the American Association of Collegiate Registrars and Admissions Officers;

(2) further guidance for all degree programs will be obtained from the most recent criteria of the Northwest Commission on Colleges and Universities or the accrediting body of the institution.

History

Authority: AS 14.42.030; AS 14.48.050; AS 14.48.060
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 9/18/2022, Register 243

20 AAC 17.215 Mission statement

An institution that offers a degree program must establish a mission statement that is the result of active participation by both faculty and administration and that clearly defines its measurable goals and objectives, so that appropriate direction can be provided for all the educational objectives.

History

Authority: AS 14.48.050; AS 14.48.060; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 12/29/2010, Register 196

20 AAC 17.220 Governing board

An institution that offers a degree program must have a governing board that has the authority to carry out the mission of the institution. At least a majority of the board members must have no contractual, employment, or personal financial interest in the institution.

History

Authority: AS 14.48.050; AS 14.48.060; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124

20 AAC 17.225 Requirements for degrees and degree programs

(a) A degree program must meet accreditation standards of its accreditor. If a postsecondary institution wishes to establish a new degree program or degree program title, the institution must present the following information to the commission:

(1) a rationale that the program or degree title could not reasonably be included in a program or degree title already approved by the commission;

(2) evidence that the new program or degree title is needed, based upon

(A) student interest;

(B) state, regional, national or international need; or

(3) evidence that a plan for review of the new program or degree title is in place; and

(4) evidence that commission requirements for initiation of a new program or degree title have been satisfied.

(b) Repealed 9/18/2022.

(d) A credit transfer contract between an accredited institution and an institution that is not accredited must

(1) conform to the policies and guidelines for contractual relationships and for the transfer and award of credit in the Accreditation Handbook, of the Northwest Commission on Colleges and Universities, 2013 edition, adopted by reference; and

(2) be approved by the commission.

(e) Non-traditional external or off-campus programs, and online or distance delivered programs, must meet all applicable requirements for campus-based programs, including comparability and quality of course content, faculty qualifications, criteria for evaluation, and accessibility to appropriate library and academic support resources.

(f) A postsecondary institution may develop innovative or flexible courses or programs that may depart from the requirements of this section, so long as those courses or programs provide instruction that fulfills both the stated institutional mission and the learning objectives of the enrolling student. Before implementing those courses or programs, the institution must present its plan to the commission for review and approval.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 4/24/98, Register 146; am 8/26/98, Register 147; am 4/20/2000, Register 154; am 3/1/2002, Register 161; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 2/22/2015, Register 213; am 9/18/2022, Register 243

20 AAC 17.230 Financial and record-keeping standards

(a) An institution offering a degree program shall meet the financial and record-keeping requirements of its accreditor.

(b) An institution's plans for student scholastic and financial record retention and disposal must meet the requirements of 20 AAC 17.110, and must either meet the recommended standards of the American Association of Collegiate Registrars and Admission Officers (AACRAO) in Student Records Management: Retention, Disposal, and Archive of Student Records, 2019 edition, and Academic Record and Transcript Guide, 2020 edition, adopted by reference, or provide for an equivalent record retention and disposal system approved by the commission. Requirements for an approved system include

(1) compliance with state and federal law regarding record establishment, maintenance, retention, disposal, access, and security;

(2) protocols for transfer of record custody;

(3) procedures for notification of changes in the location of, or means of access to, retained records, and identification of the responsible records manager.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 4/24/98, Register 146; am 8/26/98, Register 147; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 11/16/2012, Register 204; am 2/22/2015, Register 213; am 9/18/2022, Register 243

20 AAC 17.235 Learning resource program

(a) An institution that offers a degree program must have a library and academic support services that conform to the most recent requirements and standards of the institution's accreditor.

(b) Repealed 9/18/2022.

(d) Repealed 9/18/2022.

(e) Documentation must be provided to the commission that clearly shows that the library and the learning resource program, through direct provision or cooperative agreement, are sufficient to support and enhance the educational philosophy, mission, and objectives of the institution.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 8/26/98, Register 147; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 11/16/2012, Register 204; am 9/18/2022, Register 243

20 AAC 17.240 Institutional assessment

(a) An institution that offers a degree program must have in place an institutional assessment program that can provide tangible evidence of the effectiveness of the general education program, instructional programs, and related support services.

(b) The assessment program must be based upon outcomes or impact assessments that evaluate student, class-by-year, or program-by-year development. Such evaluations are appropriately measured by skill attainment; retention; academic achievement; longitudinal change in student socioeconomic condition; and student and alumni perceptions of personal growth, development, or satisfaction associated with their institutional experiences.

History

Authority: AS 14.48.050; AS 14.48.060; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124

20 AAC 17.245 Facility standards

An institution shall meet the requirements for facility standards established by its accreditor.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124; am 4/24/98, Register 146; am 8/26/98, Register 147; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 2/22/2015, Register 213; am 9/18/2022, Register 243

20 AAC 17.250 Admission requirements

An institution that offers a degree program must establish admission requirements on a program basis to assure that an entering student has a reasonable opportunity for success and that course and program standards are maintained. Requirements for associate degree programs must provide opportunities for access to programs, by students who do not initially meet the requirements, through developmental programs. Admission at an institution that offers a degree program must be preceded by appropriate assessment or ability evaluation consistent with program requirements and expectations.

History

Authority: AS 14.48.010; AS 14.48.050; AS 14.48.070
Eff. 4/19/90, Register 114; am 11/5/92, Register 124

20 AAC 17.255 Reporting

Not later than 30 days after the accreditor notifies the institution, the institution shall report to the commission any determination, decision, or action, from the institution's accreditor that impacts the institution.

History

Authority: AS 14.42.030; AS 14.48.060 AS 14.48.050; AS 14.48.070
Eff. 9/18/2022, Register 243

Article 3 General Provisions

20 AAC 17.900 Definitions

(a) In the definition of "agent" in AS 14.48.210, "any purpose" means any purpose that is subject to regulation under AS 14.48.

(b) In this chapter,

(1) "accredited" means accredited by a national accreditation association, or the regional accreditation association for the area where the school is located, that is recognized by the Secretary of Education of the United States Department of Education;

(2) "annual tuition revenues" includes all tuition and fee revenues received from all funding sources;

(3) "business day" means a day other than Saturday, Sunday, or a state holiday;

(4) "collegiate level" means programs of study for which credit hours are awarded that are applicable toward an associate, baccalaureate, or higher degree;

(5) "commission" means the Alaska Commission on Postsecondary Education;

(6) "course" means a sequence of studies with prescribed objectives, successful completion of which may result in awarding of credit or the equivalent;

(7) "course of study" means an interrelated sequence of courses for which, upon successful completion, a certificate or degree is awarded;

(8) "institution" means a postsecondary educational institution;

(9) "licensed certified public accountant" means a person who holds a valid certificate and permit to practice under AS 08.04 and 12 AAC 04, or who is validly licensed as a certified public accountant under the applicable occupational licensing statutes and regulations of another state;

(10) "on-ground" means instruction delivered with the instructor and student in the same room at the same time;

(11) "physical presence" means the presence within the state of paid staff or faculty, or a facility or address; in this paragraph, "faculty" and "staff' does not include site supervisors or mentors for local internships or practica, or adjunct personnel; staff or faculty residing within the state but working from a location other than the facility of a postsecondary educational institution does not constitute a physical presence;

(12) "refund" means any amount due to a funding source as a result of a change in financial aid, student enrollment, or attendance status relative to eligibility for and determination of the amount of the financial aid award;

(13) "teach-out plan" means a written plan developed by an institution that provides for the equitable treatment of students, without additional costs, if it ceases to offer a program or ceases to operate before all students have completed their program of study; the plan may include an agreement between institutions for the transfer of credit;

(14) "withdrawal" means written notification of a student's intent to cease attending the institution.

History

Authority: AS 14.42.030; AS 14.48.050
Eff. 12/30/77, Register 64; am 5/10/78, Register 66; am 3/15/85, Register 93; am 5/8/88, Register 106; am 9/30/90, Register 115; am 11/5/92, Register 124; am 4/24/98, Register 146; am 4/20/2000, Register 154; am 4/27/2001, Register 158; am 12/31/2005, Register 176; am 12/29/2010, Register 196; am 10/3/2011, Register 200; am 2/21/2014, Register 209; am 9/18/2022, Register 243

20 AAC 17.910 Access to institutional authorization files

(a) The commission will make available its public records of institutional authorization activities, including institutional and agent application files, for inspection in the commission's offices. The records may be inspected by appointment only. Records may not be removed from the commission's offices. The commission staff shall provide requested photocopies of records at a charge of $.20 per page.

(b) The following information contained in records of institutional authorization activities is not public:

(1) information specific to individual students that is protected under 20 U.S.C. 1232g (Family Educational Rights and Privacy Act of 1974), as amended;

(2) confidential financial information relating to an institution or its principal owners;

(3) confidential personal information relating to an institution's owners; and

(4) complaints pending or currently under investigation.

History

Authority: AS 14.48.050; AS 40.25.110; AS 40.25.120
Eff. 4/24/98, Register 146; am 12/29/2010, Register 196

Chapter 18 WICHE Professional Student Exchange Loan Program

20 AAC 18.005 Purpose of the WICHE Professional Student Exchange Loan Program

The Professional Student Exchange (PSE) loan program provides low-cost educational loans to Alaska students enrolled full-time in eligible degree programs that are not available in this state, but that are accessible to residents of the Western Interstate Commission on Higher Education (WICHE) member states participating in the PSE program. PSE students are required to repay the state for its support costs for the student's participation in the PSE program.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156

20 AAC 18.007 Fields of study for which PSE loans are available

The commission will biennially determine the fields of study for which PSE loans are available to applicants. The commission will limit the availability of PSE loans for applicants to those fields of study

(1) in which WICHE has determined that access to the professional degree program is generally limited to residents of the state in which the program is located and to residents of WICHE member states;

(2) for which the Department of Labor and Workforce Development, or another reliable workforce data source, indicate there is a labor demand in this state; and

(3) in which available occupational wage and income data indicate a PSE graduate may reasonably be expected to earn income sufficient to repay the PSE loan.

History

Authority: AS 14.44.025; AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156

20 AAC 18.010 Administration

(a) Applications for certification to participate in the PSE program will be reviewed to determine applicant eligibility under AS 14.44 and this chapter. The commission staff shall notify applicants of their status, report eligible students and their admission status to WICHE, and maintain student records. A PSE student must enter into a loan agreement to repay the financial support provided on the student's behalf.

(b) The commission will determine the amount of money necessary to support continuing and projected participants in the PSE program and notify WICHE of any limitations to be placed on support offered to students.

(c) The commission may negotiate memoranda of agreement with participating schools to set the support fee to be paid for each certified student enrolled at a participating school.

(d) Repealed 11/8/2000.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156

20 AAC 18.020 Certification eligibility

(a) An applicant for certification must be a resident of the state at the time of application and must remain a resident of the state while participating in the PSE program.

(b) An applicant must meet the admission standards for the professional program of the participating school in which full-time enrollment is desired.

(c) To be eligible for certification, an applicant must meet the eligibility requirements for a PSE loan under 20 AAC 18.025.

(d) Before and during registration, a PSE student must notify the school of attendance of the student's certification status.

(e) For purposes of this section, a person is a resident of the state if that person physically resides in the state and maintains a domicile in the state during the 12 consecutive months before the date of application for certification. Within that 12-month period, the person may be absent from the state for no more than 60 days. After residency is established under this subsection, the person may be absent from the state for full-time attendance at an educational or training institution, for military service, or for demonstrated good cause as determined by the commission. A person does not qualify as a resident of the state if the person declares or establishes residency in another state or receives a benefit of residency in another state.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 7/16/92, Register 123; am 11/8/2000, Register 156

20 AAC 18.025 PSE loan eligibility

(a) A person is eligible for a PSE loan, and a person who has received a PSE loan remains eligible, if that person does not have a past due child support obligation established by court order or by the Department of Revenue, child support services agency under AS 25.27.160 - 25.27.220 at the time of application or loan disbursement.

(b) A person is eligible for a PSE loan, a person who has received a PSE loan remains eligible, and a person may cosign for a PSE loan under (d) of this section, if that person

(1) is not delinquent and has never been in default on a loan previously awarded by the commission;

(2) has not, within the previous five years, had a loan discharged or written off by the commission for any reason;

(3) does not have a status, at the time of the application for a loan or disbursement of loan funds, that would prevent the person from repaying the loan as it becomes due; a status as described in this paragraph will be presumed for a person described in 20 AAC 15.940(e)(2);

(4) has not within the previous seven years defaulted on another loan made to the person by a lending entity unless the person can show good faith efforts to repay the loan and extraordinary circumstances that led to the default; and

(5) does not have a credit history, at the time of application for a loan, that demonstrates chronic inability or unwillingness to pay an extension of credit or loan as it becomes due; items in a credit history that demonstrate chronic inability or unwillingness, as described in this paragraph, include any of the items set out in 20 AAC 15.940(g).

(d) Notwithstanding (b) of this section, the commission may issue a PSE loan to a person if another person who satisfies the requirements of (b) of this section cosigns the loan.

(e) For purposes of (b)(4) of this section, a person has defaulted on a loan if any of the following has occurred:

(1) foreclosure upon or repossession of collateral for a loan or installment contract;

(2) execution procedures initiated on an unpaid loan or installment contract;

(3) an entry of judgment accelerating the amount due under a loan or installment contract;

(4) the charging off by a creditor of an amount in excess of $100 due to nonpayment on a loan or installment contract.

(f) The commission staff shall withhold payment of a support fee if the PSE loan recipient becomes ineligible under this section.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 1/30/2003, Register 165; am 12/28/2008, Register 188; am 4/6/2018, Register 226

20 AAC 18.030 Application procedure

(a) A resident who plans to attend, or who has currently enrolled in, a participating school as a full-time student in an eligible degree program must submit an application for certification to the commission between July 1 and October 15 of the year preceding the year in which the student intends to enter the professional school. An application is timely filed if it is postmarked between July 1 and October 15 and contains all the information required to make a determination of the applicant's eligibility and the amount of the loan award.

(b) The commission will not accept an application before July 1 of the year preceding the proposed entrance date.

(c) The commission will give alternate status to an application received after October 15 of the year preceding the proposed entrance date.

(d) The commission may require an applicant's signature to be notarized before submission of an application for certification. The borrower, and the cosigner if required under 20 AAC 18.025(d), must sign a promissory note for the loan award. Unless a cosigner's signature is authenticated through an electronic application and signature process approved by the commission, the commission may require the cosigner's signature to be notarized before submission. Liability for the loan is limited to the amount of support fees disbursed on behalf of the student and applicable interest.

(e) An applicant must apply directly to a participating school for admission.

(f) An applicant must send to the commission a copy of all offers of admission received from participating schools. An applicant's eligibility for certification terminates unless the applicant advises the commission of the applicant's intention to attend a participating school by June 15 of the year in which the program of study begins.

(g) An applicant who is accepted for enrollment must consent to the transfer of student records, enrollment information, and support fees among the state, WICHE, and the school of attendance. The commission will provide a form to the applicant for this purpose.

(h) Repealed 11/8/2000.

(i) A continuing PSE student is not required to reapply for certification each year, and will be presumed to be continuing for the regular degree program duration unless the student otherwise notifies commission staff.

(j) A PSE student who leaves school for more than one academic year before completing a program must reapply for certification. Recertification is not required for a leave of absence approved by the school for up to one year. However, repayment on the PSE loan must begin six months after the leave of absence begins, as required under 20 AAC 18.100(e) for borrowers who are no longer enrolled in a program. The commission will resume paying support fees when the PSE student returns as a continuing student in good standing the following term.

(k) An incomplete application shall be returned to the applicant with a request for additional information, unless the additional information is obtainable telephonically or electronically. Further action may not be taken on an incomplete application until it is resubmitted. The commission staff may require an applicant to furnish additional information and documents to verify statements on the application. The commission staff shall perform a credit history check on a loan applicant and a cosigner, if applicable.

(l) An applicant shall notify the commission staff immediately of a change in the institution to be attended, the dates of attendance, the program of study, or attendance status from that stated on the original application.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156; am 4/6/2018, Register 226; am 8/16/2024, Register 251

20 AAC 18.040 Certification procedure

(a) The commission staff shall notify WICHE of all eligible new PSE applicants for certification by November 15 on forms provided by WICHE. The commission staff shall send the names of alternate PSE applicants to WICHE periodically between November 15 and the date final certification status is determined.

(b) A new PSE applicant will be notified of the applicant's certification after all eligibility requirements are determined to have been met and loan money is determined to be available.

(c) The commission staff shall notify an alternate PSE applicant of the applicant's final certification status when previously certified PSE applicant's plans to attend are known, and the availability of loan money is determined.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156

20 AAC 18.050 Funding priority

(a) The commission staff may not certify an applicant for the PSE program until the commission determines the amount available to fund PSE loan applications for the school year.

(b) If money made available under AS 14.42.210(a) is not sufficient to offer PSE loans to all applicants who are eligible for certification, the commission will award PSE loans in the following order of priority:

(1) all continuing students in all fields;

(2) one new PSE applicant in each field determined through a cooperative ranking by participating schools as conducted by WICHE staff;

(3) remaining new PSE applicants in fields ranked according to a weighting system approved by the commission based on criteria established in 20 AAC 18.007; and

(4) alternate PSE applicants based on the ranking system set out in (2) and (3) of this subsection.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156

20 AAC 18.060 Support fee payment procedure

(a) Upon receipt of completed loan promissory notes from applicants and student support agreements and invoices from WICHE, the commission staff shall transmit the loan proceeds to WICHE for transmittal and disbursement of support fees to schools in the amount required for each participating student.

(b) A loan will be disbursed in proportionate installments based upon the terms, quarters, or semesters used by the institution of attendance.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156

20 AAC 18.070 Funding responsibilities

(a) The commission staff shall forward loan proceeds to pay support fees only for terms in which a PSE student is enrolled as a full-time student.

(b) If the student maintains certification and satisfactory academic progress according to the standards established by the school of attendance, the commission will continue to pay support fees through the normal length of time required for completion of the student's professional degree program, as established by the participating school.

(c) The commission will provide support for enrollment in an accelerated program if the total payment for a student in that program does not exceed the total payment for a student in a traditional program in the same field.

(d) The commission will provide support for the clinical experience required of a student in occupational therapy or physical therapy necessary to complete the professional degree program.

(e) The commission will not pay a support fee for a PSE student's repeat term or year.

(f) If a PSE student ends his or her enrollment, the commission staff shall apply any school refund received by the commission as a credit to that student's PSE loan obligation.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 1/18/81, Register 77; am 11/8/2000, Register 156

20 AAC 18.080 Student responsibilities

Repealed.

History

Eff. 1/18/81, Register 77; repealed 11/8/2000, Register 156

20 AAC 18.090 Definitions

Repealed.

History

Eff. 1/18/81, Register 77; am 7/24/85, Register 95; am 7/16/92, Register 123; repealed 11/8/2000, Register 156

20 AAC 18.100 Conditions and limitations of loan

(a) Within 30 days after the change, a borrower or cosigner, if any, shall report in writing to the commission any change that affects the conditions of a loan or its repayment schedule, including any change of the borrower's or cosigner's name or address, the borrower's residency status, or the borrower's change of institution, change in dates of attendance, change in attendance from full-time status, change in enrollment status, or withdrawal or dismissal from the course of study for which the loan was awarded.

(b) Interest on a PSE loan accrues from the time the loan is transmitted to WICHE. However, repayment of the interest is deferred while the borrower continues to be enrolled in the eligible degree program.

(d) Repealed 12/26/2014.

(e) A borrower's obligation to commence repayment of the principal and interest on the loan begins six months after the borrower is no longer enrolled in the eligible degree program. The borrower shall repay the total amount owed in periodic installments of at least $50 a month over a period of not more than 15 years from the commencement of the repayment obligation. If the commission and the borrower agree to a different repayment schedule, the borrower shall repay the loan in accordance with the agreement. A borrower may make payments earlier than required by this subsection or the agreement.

History

Authority: AS 14.42.200; AS 14.42.215; AS 14.44.040 AS 14.42.210; AS 14.44.035
Eff. 11/8/2000, Register 156; am 12/26/2014, Register 212

20 AAC 18.120 Repayment of loans

(a) The commission staff shall add accrued interest to the principal balance of the loan at the time the borrower is obligated to commence repayment under 20 AAC 18.100(e), or at the end of an approved period of deferment under 20 AAC 18.130. The commission staff shall add to the principal balance of the loan the interest that accrued and was unpaid due to the borrower's failure to provide

(1) the commission staff with the information required under 20 AAC 18.100(a) to calculate the correct date for the commencement of repayment under 20 AAC 18.100(e); or

(2) notice under 20 AAC 18.130(c) that eligibility for a deferment under 20 AAC 18.130(a)(1)-(3) has ended.

(b) If a payment is made on a loan in an amount larger than that required by the repayment schedule, the excess shall be applied first to any outstanding interest charges and then to the remaining principal balance of the loan.

(c) A payment on a delinquent loan shall be applied first to collection costs, then to any outstanding interest charges, then to the outstanding principal balance of the loan, until those amounts are paid in full.

(d) To obtain an extension on repayment of a loan due to economic hardship, a borrower must demonstrate compliance with the criteria set out in 20 AAC 15.960(d). An extension due to economic hardship may not last more than five years.

(e) A cosigner's obligation to repay a loan

(1) begins when the borrower's obligation begins; and

(2) continues even if the borrower's obligation to repay the loan is discharged or canceled before the loan, including interest, is repaid in full.

(f) During a borrower's deferment under 20 AAC 18.130(a)(3), a cosigner's obligation will not be deferred if the cosigner's signature was required under 20 AAC 18.025(b)(3).

(g) A cosigner, if any, will be notified of any deferment granted to a borrower, or any agreement reached with the borrower, that increases the amount due over time on the note.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 1/30/2003, Register 165; am 12/28/2008, Register 188

20 AAC 18.130 Deferment of payments

(a) A borrower may defer the borrower's obligation to make periodic payments under 20 AAC 18.100(e) during any of the following periods:

(1) for up to four years for return to full-time student status in good standing in a college or university that meets the requirements of AS 14.43.120(b)(2)(B);

(2) for a one-time period up to 12 months, if during that period the borrower is seeking and unable to find employment in the United States;

(3) during the period of disability if, after the loan is disbursed, the borrower becomes totally disabled; in order for a borrower to obtain a deferment, not to exceed three years, under this paragraph, a physician who practices within the medical field covering the disability, who has examined the borrower within the prior 12 months, and who is licensed to practice medicine in the state where the examination took place must certify that, after the date the commission last paid a support fee on behalf of the borrower, the borrower

(A) became permanently disabled; and

(B) as a result of the disability became unable for an indefinite period of time to be gainfully employed or to attend school full-time;

(4) an initial period of up to three years, if the borrower is serving on active duty during that period as a member of the armed forces of the United States;

(5) a period during which the borrower is recalled to active duty as a member of the armed forces of the United States in a time of war or other armed conflict.

(b) A deferment of payments does not suspend the accrual of interest due on the PSE loan during the period of the deferment.

(c) In order to obtain a deferment of payments, a borrower must apply on a form provided by the commission, showing the borrower's eligibility for the requested deferment and acceptance of the terms of the deferment agreement. Until the deferment application is approved by the commission staff, the borrower's original repayment schedule continues in effect. If the borrower meets the requirements of this section, the commission staff shall approve the deferment. If the deferment is approved, the commission staff shall send the borrower the deferment agreement.

(d) A borrower who has received a deferment shall immediately notify the commission if the conditions under which the deferment was granted no longer exist.

(e) A borrower who has defaulted on a PSE loan is not eligible for a deferment of that loan.

(f) For purposes of (a)(1) of this section, a student who is in an internship or residency that is required as part of the program of study is a full-time student.

(g) For purposes of (a)(3) of this section, a deferment may not be granted for a condition that existed at the time the PSE loan was disbursed unless the condition has substantially deteriorated since the time of the disbursement.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 12/31/2005, Register 176

20 AAC 18.140 Medical cancellations

(a) Except as provided in this section, and notwithstanding 20 AAC 18.200, an application to cancel a borrower's obligation to repay a PSE loan is subject to the requirements and procedures of 20 AAC 15.920.

(b) A borrower seeking cancellation of a loan due to medical disability shall submit a request on a form obtained from the commission. A physician who practices within the medical field covering the disability, who has examined the borrower within the prior 12 months, and who is licensed to practice medicine in the state where the examination took place must certify that, after the date the commission last paid a support fee on behalf of the borrower, the borrower

(1) became 100 percent permanently disabled; and

(2) as result of the disability became unable for an indefinite period of time to be gainfully employed or to attend school full-time.

(c) If the borrower had a pre-existing condition at the time that the borrower obtained the PSE loan, the physician must additionally certify that the condition has substantially deteriorated since the time that the borrower obtained the loan.

(d) If a cosigner is also obligated to repay the PSE loan, the commission staff will notify the cosigner of the medical cancellation application and give the cosigner an opportunity to show why the loan does not qualify for cancellation under this section.

(e) Notwithstanding the borrower's medical condition, the borrower may not obtain cancellation of the borrower's obligation on a PSE loan if the borrower has sufficient income and or financial resources to repay the PSE loan. The commission staff may require financial information from the borrower in order for the borrower's ability to repay the loan to be determined. The borrower is able to repay the loan if the borrower is ineligible for an extension for economic hardship under 20 AAC 18.120(d).

(f) A cosigner, if any, may bring an appeal or participate in a hearing under 20 AAC 15.920(e).

(g) Repealed 12/31/2005.

History

Authority: AS 14.42.030; AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 3/1/2002, Register 161; am 1/30/2003, Register 165; am 12/31/2005, Register 176; am 12/28/2008, Register 188

20 AAC 18.150 Default

(a) A loan is in default if

(1) a loan payment has become 180 or more days past due;

(2) the borrower or the cosigner, if any, has failed to comply with the applicable reporting requirements of 20 AAC 18.100(a); or

(3) the borrower or cosigner, if any, has falsified any information on the loan application or information required under AS 14.44 or this chapter.

(b) To prevent default under (a)(1) of this section, the borrower or cosigner, if any, must pay the delinquent amount before that amount is 180 days past due. Alternatively, a borrower or cosigner, if any, may enter into an alternative payment arrangement acceptable to the commission if the borrower or the cosigner can demonstrate that neither the borrower nor the cosigner, if any, is able to pay the delinquent amount.

(c) If a person entering into an alternative payment arrangement under (b) of this section fails to comply with the terms of the agreement, the person will be notified that the agreement will be void unless, within 30 days after notification of payment delinquency is sent, the person pays the entire delinquent amount owed under the agreement and cures any other failure to comply with the agreement. The agreement is void if the person does not cure the breach within that time.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 5/26/2011, Register 198

20 AAC 18.200 Complaints and appeals

A complaint or an appeal of a decision of or the program administration by the commission staff under this chapter is governed by 20 AAC 15.915.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156; am 1/30/2003, Register 165; am 12/28/2008, Register 188

20 AAC 18.980 Relationship of borrower and cosigner

For purposes of this chapter, "borrower" does not include a cosigner.

History

Authority: AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156

20 AAC 18.990 Definitions

As used in AS 14.44.010 - AS 14.44.035 and this chapter, unless the context requires otherwise,

(1) "alternate PSE applicant" means an eligible applicant for certification who applies after the deadline set for applications for WICHE certification;

(2) "certification" means the certification given by this state that a PSE applicant meets all requirements for participation in the PSE program and will receive support from the state to attend an eligible degree program at a participating school;

(3) "commission" means the Alaska Commission on Postsecondary Education;

(4) "cosigner" means a person who cosigns a loan under 20 AAC 18.025(d);

(5) "eligible degree program" means a professional level or graduate level degree program in a field of study that meets the requirements of 20 AAC 18.007;

(6) "full-time" means enrollment in a combination of courses, work experience, research, or special studies that the school considers full-time study for a graduate or professional degree;

(7) "participating school" means an accredited institution that has agreed under WICHE to enroll students in eligible degree programs;

(8) "PSE" or "PSE program" means the Professional Student Exchange Program of WICHE;

(9) "support fee" means the amount established by WICHE as a required fee for a student's participation in an eligible degree program, and transmitted from the commission through WICHE to the school on behalf of each PSE student enrolled; the support fee is the principal amount of the loan provided to the student;

(10) "WICHE" means the Western Interstate Commission for Higher Education.

History

Authority: AS 14.44.025; AS 14.44.035; AS 14.44.040
Eff. 11/8/2000, Register 156

Chapter 19 Financial Support for the WWAMI Program

20 AAC 19.010 Purpose of WWAMI Program

The Washington, Wyoming, Alaska, Montana, Idaho, (WWAMI) program provides access to medical education not otherwise available to qualifying Alaskans. Residents of this state compete only with other residents of this state for the positions reserved at the University of Washington School of Medicine through this state's participation in the WWAMI program. This state participates in the WWAMI program to address state health care needs by training physicians and allied health professionals, advancing knowledge, and assuming leadership in the fields of biomedical sciences and academic medicine. For the residents of this state who participate in the WWAMI program, this state pays the educational costs of the program that are not covered by tuition. A participant who does not return to the state and become employed in the medical field for which the support was provided under this chapter must repay the state a portion of the costs in accordance with AS 14.43.510(a).

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152; am 7/12/2008, Register 187

20 AAC 19.020 Application requirements

An applicant for participation in the WWAMI program must

(1) apply and be accepted for admission to the University of Washington School of Medicine;

(2) meet the eligibility requirement set out in 20 AAC 19.030; and

(3) agree under AS 14.43.510 to repay the financial support provided under this chapter.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152; am 7/12/2008, Register 187

20 AAC 19.030 Eligibility requirement

(a) A participant in the WWAMI program must maintain at all times an intent to return to this state upon completion of the program, and

(1) have physically resided in this state for at least two consecutive years ending with September 1 of the year before the participant begins class in the WWAMI program; or

(2) if not physically present in this state for the time period required under (1) of this section,

(A) have been absent due to the applicant's, or the applicant's spouse's status as a full-time student outside of this state and have physically resided in this state for at least two consecutive years immediately before the absence;

(B) have been absent due to full-time service in the United States armed forces and have physically resided in this state for at least two consecutive years immediately before the absence;

(C) have been absent due to full-time volunteer service in the Peace Corps and have physically resided in this state for at least two consecutive years immediately before the absence; or

(D) have been absent due to full-time engagement or employment in an experiential learning position that the Alaska WWAMI Admissions Committee determines to be directly relevant to the field of medicine and have physically resided in this state for at least two consecutive years immediately before the absence.

(b) For purposes of whether absences are allowable as described in this section, a participant may not have taken any action to establish residence in another state.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152; am 7/12/2008, Register 187

20 AAC 19.040 Employment obligation

(a) To qualify for forgiveness of a repayment obligation under AS 14.43.510, a participant in the WWAMI program must

(1) provide a copy of the participant's Alaska Medical license or residency permit;

(2) provide proof of full-time employment that meets the qualifications set out in AS 14.43.510; and

(3) provide certification on a form obtained from the commission that the participant has satisfied the requirements for forgiveness benefits set out in AS 14.43.510 and this section.

(4) repealed 7/12/2008.

(b) For purposes of this section, "full-time employment" means employment as a physician for at least 1,830 hours per year in the health care profession, including call and patient care.

(c) In order to qualify for a prorated forgiveness benefit as provided for in AS 14.43.510(e), a participant must have previously earned at least one year of forgiveness benefit.

(d) A participant who is engaged in qualifying employment in both rural and non-rural service areas in a single service year will receive the forgiveness percent based upon the service area in which the majority of the participant's employment occurred.

(e) A participant who has engaged in qualifying employment in both rural and non-rural service areas and has remaining forgiveness-qualifying debt of less than 20 percent of the total debt obligation must perform an additional prorated period of service to receive a full discharge of the loan obligation.

(f) Nothing in this section authorizes the refunding of any repayment of the loan or forgiveness of an amount that is already due and payable by the participant.

History

Authority: AS 14.43.510
Eff. 10/23/99, Register 152; am 7/12/2008, Register 187

20 AAC 19.050 Required notification

Within 30 days after the change, a participant in the WWAMI program shall report in writing to the commission any change that affects the conditions of a repayment obligation or repayment schedule, including

(1) change of name, address, or state residency status;

(2) graduation, withdrawal, leave of absence, or dismissal from the University of Washington School of Medicine;

(3) inability to make payments as scheduled; and

(4) termination or change in employment status that would affect eligibility for forgiveness benefits under AS 14.43.510.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152

20 AAC 19.060 Repayment

(a) A participant in the WWAMI program shall repay the total amount required to be repaid under AS 14.43.510 in monthly installments over a period of not more than 15 years from commencement of the repayment obligation.

(b) Procedures contained in 20 AAC 15.960(b) and (c) apply to payments on a repayment obligation under this chapter.

(c) If the participant requests and economic hardship is shown, the commission staff shall extend the payment period of a repayment obligation for an additional period of up to five years. Standards contained in 20 AAC 15.960(d) apply to determine economic hardship under this section. The participant must apply for an economic hardship extension on a form obtained from the commission, along with supporting documentation as required. The commission staff shall advise a participant of the increased costs associated with the extension of the repayment period.

(d) A repayment obligation is in default, and is accelerated and due in full, if

(1) a payment has become 180 or more days past due;

(2) the participant fails to comply with the applicable required notifications contained in 20 AAC 19.050; or

(3) the participant has falsified any information on the application or information required under AS 14.43 or this chapter.

(e) For the purpose of AS 14.43.510, the commission will consider a participant to have terminated studies if the participant is dismissed, takes a leave of absence, or withdraws from the University of Washington School of Medicine. If the participant resumes studies in the WWAMI program after a leave of absence, the person will no longer be considered to have terminated studies and interest accrual on the repayment obligation ceases at the time the participant resumes studies.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152; am 5/26/2011, Register 198

20 AAC 19.065 Forbearance for suspension of medical education program

If an administrator of a medical education program approves a suspension of the medical education program before a participant's completion or termination of study under the program, that participant will not be considered to have terminated the program of study and the commission will forbear the participant's repayment and service obligations. This period of forbearance will not be considered part of the repayment period.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 2/20/2005, Register 173

20 AAC 19.070 Deferment of payments and forbearance of the repayment and service obligation

(a) In order to obtain a deferment of payments or forbearance of the repayment and service obligation under AS 14.43.510, a participant must complete a form obtained from the commission, provide supporting documentation evidencing the participant's eligibility for the requested deferment or forbearance, and accept the terms of the deferment or forbearance agreement. Until the request for deferment or forbearance is approved, the participant's original repayment terms continue in effect.

(b) Within 30 days of a change that would affect the participant's eligibility for the deferment or forbearance, a participant who has received a deferment or forbearance under AS 14.43.510 shall notify the commission in writing of the change.

(c) For purposes of deferment under AS 14.43.510(c)(1), a participant enrolled in a medical education residency program required for the participant's specialty field of practice is considered to be continuing the participant's medical education program.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152; am 2/20/2005, Register 173

20 AAC 19.080 Deferment due to total disability

(a) A participant in the WWAMI program seeking deferment of repayment obligation based on total disability shall submit a request on a form obtained from the commission.

(b) A physician's certificate of total disability under AS 14.43.510 must certify that

(1) the physician practices within the medical field covering the disability;

(2) the physician has examined the participant within two months of the date of the certificate;

(3) the physician is licensed to practice medicine in the state where the examination took place; and

(4) subsequent to the date that the participant last received financial support under the WWAMI program, the participant is totally disabled because the participant became unable due to the disability to be gainfully employed for at least six months; the physician must state in the certificate the estimated duration of the total disability.

(c) If a period of total disability exceeds one year, the participant must annually submit a certificate that meets the requirements of (b) of this section. This subsection does not apply if the participant submits a certificate from the physician that meets the requirement of (b) of this section and the physician additionally certifies that the disability is expected to be permanent to a reasonable degree of medical certainty.

(d) If the participant seeks a deferment for a condition that existed while the commission provided financial support through the WWAMI program on behalf of the participant, the physician must additionally certify that the participant's condition has substantially deteriorated since the financial support as provided.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152

20 AAC 19.090 Complaints and appeals

(a) The commission will only accept and decide a complaint or an appeal of a decision of, or the WWAMI program administration by, the commission. Procedures contained in 20 AAC 15.915 apply to a complaint or an appeal filed under this subsection.

(b) The commission will not accept a complaint or an appeal concerning admission to or administration of the University of Washington School of Medicine relating to the WWAMI program.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152

20 AAC 19.900 Definitions

In this chapter, unless the context otherwise requires,

(1) "commission" means the Alaska Commission on Postsecondary Education;

(2) "full-time student" has the meaning given in 20 AAC 15.990;

(3) "participant" means a person participating in the WWAMI program under this chapter;

(4) "WWAMI program" means the Washington, Wyoming, Alaska, Montana, Idaho program described in 20 AAC 19.010.

History

Authority: AS 14.42.030; AS 14.43.510
Eff. 10/23/99, Register 152

Chapter 25 Alaska Oil and Gas Conservation Commission

Article 1 Drilling

20 AAC 25.005 Permit to drill

(a) Before drilling or redrilling a well or re-entering an abandoned well, a person shall submit and obtain the commission's approval of an application for a Permit to Drill (Form 10-401). If, after drilling a well, a person wishes immediately to redrill below the structural or conductor casing to a new bottom-hole location not requiring a spacing exception under 20 AAC 25.055, the person may request oral approval from the commission to avoid interruption of operations. If oral approval is obtained, the name of the representative of the commission who provided oral approval and the date of the approval must be included on the application for a Permit to Drill, which must be submitted by the commission's next working day for final approval by the commission.

(b) The commission will classify a well as

(1) exploratory;

(2) development, either oil or gas;

(3) service; or

(4) stratigraphic test.

(c) An application for a Permit to Drill must be accompanied by each of the following items, except for an item already on file with the commission and identified in the application:

(1) repealed 4/4/2013;

(2) a plat identifying the property and the property's owners and showing

(A) the coordinates of the proposed location of the well at the surface, at the top of each objective formation, and at total depth, referenced to governmental section lines;

(B) the coordinates of the proposed location of the well at the surface, referenced to the state plane coordinate system for this state as maintained by the National Geodetic Survey in the National Oceanic and Atmospheric Administration;

(D) other information required by 20 AAC 25.050(b);

(3) a diagram and description of the blowout prevention equipment (BOPE) as required by 20 AAC 25.035 or 20 AAC 25.036, as applicable;

(4) information on drilling hazards, including

(A) the maximum downhole pressure that may be encountered, criteria used to determine it, and maximum potential surface pressure based on a pressure gradient to surface of 0.1 psi per foot of true vertical depth, unless the commission approves a different pressure gradient that provides a more accurate means of determining the maximum potential surface pressure;

(B) data on potential gas zones; and

(C) data concerning potential causes of hole problems such as abnormally geo-pressured strata, lost circulation zones, and zones that have a propensity for differential sticking;

(5) a description of the procedure for conducting formation integrity tests, as required under 20 AAC 25.030(f);

(6) a complete proposed casing and cementing program as required by 20 AAC 25.030, and a description of any slotted liner, pre-perforated liner, or screen to be installed;

(7) a diagram and description of the diverter system as required by 20 AAC 25.035, unless this requirement is waived by the commission under 20 AAC 25.035(h)(2);

(8) a drilling fluid program, including a diagram and description of the drilling fluid system, as required by 20 AAC 25.033;

(9) for an exploratory or stratigraphic test well, a tabulation setting out the depths of predicted abnormally geo-pressured strata as required by 20 AAC 25.033(f);

(10) for an exploratory or stratigraphic test well, a seismic refraction or reflection analysis as required by 20 AAC 25.061(a);

(11) for a well drilled from an offshore platform, mobile bottom-founded structure, jack-up rig, or floating drilling vessel, an analysis of seabed conditions as required by 20 AAC 25.061(b);

(12) evidence showing that the requirements of 20 AAC 25.025 have been met;

(13) a copy of the proposed drilling program; the drilling program must indicate if a well is proposed for hydraulic fracturing as defined in 20 AAC 25.283(m); to seek approval to perform hydraulic fracturing, a person must make a separate request by submitting an Application for Sundry Approvals (Form 10-403) with the information required under 20 AAC 25.280 and 20 AAC 25.283;

(14) a general description of how the operator plans to dispose of drilling mud and cuttings and a statement of whether the operator intends to request authorization under 20 AAC 25.080 for an annular disposal operation in the well.

(d) For a well that is to be intentionally deviated, the requirements of 20 AAC 25.050(b) must be met.

(e) Each well branch requires a separate Permit to Drill. If a previously drilled well is proposed to be redrilled below the structural or conductor casing to a new bottom-hole location, the application for a Permit to Drill must be accompanied by all items required under (c) of this section. If concurrent multiple well branches are proposed from a single conductor, surface, or production casing,

(1) the applicant shall designate one well branch as the primary wellbore and include all items required under (c) of this section with the application for a Permit to Drill for that well branch; and

(2) for each other well branch, the application for a Permit to Drill need only include information under (c) of this section that is unique to that well branch.

(f) Each well must be identified by a unique name designated by the operator and a unique API number assigned by the commission under 20 AAC 25.040(b). For a well with multiple well branches, each branch must similarly be identified by a unique name and API number by adding a suffix to the name designated for the well by the operator and to the number assigned to the well by the commission.

(g) If drilling operations are not commenced with 24 months after the commission approves an application for a Permit to Drill, the Permit to Drill expires.

(h) A Permit to Drill is not valid at a location where the applicant does not have a right to drill for oil and gas.

History

Authority: AS 31.05.030; AS 31.05.090
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 6/4/2000, Register 154; am 1/5/2006, Register 177; am 12/28/2006, Register 180; am 4/4/2013, Register 206; am 1/7/2015, Register 213; am 7/25/2020, Register 235

20 AAC 25.010 Re-entry of a suspended well

(a) Before re-entering a suspended well to conduct completion operations, the operator shall submit and obtain the commission's approval of an Application for Sundry Approvals (Form 10-403). The Application for Sundry Approvals must set out the current condition of the well and the proposed program for completion operations.

(b) Before re-entering a suspended well to conduct drilling operations, the operator shall submit and obtain the commission's approval of an application for a Permit to Drill (Form 10-401) in conformance with 20 AAC 25.005.

(c) The operator shall file with the commission within 30 days after completion, abandonment, or suspension of the well a Well Completion or Recompletion Report and Log (Form 10-407) and all information required by 20 AAC 25.070(3) and 20 AAC 25.071.

History

Authority: AS 31.05.030; AS 31.05.090 Statutory Authority Authority: AS 41.06.110; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.015 Changes to a program in a permit to drill

(a) To change a program approved in a Permit to Drill (Form 10-401) before drilling operations start, the operator shall

(1) submit and obtain the commission's approval of a new application for a Permit to Drill if the proposed surface location is changed, if the proposed bottom-hole location or the proposed location of an objective formation is changed by more than 500 feet laterally or vertically, or if the change requires a spacing exception under 20 AAC 25.055; or

(2) otherwise notify the commission and obtain its approval of the change if the change is not covered by (1) of this subsection.

(b) To change a program approved in a Permit to Drill or to change information under 20 AAC 25.005(c) after drilling operations start, the operator shall

(1) submit and obtain the commission's approval of a new application for a Permit to Drill if the proposed bottom-hole location or the proposed location of an objective formation is changed by more than 500 feet laterally or vertically, or if the change requires a spacing exception under 20 AAC 25.055; or

(2) submit and obtain the commission's approval of an Application for Sundry Approvals (Form 10-403) if the change is not covered by (1) of this subsection; the Application for Sundry Approvals must set out the approved program, the current condition of the well, and the proposed changes; in cases where prompt approval is needed, oral approval may be requested from the commission; if oral approval is obtained, the name of the representative of the commission who provided oral approval and the date of the approval must be included on the Application for Sundry Approvals, which must be submitted within three days for final approval by the commission.

History

Authority: AS 31.05.030; AS 31.05.090
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 1/5/2006, Register 177; am 4/4/2013, Register 206

20 AAC 25.020 Designation of operator

(a) If an owner of a property wishes to designate a new operator for the property, the owner shall submit to the commission for approval a Designation of Operator (Form 10-411). The commission will not approve the designation of a new operator without the signature of the newly designated operator on the same Designation of Operator form. By signing the Designation of Operator form, the newly designated operator agrees to accept the obligations of an operator. The newly designated operator shall furnish a bond and, if required, security as provided for in 20 AAC 25.025. The commission's acceptance of the designated operator's bond constitutes the release of the former operator's bonding obligation for the property indicated on the Designation of Operator form.

(b) The operator shall notify the commission in writing not later than 30 days after any change in the operator's office address, primary telephone number, electronic mail address, or principal contact.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 31.05.030; AS 41.06.110; AS 41.06.120
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225) (Eff. 4/18/2026, Register 258

20 AAC 25.022 Notice of ownership

Within 15 days after a person becomes an owner of a property on which operations subject to this chapter are proposed to the commission or are being conducted, the person shall file a Notice of Ownership (Form 10-417).

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.025 Bonding

(a) An operator proposing to drill a well for which a permit is required under 20 AAC 25.005 shall file a bond and, if required under (2) of this subsection, security to ensure that each well is drilled, operated, maintained, repaired, plugged and abandoned and each location is cleared in accordance with this chapter. The bond must be

(1) a surety bond issued on Form 10-402A in favor of the Alaska Oil and Gas Conservation Commission by an authorized insurer under AS 21.09 whose certificate of authority is in good standing; or

(2) a personal bond of the operator on Form 10-402B accompanied by security guaranteeing the operator's performance; security must be in the form of a certificate of deposit or irrevocable letter of credit issued in the sole favor of the Alaska Oil and Gas Conservation Commission by a bank authorized to do business in the state, or must be in another form that the commission determines to be adequate to ensure payment.

(b) A bond, and if required, security must be in compliance with the following:

(1) a bond, and if required, security must be in the amount specified in the following table:

Number of Permitted WellheadsBond Amount1 - 5 wells$400,000 per well6 - 20 wells$2,000,000

plus an additional

$250,000 per well for

each well above five

(e.g., the bond for an op-

erator with eight wells

would be $2,750,000

($2,000,000 for

the first five wells plus

$250,000 per well for

wells 6 through 8))21 - 40 wells$6,000,00041 - 100 wells$10,000,000101 - 1,000 wells$20,000,000Over 1,000 wells$30,000,000

(2) for the purposes of this section, a wellhead is considered any well, excepting lateral well branches drilled from an existing well, for which the commission has issued a Permit to Drill (Form 10-401) that has not been permanently plugged and abandoned;

(3) upon request of an operator, or its own motion, the commission may increase or decrease the amounts set out in (1) of this subsection based on evidence that

(A) engineering, geotechnical, environmental, or location conditions warrant an adjustment of those amounts;

(B) a bond and, if required, security that is exclusively dedicated to the plugging and abandonment of one or more wells is in place with each landowner; or

(C) a bond and, if required, security that is in place with the United States Environmental Protection Agency is dedicated to the plugging and abandonment of underground injection control permitted Class I disposal wells.

(c) An operator with a bond and, if required, security in place on May 18, 2019 will be allowed to increase the amount of its bond and, if required, security to the amount required under (b) of this section in seven installments. The installments shall be made as follows:

(1) the first installment is due August 16, 2019 and must be a minimum of $500,000 or one-quarter of the difference between the operator's existing level of bonding and, if required, security and the level required under (b) of this section, whichever is greater;

(2) the second through sixth installments are due annually on August 16 of the five years following the first installment and must be a minimum of one-sixth of the difference between the operator's level of bonding, rounded up to the nearest thousand, and, if required, security after payment of the first installment and the level required under (b) of this section; and

(3) the final seventh installment is due on August 16 of the year following the sixth installment and must be in the amount of the difference between the operator's existing level of bonding, rounded up to the nearest thousand, and, if required, security and the level required under (b) of this section.

(d) A bond and, if required, security must remain in effect until the operator's wells have been permanently plugged and abandoned in accordance with 20 AAC 25.105 and the commission approves final clearance of the locations. The commission may then, at the operator's request and depending upon the count of active permitted wellheads for the operator, release all or a portion of the bond and security upon written request of the operator.

(e) The operator must provide written proof that the company that provides its bond or security in accordance with (a) of this section has agreed to provide the commission with written notification at least 90 days before the expiration or termination of any bond or security.

(f) Payment under a surety bond or security does not relieve an operator from any other legal requirements.

(g) The commission will not approve a permit to drill application from an operator that is out of compliance with this section.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.110; AS 41.06.150 AS 41.06.120; AS 41.06.185
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 5/18/2019, Register 230; am 3/7/2021, Register 237) (Eff. 4/18/2026, Register 258

20 AAC 25.026 Claims

Commission approval of the abandonment of a well and the release of the bond required by 20 AAC 25.025 constitutes a presumption of proper abandonment, but does not relieve an operator of further claim by the commission after the abandonment.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 11/7/99, Register 152

20 AAC 25.030 Casing and cementing

(a) A complete proposed well casing and cementing program must be submitted with an application for a Permit to Drill (Form 10-401). Unless modified or altered by pool rules established under 20 AAC 25.520, a well casing and cementing program must be designed to

(1) provide suitable and safe operating conditions for the total measured depth proposed;

(2) confine fluids to the wellbore;

(3) prevent migration of fluids from one stratum to another;

(4) ensure control of well pressures encountered;

(5) protect against thaw subsidence and freezeback effects within permafrost;

(6) prevent contamination of freshwater;

(7) protect significant hydrocarbon zones; and

(8) provide well control until the next casing is set, considering all factors relevant to well control including formation fracture gradients, formation pressures, casing setting depths, and proposed total depth.

(b) General well casing and cementing provisions are as follows:

(1) casing design and setting depth must be based on engineering and geologic factors relevant to the immediate vicinity, including the presence or absence of hydrocarbons, potential drilling hazards, and permafrost;

(2) for all casing strings on which blowout prevention equipment (BOPE) will be installed, cement may not be drilled out until sufficient compressive strength has been reached to obtain a valid formation integrity test;

(3) within permafrost intervals, fluids that have a freezing point above the minimum permafrost temperature may not be left in casing-by-casing annuli or inside the casing upon completion, suspension, or shutdown of well operations, without commission approval of an alternate method that the commission determines will prevent damage to the casing;

(4) if casing is subjected to prolonged drilling operations, the commission will, as necessary to verify casing integrity, require the casing to be pressure-tested, calipered, or otherwise evaluated by a method approved by the commission;

(5) if zonal coverage is required under (a) of this section, and the commission believes zonal isolation might not have been established, the commission will require a cement quality log or other method to demonstrate isolation of the zone.

(1) structural casing must be set by driving, jetting, or drilling to a minimum depth of 70 feet in offshore wells to support unconsolidated shallow strata, to provide hole stability for initial drilling operations, and to provide a competent anchor for a diverter system;

(2) for onshore wells, conductor casing must be set by driving, jetting, or drilling to a depth sufficient to provide anchorage for a diverter system, and for offshore wells, conductor casing must be set no less than 300 feet and no more than 1,000 feet below the mudline datum; however, the commission will

(A) approve a different casing setting depth if necessary to permit the casing shoe to be set in a competent formation or below formations that should be isolated; or

(B) authorize an operator to drill without setting conductor casing based upon information from wells drilled in the immediate vicinity and other available data, if the commission determines that the absence of conductor casing will not jeopardize well control;

(3) surface casing must be set below the base of all strata known or reasonably expected to serve as a source of drinking water for human consumption, below the base of permafrost, and at a depth sufficient to provide a competent anchor for BOPE;

(4) one or more intermediate casing strings must be set if required for protection of oil or gas or for protection against abnormally geo-pressured strata and lost circulation zones, or if otherwise required by well conditions;

(5) production casing must be set and cemented through, into, or just above the production interval;

(6) slotted liners, pre-perforated liners, and screens installed below a production packer are considered production equipment and not casing.

(d) Specific well casing cementing provisions are as follows:

(1) if structural casing is set by drilling or jetting, the structural casing must be cemented with sufficient cement to fill the annular space from the shoe to the surface;

(2) if conductor casing is set by drilling or jetting, the conductor casing must be cemented by filling the annular space with cement from the shoe to the surface; if BOPE is to be installed on the conductor casing, the adequacy of the cement to contain potential wellbore pressures and fluids must be demonstrated by a formation integrity test;

(3) conductor casing cement may be washed out to a depth not exceeding the depth of the structural casing shoe, if installed;

(4) surface casing must be cemented by filling the annular space with cement from the shoe to the surface; however, if cement does not circulate to the surface, if an excessive quantity of cement circulates to the surface, or if the formation integrity test shows an inadequate cement job,

(A) the operator shall notify the commission before drilling ahead; and

(B) the commission will require

(i) a cement quality log or other approved method to evaluate the adequacy of the cement to contain potential wellbore pressures and fluids; and

(ii) remedial action as necessary to meet the requirements of (a) of this section before drilling ahead;

(5) intermediate and production casing must be cemented with sufficient cement to fill the annular space from the casing shoe to a minimum of 500 feet measured depth or 250 feet true vertical depth, whichever is greater, above all significant hydrocarbon zones and abnormally geo-pressured strata or, if zonal coverage is not required under (a) of this section, from the casing shoe to a minimum of 500 feet measured depth or 250 feet true vertical depth, whichever is greater, above the casing shoe; if indications of improper cementing exist, such as lost returns, or if the formation integrity test shows an inadequate cement job,

(A) the operator shall notify the commission and obtain approval before drilling ahead; and

(B) the commission will require

(i) a cement quality log or other approved method to evaluate the adequacy of the cement to contain potential wellbore pressures and fluids; and

(ii) a plan of the remedial actions proposed to bring the well into compliance with (a) of this section;

(6) if the intermediate or production string is a liner, a minimum of 100 measured feet overlap between the outer and inner strings is required; the interval of overlap must be made pressure competent and must be pressure-tested in accordance with (e) of this section;

(7) for intermediate or production casing in a service well used for injection, a cement quality log or other evaluation log approved by the commission must be run to demonstrate isolation of the injected fluids to the approved interval.

(e) A casing pressure test must be performed if BOPE is to be installed on a casing. The casing must be tested to hold a minimum surface pressure equal to 50 percent of the casing internal yield pressure. The test pressure must show stabilizing pressure and may not decline more than 10 percent within 30 minutes. The results of this test and any subsequent tests of the casing must be recorded as required by 20 AAC 25.070(1).

(f) Except for through-tubing drilling, a formation integrity test must be performed if BOPE is installed on a casing. The test must be performed to a predetermined equivalent mud weight, leak-off, or fracture pressure as specified in the application for the Permit to Drill. The test must be conducted after drilling out of the casing shoe into at least 20 feet but not more than 50 feet of new formation. The test results must demonstrate that the integrity of the casing shoe is sufficient to contain anticipated wellbore pressures identified in the application for the Permit to Drill. The test procedure followed and the data from the test and any subsequent tests of the formation must be recorded as required by 20 AAC 25.070(1).

(g) Upon written request of the operator showing good cause, the commission may modify a deadline in this section, approve a variance from any requirement of this section if the variance provides at least an equally effective means of complying with the requirement, or approve a waiver of a requirement of this section if the waiver will not promote waste, is based on sound engineering and geoscience principles, will not jeopardize the ultimate recovery of hydrocarbons, will not jeopardize correlative rights, and will not result in an increased risk to health, safety, or the environment, including freshwater.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.110; AS 41.06.120; AS 41.06.130
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225; am 7/18/2018, Register 227) (Eff. 4/18/2026, Register 258

20 AAC 25.033 Primary well control for drilling: drilling fluid program and drilling fluid system

(a) A drilling operation must be equipped with a drilling fluid system meeting the requirements of this section, unless the commission determines that a drilling fluid system is not necessary for primary well control. The operator shall submit with an application for a Permit to Drill (Form 10-401) a proposed drilling fluid program and a diagram with a list of equipment for a drilling fluid system designed to prevent the loss of primary well control. The drilling fluid system must be designed to maintain the wellbore in overbalanced condition except as otherwise provided under (i) of this section. A drilling operation is also subject to the requirements of 20 AAC 25.527.

(b) A drilling fluid program and drilling fluid system intended to maintain the wellbore in overbalanced condition must be designed to provide and maintain

(1) a drilling fluid

(A) of sufficient density to overbalance the pressure of uncased formations penetrated; and

(B) with rheological properties designed to

(i) minimize the potential of a hydrostatic pressure surge or swab when the drilling assembly is run into or pulled out of the wellbore; and

(ii) enhance the drop-out of solids and the escape of entrained gas; and

(2) a volumetric capacity for drilling fluid reserves adequate for the volume of the wellbore, based on known or anticipated drilling conditions to be encountered, rig storage capacity, weather conditions, and estimated time for delivery.

(1) a recording drilling fluid pit level indicator with both visual and audible warning devices located in the immediate area of the driller's station;

(2) a drilling fluid measuring system or trip tank for accurately determining drilling fluid volumes required to fill the wellbore on trips;

(3) a drilling fluid flow sensor with a readout convenient to the driller's station to enable the operator to determine whether drilling fluid returns equal drilling fluid pump discharge rates;

(4) equipment to keep the drilling mud conditioned as appropriate for the drilling operation being conducted; and

(5) methane and hydrogen sulfide detection equipment as required by 20 AAC 25.066.

(d) Drilling fluid testing equipment must be on the drill site at all times. Tests to determine drilling fluid density and viscosity must be performed once each tour, or more frequently if conditions warrant.

(e) To ensure that primary well control is effectively maintained, the following practices must be employed in rotary drilling rig operations when tripping the drilling assembly out of the wellbore:

(1) the drilling fluid within the wellbore must be in balance and conditioned to maintain drilling fluid properties within close tolerance to the properties necessary for well control;

(2) the flow nipple or trip tank must be visually observed to ensure that there is no indication of formation fluid influx;

(3) the wellbore must be kept full of drilling fluid at all times;

(4) the annulus must be filled with fluid

(A) each time that five stands of drill pipe have been removed from the wellbore; and

(B) more frequently than required in (A) of this paragraph, if necessary to prevent the hydrostatic pressure from dropping by 75 psi or more;

(5) the volume of drilling fluid required to keep the wellbore full while tripping the drilling assembly out of the wellbore must be measured and recorded on the daily drilling report or trip sheet.

(f) Additional requirements that apply to exploratory and stratigraphic test wells are as follows:

(1) the operator shall include with an application for a Permit to Drill a tabulation that sets out the depths of predicted abnormally geo-pressured strata;

(2) if the operator has geophysical data from the area, the operator shall include with an application for a Permit to Drill a seismic velocity analysis constrained by germane well data to predict the potential of encountering abnormally geo-pressured strata, with the analysis displayed by plotting interval transit time versus depth; as the commission considers necessary to evaluate the potential for a well control problem, the commission will require a review from the operator of the velocity analysis and of the plot of interval transit time versus depth;

(3) if the operator does not have geophysical data from the area, the operator shall include with an application for a Permit to Drill an analysis of germane well data to predict the potential of encountering abnormally geo-pressured strata;

(4) a drilling fluid monitoring unit must be used and continuously observed during drilling rig operations, including tripping, to monitor and record

(A) gas entrained in the drilling fluid;

(B) drilling fluid density;

(D) the rate of penetration; and

(E) hydrogen sulfide, as required by 20 AAC 25.065;

(5) means for communication between the drilling fluid monitoring unit and the drill rig floor must be installed and maintained in working condition while open hole operations are taking place, and drill rig floor personnel must be notified immediately if excursions from normal trends occur for any of the parameters set out in (4) of this subsection.

(g) If drilling an exploratory or stratigraphic test well, or if drilling a development or service well while known hydrocarbon-bearing strata are exposed to open hole, the operator shall take a drilling fluid return sample and test the sample to determine density just before tripping the drill pipe. Density test results must be recorded as required by 20 AAC 25.070(1). If the density is less than that of the drilling fluid being pumped down the drilling assembly, the drilling fluid must be circulated and conditioned until a close tolerance of the properties of the return drilling fluid with the input drilling fluid is achieved.

(h) If formation competence at the structural casing setting depth is not adequate to permit circulation of drilling fluids while drilling the conductor hole, a program that provides for safety in that drilling operation must be described and submitted to the commission for approval. This program must be supported by pertinent information including seismic and geologic data, water depth, drilling fluid hydrostatic pressure, and a contingency plan for moving off location.

(i) The commission will approve underbalanced drilling operations and associated equipment changes if the commission determines that underbalanced drilling operations can be performed without loss of well control. A request for underbalanced drilling must include a description of all equipment and procedures to ensure proper containment of formation and return fluids.

(j) Upon request by the operator, the commission will, in its discretion, approve a waiver of the requirements of (c) - (g) of this section if the alternative drilling fluid program and drilling fluid system meet the design criteria of (b) of this section and the corresponding equipment and procedures are at least equally effective in preventing the loss of primary well control.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.035 Secondary well control for primary drilling and completion: blowout prevention equipment and diverter requirements

(a) This section applies to drilling and completion operations other than those covered by 20 AAC 25.036. These operations are also subject to the requirements of 20 AAC 25.527.

(b) The operator shall submit the following information with the application for a Permit to Drill (Form 10-401) or refer in the application to that information if that information is already on file with the commission:

(1) a diagram of the blowout preventer (BOP) stack or diverter and related equipment for each proposed casing installation;

(2) a list of the blowout prevention equipment (BOPE) and if applicable, diverter equipment with specifications.

(c) Except as provided in (d) and (h) of this section, a high capacity flow diverter system must be installed to provide safety for personnel and equipment before rotary rig drilling is performed below a well's structural or conductor casing, unless the casing is equipped with BOPE conforming with (e) of this section. The following provisions apply to a diverter system:

(1) the diverter system must consist of a remotely operated annular pack-off device, a full-opening vent line valve, and a diverter vent line with a diameter

(A) of at least 16 inches, unless a smaller diameter is approved by the commission to account for smaller hole size, geological conditions, rig layout, or surface facility constraints; and

(B) at least as large as the diameter of the hole to be drilled, unless a pilot hole with a diameter no larger than that of the vent line is drilled first; the commission will waive the requirement of this paragraph if the operator demonstrates, based on drilling experience in the near vicinity, that drilling a pilot hole would not be necessary for safety;

(2) the diverter system must be assembled as follows:

(A) the diverter vent line outlet must be located below the annular pack-off, either as an integral part of the annular pack-off device or as a vent-line outlet spool immediately below it;

(B) the actuating mechanism for the vent line valve must be integrated with the actuating mechanism for the annular pack-off device in a fail-safe manner so that the vent line valve automatically opens before full closure of the annular pack-off;

(i) away from a potential source of ignition; and

(ii) beyond the drill rig substructure, or to a point within the reserve pit and at least 50 feet beyond the drill rig substructure;

(D) the vent line must be as straight as possible, secured to prevent movement, and designed to avoid freeze-up;

(E) the vent line may be secured to the rig and with portable cradle supports, but may not be attached to flowlines, cable trays, or other processing equipment;

(F) all turns with a bend radius less than 20 times the inside diameter of the vent line must be targeted;

(G) all valves must be full-opening;

(3) a clearly marked "warning zone" must be established on each side and ahead of the vent line tip, and the following restrictions must be in effect within the warning zone, beginning with the function test of the diverter system immediately before drilling operations begin and ending with diverter system rig-down:

(A) a prohibition on vehicle parking;

(B) a prohibition on ignition sources or running equipment;

(D) the restriction of traffic to essential foot or vehicle traffic only;

(4) the commission will, in its discretion, inspect the diverter system for compliance with the requirements of this subsection and require the operator to test the system to ensure proper operation.

(d) If the formation competence at the structural casing setting depth is not adequate to permit use of a diverter system while drilling the conductor hole, a program that provides for safety in that drilling operation must be described and submitted to the commission for approval. This program must be supported by pertinent information including seismic and geologic data, water depth, drilling fluid hydrostatic pressure, and a contingency plan for moving off location.

(e) A well must be equipped with BOPE meeting the requirements of this subsection from the time that open hole drilling operations begin below the surface casing until the drilled portion has been plugged or the well is completed, except if hydraulic communication to the open hole section is isolated. The following provisions apply to BOPE and other well control equipment:

(1) in rotary drilling rig operations,

(A) for an operation with a maximum potential surface pressure of 3,000 psi or less, BOPE must have at least three preventers, including

(i) one equipped with pipe rams that fit the size of drill pipe, tubing, or casing being used, except that pipe rams need not be sized to bottom-hole assemblies (BHAs) and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type; and

(B) for an operation, other than a casing or liner operation, with a maximum potential surface pressure of greater than 3,000 psi, BOPE must have at least four preventers, including

(i) two equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type;

(C) for a casing or liner operation with a maximum potential surface pressure of greater than 3,000 psi, BOPE must have at least four preventers, including

(i) one equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one equipped with pipe rams that fit the size of casing or liner being used;

(iii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iv) one annular type;

(2) in coiled tubing unit operations, the well control equipment must include

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) a high pressure pack-off, stripper, or annular type preventer;

(iii) if pressure deployment of tools, tubing, liner, or casing is planned, a riser or lubricator sized to the BHA and providing for pressure integrity from the BOPE rams to the high pressure pack-off, stripper, or annular type preventer; and

(iv) at least one preventer equipped with pipe rams that fit the size of tubing, liner, or casing being used, except that pipe rams need not be sized to BHAs and drill collars; and

(B) for an operation, other than a casing or liner operation, with a maximum potential surface pressure of greater than 5,000 psi,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iv) at least two preventers equipped with pipe rams that fit the size of tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iii) if pressure deployment of tools, tubing liner, or casing is planned, a riser or lubricator sized to the BHA and providing for pressure integrity from the BOPE rams to the high pressure pack-off, stripper, or annular type preventer;

(iv) at least one preventer equipped with pipe rams that fit the size of the tubing being used, except that pipe rams need not be sized to BHAs and drill collars; and

(v) at least one preventer equipped with pipe rams that fit the size of casing or liner being used;

(3) the rated working pressure of the BOPE and other well control equipment must exceed the maximum potential surface pressure to which it may be subjected; the commission will specify in the approved Permit to Drill the working pressure that the equipment must be rated to meet or exceed; however, the rated working pressure of the annular type preventer need not exceed 5,000 psi, unless the commission requires a higher rated working pressure as the commission considers necessary to maintain well control; if the maximum potential surface pressure exceeds the rated working pressure of the annular type preventer, the operator shall submit with the application for a Permit to Drill a well-control procedure that indicates how the annular type preventer will be used and what pressure limitations will be applied during each mode of pressure control;

(4) a BOPE assembly must include

(A) a hydraulic actuating system with

(i) sufficient accumulator capacity to supply 150 percent of the volume necessary to close all BOPs, except blind rams, and to open the remotely controlled hydraulic valve while maintaining a minimum pressure of 200 psi above the required precharge pressure when all BOPs, except blind rams, are closed and all power sources are shut off; and

(ii) an accumulator pump system consisting of two or more pumps with independent primary and secondary power sources and an accumulator backup system having sufficient capacity to close all BOPs and to hold them closed;

(B) locking devices on the ram-type preventers;

(D) in rotary drilling rig operations, one complete set of operable remote BOPE controls on or near the driller's station, in addition to controls on the accumulator system;

(E) in coiled tubing operations, one complete set of operable remote BOPE controls on or near the operator's station and, if these controls are not in close proximity to the drilling platform floor, a second annular type preventer closing control located on the drilling platform floor;

(F) a kill line and a choke line each connected to a flanged or hubbed outlet on a drilling spool or on the BOP body with two full-opening valves on each outlet, conforming to the following specifications:

(i) the outlets must be at least two inches in nominal diameter, except that for rotary drilling rig operations, if the operation has a maximum potential surface pressure of greater than 3,000 psi, the nominal diameter of the choke outlets must be at least three inches;

(ii) each valve must be sized at least equal to the required size of the outlet to which it is attached;

(iii) the outer valve on the choke side must be a remotely controlled hydraulic valve;

(iv) the inner valve on both the choke and kill sides may not normally be used for opening or closing on flowing fluid;

(G) in rotary drilling rig operations, a fill-up line above the uppermost BOP; and

(H) a choke manifold equipped with

(i) two or more adjustable chokes, one of which must be hydraulic and remotely controlled from near the driller's station if the operation has a maximum potential surface pressure of greater than 3,000 psi;

(ii) a line at least two inches in nominal diameter downstream of each choke;

(iii) immediately upstream of each choke, at least one full-opening valve for an operation with a maximum potential surface pressure of 3,000 psi or less, or at least two full-opening valves for an operation with a maximum potential surface pressure of greater than 3,000 psi; and

(iv) a bypass line, at least the diameter of the choke line, with at least one full-opening valve for an operation with a maximum potential surface pressure of 3,000 psi or less, or at least two full-opening valves for an operation with a maximum potential surface pressure of greater than 3,000 psi;

(5) the rated working pressure of the wellhead assembly and of all valves, pipes, rotary hoses, and other fittings, including all sections of the choke manifold that are subject to full wellhead pressure, must equal or exceed the required working pressure specified for the BOPE in the approved Permit to Drill, except that the rated working pressure of lines downstream of the choke need not exceed 50 percent of the required working pressure of the BOPE;

(6) kill and choke lines must

(A) be constructed of rigid steel pipe, fire-resistant rotary hose, or other conduit that has been approved by the commission as capable of withstanding the temperature and pressure of an ignited uncontrolled release;

(B) be as straight as practical;

(C) if constructed of rigid steel pipe, use targeted turns where the bend radius is less than 20 times the inside diameter of the pipe;

(D) be secured to prevent excessive whip or vibration;

(E) be sized to prevent excessive erosion or fluid friction; and

(F) be assembled without hammer unions or internally clamped swivel joints, unless the commission determines that those joints do not compromise maintenance of well control;

(7) for lubricated drilling operations or operations below a normally closed annular type preventer, the choke line may be used for drilling returns;

(8) connections attached directly to the wellhead, tree, or BOPE must be flanged or hubbed;

(9) for rotary drilling rig operations, auxiliary well control equipment must include

(A) a kelly cock valve installed below the swivel and, at the bottom of the kelly, a full-opening lower kelly valve of a design that allows it to be run through the BOP stack, with a properly sized wrench for each valve stored in a conspicuous location readily accessible to the drilling crew; and

(B) an inside BOP and a full-opening drilling assembly safety valve in the open position on the drill rig floor to fit all connections that are in the drilling assembly;

(10) the BOPE must be tested as follows:

(A) when installed, repaired, or changed on a development or service well and at time intervals not to exceed each 14 days thereafter, BOPE, including kelly valves, emergency valves, and choke manifolds, must be function pressure-tested to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure; however, the commission will require that the BOPE be function pressure-tested weekly, if the commission determines that a weekly BOPE pressure test interval is indicated by a particular drilling rig's BOPE performance;

(B) when installed, repaired, or changed on an exploratory or stratigraphic test well and at least once a week thereafter, BOPE, including kelly valves, emergency valves, and choke manifolds, must be function pressure-tested to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(C) if any BOP equipment components have been used for well control or other equivalent purpose, or when routine use of the equipment may have compromised its effectiveness, the components used must be function pressure-tested, before the next wellbore entry, to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(D) BOP ram and annular components except blind rams must be function-tested weekly, and all BOP ram and annular components must be function-tested after an action that disconnects the hydraulic system lines from the BOPE, except that if the workstring is continuously in the well, function-testing of blind rams must be performed as soon as possible after the workstring is pulled out of the well and the BHA clears the BOP;

(E) for each BOPE test during drilling and completion operations, variable bore rams must be function pressure-tested to the required pressure on the smallest outside diameter (OD) and largest outside diameter (OD) tubulars that may be used during that test cycle, except that variable bore rams need not be tested on BHAs and drill collars;

(F) after they are installed in the BOP stack, the rams for casing or liner must be function pressure-tested to the required pressure before running casing;

(G) BOPE test results must be recorded as part of the daily record required by 20 AAC 25.070(1), and must be provided to the commission, in a format approved by the commission, within five days after completing the test;

(H) at least 24 hours notice of each BOPE function pressure test must be provided to the commission so that a commission representative can witness the test;

(11) the operator shall report to the commission within 24 hours any instance of BOPE use to prevent the flow of fluids from a well.

(f) In consultation with the drilling rig supervisor, the commission will, in its discretion, require drills simulating well control problems. The commission will, in its discretion, include in the drills any combination of raising or lowering the pit level indicator, advancing or retarding the flow rate indicator, or actuating the gas detectors.

(g) In a rotary drilling rig operation, the operator shall have on location a copy of the approved Permit to Drill and shall post on the drilling rig floor the drilling hazard information required by 20 AAC 25.005(c)(4) and a copy of the operator's standing orders specifying well control procedures. In a coiled tubing operation, the operator shall post in the operator's cab a copy of the approved Permit to Drill, the drilling hazard information required by 20 AAC 25.005(c)(4), and a copy of the standing orders specifying well control procedures. If an additional or separate substructure is used in a coiled tubing operation, the operator shall post a second set of standing orders on the drilling platform floor.

(h) Upon request of the operator, the commission will, in its discretion, approve a variance

(1) from the BOPE requirements in (e) of this section if the variance provides at least an equally effective means of well control; and

(2) from the diverter system requirements in (c) of this section if the variance provides at least equally effective means of diverting flow away from the drill rig or if drilling experience in the near vicinity indicates that a diverter system is not necessary.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 2/22/81, Register 77; am 4/2/86, Register 97; am 11/7/99, Register 152; am 10/24/2004, Register 172; am 12/28/2006, Register 180; am 7/12/2007, Register 183; am 7/25/2020, Register 235

20 AAC 25.036 Secondary well control for through-tubing drilling and completion: blowout prevention equipment requirements

(a) This section applies to drilling and completion operations performed through existing production tubing. These operations are also subject to the requirements of 20 AAC 25.527.

(1) a diagram of each blowout preventer (BOP) stack and related well control equipment to be used;

(2) a list of the blowout prevention equipment (BOPE) with specifications.

(c) A well must be equipped with BOPE meeting the requirements of this subsection from the time that drilling penetrates beyond casing or liner until the drilled portion has been plugged or the well is completed, except if hydraulic communication to the open hole section has been isolated. The following provisions apply to BOPE and other well control equipment:

(1) in rotary drilling rig operations,

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less, BOPE must have at least three preventers, including

(i) one equipped with pipe rams that fit the size of drill pipe, tubing, or casing being used, except that pipe rams need not be sized to bottom-hole assemblies (BHAs) and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams;

(iii) one annular type; and

(B) for an operation other than a casing or liner operation, with a maximum potential surface pressure of greater than 5,000 psi, BOPE must have at least four preventers, including

(i) two equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type; and

(C) for a casing or liner operation with a maximum potential surface pressure of greater than 5,000 psi, BOPE must have at least four preventers, including

(i) one equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one equipped with pipe rams that fit the size of casing or liner being used;

(iii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iv) one annular type;

(2) in coiled tubing unit operations, the well control equipment must include

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) a high pressure pack-off, stripper, or annular type preventer;

(iv) at least one preventer equipped with pipe rams that fit the size of the tubing, liner, or casing being used, except that pipe rams need not be sized to BHAs and drill collars;

(B) for an operation, other than a casing or liner operation with a maximum potential surface pressure of greater than 5,000 psi,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iv) at least two preventers equipped with pipe rams that fit the size of the tubing being used, except that pipe rams need not be sized to BHAs and drill collars; and

(i) BOPE rams providing for pipe, slip cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iv) at least one preventer equipped with pipe rams that fit the size of the tubing being used, except that pipe rams need not be sized to BHAs and drill collars; and

(v) at least one preventer equipped with pipe rams that fit the size of casing or liner being used;

(3) the rated working pressure of the BOPE and other well control equipment must exceed the maximum potential surface pressure to which it may be subjected; the commission will specify in the approved Permit to Drill the working pressure that the equipment must be rated to meet or exceed; however, the rated working pressure of an annular type preventer need not exceed 5,000 psi, unless the commission requires a higher rated working pressure as the commission considers necessary to maintain well control; if the maximum potential surface pressure exceeds the rated working pressure of the annular type preventer, the operator shall submit with the application for a Permit to Drill a well control procedure that indicates how the annular type preventer will be used and the pressure limitation that will be applied during each mode of pressure control;

(4) a BOPE assembly must include

(A) a hydraulic actuating system with

(ii) an accumulator pump system consisting of one or more pumps with independent primary and secondary power sources, and an accumulator backup system having sufficient capacity to close all BOPs and to hold them closed;

(B) locking devices on the ram-type preventers;

(D) in rotary drilling rig operations, one complete set of operable remote BOPE controls on or near the driller's station, in addition to controls on the accumulator system;

(F) a kill line and a choke line each connected to a flanged or hubbed outlet on a drilling spool, the BOP body, or the tree, with two full-opening valves on each outlet, conforming to the following specifications:

(i) the outlets and valves must be at least two inches in nominal diameter;

(ii) the outer valve on the choke side must be a remotely controlled hydraulic valve;

(iii) the inner valve on both the choke and kill sides may not normally be used for opening or closing on flowing fluid;

(G) for open hole deployment, an annular type preventer, unless a lubricator of sufficient length to enclose the entire BHA below a high pressure sealing element is used; and

(H) for conventional open loop fluid process drilling operations, a choke manifold equipped with

(i) two or more adjustable chokes, one of which must be hydraulic and remotely controlled from near the driller's or operator's station if the operation has a maximum potential surface pressure of greater than 3,000 psi;

(ii) a line at least two inches in nominal diameter downstream of each choke;

(iii) immediately upstream of each choke, at least one full-opening valve for an operation with a maximum potential surface pressure of 5,000 psi or less, or at least two full-opening valves for an operation with a maximum potential surface pressure of greater than 5,000 psi; and

(iv) a bypass line at least two inches in nominal diameter with at least one full-opening valve immediately upstream of each choke for an operation with a maximum potential surface pressure of 5,000 psi or less, or with at least two full-opening valves immediately upstream of each choke for an operation with a maximum potential surface pressure of greater than 5,000 psi;

(5) in an underbalanced drilling operation, well control equipment must have bi-directional slip capabilities;

(6) the rated working pressure of the wellhead assembly and of all valves, pipes, rotary hoses, and other fittings, including all sections of the choke manifold that are subject to full wellhead pressure, must equal or exceed the required working pressure specified for the BOPE in the approved Permit to Drill, except that the rated working pressure of lines downstream of the choke need not exceed 50 percent of the required working pressure of the BOPE;

(7) for lubricated drilling operations or operations below a normally closed annular type preventer, the choke line may be used for drilling returns;

(8) at least one positive seal manual or hydraulic valve or BOPE blind ram, one set of BOPE pipe rams, and, if used, the drilling spool must be flanged to the wellhead or tree;

(9) connections directly to the BOPE, other than connections described in (8) of this subsection, must be flanged or hubbed, except that suitably pressure-rated quick connects may be used if a positive seal manual valve, hydraulic valve, or BOPE blind ram and an annular type preventer or sealing ram are flanged to the wellhead or tree below the quick connection;

(10) kill and choke lines must

(B) be as straight as practical;

(C) if constructed of rigid steel pipe, use targeted turns where the bend radius is less than 20 times the inside diameter of the pipe;

(D) be secured to prevent excessive whip or vibration;

(E) be sized to prevent excessive erosion or fluid friction; and

(F) be assembled without hammer unions or internally clamped swivel joints, except that hammer unions and internally clamped swivel joints may be used on the kill line upstream of the valves that are flanged to the wellhead or tree.

(d) A BOPE assembly must be tested as follows:

(1) when installed, repaired, or changed on a development or service well and at time intervals not to exceed each 14 days thereafter, BOPE, including kelly valves, emergency valves, and choke manifolds, must be function pressure-tested to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure; however, the commission will require that the BOPE be function pressure-tested weekly, if the commission determines that a weekly BOPE pressure test interval is indicated by a particular drilling rig's BOPE performance;

(2) when installed, repaired, or changed on an exploratory or stratigraphic test well and at least once a week thereafter, BOPE, including kelly valves, emergency valves, and choke manifolds, must be function pressure-tested to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(3) other well control equipment must be pressure-tested to the maximum potential wellhead pressure after each installation of the well control equipment and before wellbore entry, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(4) if any BOP equipment components have been used for well control or other equivalent purpose, or when routine use of the equipment may have compromised its effectiveness, the components used must be function pressure-tested, before the next wellbore entry, to the required working pressure specified in the approved Permit to Drill, using a non-compressible fluid, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(5) BOP ram and annular components except blind rams must be function-tested weekly, and all BOP ram and annular components must be function-tested after an action that disconnects the hydraulic system lines from the BOPE, except that if the workstring is continuously in the well, function-testing of blind rams must be performed as soon as possible after the workstring is pulled out of the well and the BHA clears the BOP;

(6) for each BOPE test during drilling and completion operations, variable bore rams must be function pressure-tested to the required pressure on the smallest outside diameter (OD) and largest outside diameter (OD) tubulars that may be used during that test cycle, except that variable bore rams need not be tested on BHAs and drill collars;

(7) BOPE test results must be recorded as part of the daily record required by 20 AAC 25.070(1), and must be provided to the commission, in a format approved by the commission, within five days after completing the test;

(8) at least 24 hours notice of each BOPE function pressure test must be provided to the commission so that a representative of the commission can witness the test.

(e) In a rotary drilling rig operation, the operator shall have on location a copy of the approved Permit to Drill and shall post on the drilling rig floor the drilling hazard information required by 20 AAC 25.005(c)(4) and a copy of the operator's standing orders specifying well control procedures. In a coiled tubing operation, the operator shall post in the operator's cab a copy of the approved Permit to Drill, the drilling hazard information required by 20 AAC 25.005(c)(4), and a copy of the standing orders specifying well control procedures. If an additional or separate substructure is used in a coiled tubing operation, the operator shall post a second set of standing orders on the drilling platform floor.

(f) Upon request of the operator, the commission will, in its discretion, approve a variance from the requirements of this section if the variance provides at least an equally effective means of well control.

(g) The operator shall report to the commission within 24 hours any instance of BOPE use to prevent the flow of fluids from a well.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152; am 10/24/2004, Register 172; am 12/28/2006, Register 180

20 AAC 25.037 Well control requirements for other drilling and completion operations

Repealed.

History

Eff. 11/7/99, Register 152; repealed 7/25/2020, Register 235

20 AAC 25.040 Well identification

(a) Every well must be identified by a sign posted in a conspicuous place. During the period of time from commencement of drilling operations to well completion, suspension, or abandonment, the sign must be on or near the drill rig, but not more than 100 feet from the well. After well completion or suspension, the well sign must be at the wellhead or on the wellhead building. The sign must be of durable construction, large enough to be legible under normal conditions at a distance of 50 feet, and maintained in legible condition. Each sign must show the

(1) name of the well or primary wellbore as designated by the operator under 20 AAC 25.005(f) for the well drilled from the surface location;

(2) name of the owner;

(3) name of the operator if different from the owner;

(4) API number that the commission has, under (b) of this section, assigned to the well;

(5) well surface location by governmental quarter section, section, township, and range; and

(6) Permit to Drill number that the commission has assigned under (b) of this section.

(b) The commission will assign a Permit to Drill number and an API number when a Permit to Drill (Form 10-401) is approved.

(c) For platforms or multiple-well drill sites, the information required in (a)(2) - (a)(5) of this section may be posted on one sign on the platform or at the main entrance to the drill site.

(d) For wells with more than one permitted wellbore (i.e. multi-branch completion) the primary wellbore will require compliance with (a)(1) - (6) of this section. Individual branch details as specified by (a)(1) - (6) of this section need not be posted but must be available upon request. The wellhead sign must include the suffix "ML" in the wellname indicating multiple active wellbores are present.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.160; AS 41.06.195 AS 41.06.135; AS 41.06.175
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 11/3/2013, Register 208) (Eff. 4/18/2026, Register 258

20 AAC 25.045 Sealing off strata

Repealed 4/2/86.

20 AAC 25.047 Reserve pits and tankage

Repealed.

History

Eff. 4/2/86, Register 97; am 11/7/99, Register 152; repealed 7/25/2020, Register 235

20 AAC 25.050 Wellbore surveys

(a) A well that is not intentionally deviated must be

(1) drilled as close to vertical as is possible using conventional drilling techniques, except that deviation is permitted for short intervals to straighten the hole, sidetrack junk, or correct mechanical difficulties;

(2) surveyed to determine the inclination from vertical with surveys starting at 500 feet and no more than 500 feet apart to total depth; and

(3) surveyed by a complete continuous directional survey if a portion of the well path is less than 500 feet from a property line where the ownership by owner or landowner is not identical on both sides of the line, or if a portion of the well path is less than 200 feet from any other vertical or deviated well; the survey must be taken at intervals not more than 100 feet apart, beginning within 100 feet of the surface.

(b) If a well is to be intentionally deviated, the application for a Permit to Drill (Form 10-401) must

(1) include a plat, drawn to a suitable scale, showing the path of the proposed wellbore, including all adjacent wellbores within 200 feet of any portion of the proposed well; and

(2) for all wells within 200 feet of the proposed wellbore

(A) list the names of the operators of those wells, to the extent that those names are known or discoverable in public records, and show that each named operator has been furnished a copy of the application by certified mail; or

(B) state that the applicant is the only affected owner.

(1) directionally surveyed at intervals not more than 500 feet apart on straight or tangent sections of the well during the normal course of drilling, and at intervals not exceeding 100 feet in all portions of the hole where intentional angle changes are performed;

(2) surveyed by a continuous directional survey if a portion of the well path is less than 500 feet from a property line where the ownership by owner or landowner is not identical on both sides of the line; the survey must be taken at intervals not more than 100 feet apart, beginning within 100 feet of the surface; and

(3) surveyed by a continuous directional survey if a deviated portion of the wellbore is less than 200 feet from any other vertical or deviated well; the survey must be taken at intervals not more than 100 feet apart, beginning within 100 feet of the surface.

(d) Within 30 days after the completion, abandonment, or suspension of a well, and within 30 days after completion or plugging of a well branch, a complete digital copy of each inclination and directional survey not previously filed must be filed with the commission in a format acceptable to the commission. A composite survey may additionally be filed if the operator believes this would better represent the well course. If a composite survey is filed, the operator shall specify the portion of each survey used in the composite.

(e) If the final location of the producing interval of a well is not in compliance with 20 AAC 25.055 or with pool rules established under 20 AAC 25.520, the operator shall apply for an exception. The commission will review the application in accordance with 20 AAC 25.540. The well may not be produced until the exception is granted.

(f) A wellbore survey report required by (a) or (c) of this section must contain

(1) the name of the surveying company;

(2) the name, title, and signature of the person who actually performed the survey;

(3) the date on which the survey was performed;

(4) the type of survey conducted;

(5) the method used in calculating the survey;

(6) a complete identification of the well or, in the case of a well with more than one bottom-hole location, a complete identification of the well branch; the identification must show the name of the well designated by the operator under 20 AAC 25.005(f), the name of the operator, the property name or lease number, the Permit to Drill number assigned under 20 AAC 25.040(b), the API number, and the field name;

(7) the depth interval over which the survey was conducted; and

(8) a plat showing the coordinates

(A) of the surface location, the plotted well course, and wells within 500 feet of any portion of the wellbore; these coordinates must be referenced to governmental section lines; and

(B) of the surface location, referenced to the state plane coordinate system for this state as maintained by the National Geodetic Survey in the National Oceanic and Atmospheric Administration.

(g) The commission will, in its discretion, require submittal of the original film, time sheets, charts, graphs, discs, and other data used to compile the survey required by (a) or (c) of this section.

(h) Upon application, the commission will, in its discretion, waive all or part of the directional survey requirements of this section or approve alternate means for determining the location of a wellbore if the variance at least equally ensures accurate surveying of the wellbore to prevent well intersection, to comply with spacing requirements, and to ensure protection of correlative rights.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.135; AS 41.06.160 AS 41.06.130; AS 41.06.140
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.055 Drilling units and well spacing

(a) The commission will, in its discretion, establish drilling units to govern well spacing and prescribe a spacing pattern by pool rules adopted in accordance with 20 AAC 25.520. In the absence of an order by the commission establishing drilling units or prescribing a spacing pattern for a pool, the following statewide spacing requirements apply:

(1) for a well drilling for oil, a wellbore may be open to test or regular production within 500 feet of a property line only if the owner is the same and the landowner is the same on both sides of the line;

(2) for a well drilling for gas, a wellbore may be open to test or regular production within 1,500 feet of a property line only if the owner is the same and the landowner is the same on both sides of the line;

(3) if oil has been discovered, the drilling unit for the pool is a governmental quarter section; not more than one well may be drilled to and completed in that pool on any governmental quarter section; a well may not be drilled or completed closer than 1,000 feet to any well drilling to or capable of producing from the same pool;

(4) if gas has been discovered, the drilling unit for the pool is a governmental section; not more than one well may be drilled to and completed in that pool on any governmental section; a well may not be drilled or completed closer than 3,000 feet to any well drilling to or capable of producing from the same pool.

(b) A well may not begin regular production of oil from a property that is smaller than the governmental quarter section upon which the well is located or begin regular production of gas from a property that is smaller than the governmental section upon which the well is located, unless the interests of the persons owning the drilling rights in and the right to share in the production from the quarter section or section, respectively, have been pooled under AS 31.05.100.

(c) A pooling agreement under AS 31.05.100 must be filed with the commission before regular production from the affected property begins.

(d) The commission will review an application for an exception to the provisions of this section in accordance with 20 AAC 25.540. The applicant for an exception shall send notice of the application by certified mail to the owners, landowners, and operators described in (1) of this subsection and shall furnish the commission with a copy of the notice, the date of mailing, and the addresses to which the notice was sent. The application must include

(1) the names of all owners, landowners, and operators of all properties within 1,000 feet of a well drilling for oil or within 3,000 feet of a well drilling for gas for which an exception is sought;

(2) a plat drawn to a scale of one inch equaling 2,640 feet or larger, showing the location of the well for which the exception is sought, all other completed and drilling wells on the property, and all adjoining properties and wells; and

(3) an affidavit by a person acquainted with the facts, verifying that all facts are true and that the plat correctly portrays pertinent and required data.

(e) Upon application by the operator, the commission will establish notice requirements different from those of (d) of this section if the operator demonstrates to the commission's satisfaction that compliance with the notice requirements in (d) of this section is not feasible because of the complexity of ownership within the notice area.

History

Authority: AS 31.05.030; AS 31.05.100
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.061 Well site surveys

(a) For an exploratory or stratigraphic test well, near surface strata to a depth of 2,000 feet in the vicinity of the well must be evaluated seismically by common depth point refraction or reflection profile analysis, or by another method approved by the commission, to identify anomalous velocity variations indicative of potential shallow gas sources. Analysis results must be included with the application for the Permit to Drill (Form 10-401).

(b) For a well drilled offshore from a mobile bottom-founded structure, jack-up rig, or floating drilling vessel, the vicinity of the well must be evaluated by sidescan sonar and other pertinent surveys to determine whether potential seabed hazards to drilling operations are present. Survey results must be included with the application for Permit to Drill.

(c) Upon request by the operator, the commission will, in its discretion, waive the requirements of this section if the operator can identify, by other equally effective means, the likelihood of encountering potential shallow gas or seabed hazards or if the commission already has information that substantiates the presence or absence of shallow gas or seabed hazards.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.065 Hydrogen sulfide

(a) If hydrogen sulfide gas is encountered in excess of 20 ppm, the operator shall notify the commission within 24 hours after the encounter.

(b) If a well is to be drilled in an area where a formation to be penetrated is known to contain hydrogen sulfide gas, or if hydrogen sulfide gas is encountered while drilling, the operator shall conform with API RP 49, Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide, 2d edition, April 15, 1987, which is adopted by reference.

(c) If the history of drilling in an area is insufficient to know whether hydrogen sulfide gas exists, the commission will specify on the Permit to Drill (Form 10-401) that the operator shall comply with the minimum requirements for detection monitoring, contingency and control, and training, as follows:

(1) in addition to the automatic hydrogen sulfide detection system required in 20 AAC 25.066, at least three manual detectors must be available on the location;

(2) hydrogen sulfide treating material for the drilling mud must be available on or near the location, in good condition and in sufficient quantity to adequately treat the mud system should hydrogen sulfide be encountered;

(3) detailed emergency operating procedures must be defined and posted to ensure the safety of all personnel should hydrogen sulfide be encountered;

(4) detailed step-by-step remedial procedures must be developed and posted to cover emergencies while drilling or tripping;

(5) personnel protective equipment must be available on the location;

(6) all persons engaged in drilling operations must be trained for emergency procedures in the presence of hydrogen sulfide gas and in the use of personal protective equipment, alarm systems, and emergency exit procedures.

(d) Repealed 11/7/99.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225

20 AAC 25.066 Gas detection

(a) Drilling and workover rigs must meet the following minimum requirements for methane and hydrogen sulfide gas detection:

(1) the methane detection system must have a minimum of three sensing points; one sensing point must be under the substructure near the cellar, one must be over the shale shaker, and one must be above the drill rig floor near the driller's station or above the drilling platform; if the mud pits are remote from the shale shaker and enclosed, a fourth sensor must be located over the mud pits;

(2) methane sensors must be placed to detect a "lighter-than-air" gas;

(3) the hydrogen sulfide detection system must have a minimum of three sensing points; one sensing point must be under the substructure near the cellar, one must be near the shale shaker, and one must be above the drill rig floor near the driller's station or above the drilling platform; the commission will require additional sensors as the commission considers necessary for safety, such as at the entrance to living quarters if they are adjacent to the drill rig, or over the mud pits if they are remote from the shaker and enclosed;

(4) hydrogen sulfide sensors must be placed to detect a "heavier-than-air" gas;

(5) sensors must be automatic, acting independently and in parallel, and with one-minute minimum sampling intervals;

(6) each detection system must include separate and distinct visual and audible alarms; the visual alarm must signal the low level gas alarm and the audible alarm the high level gas alarm; an audible alarm may have an "acknowledge" button;

(7) the methane low level gas alarm must be set at not over 20 percent LEL; the high level alarm must be set at not over 40 percent LEL;

(8) the hydrogen sulfide low level gas alarm must be set at 10 ppm; the high level alarm must be set at not over 20 ppm;

(9) each alarm must be automatic and must be visible and audible from the driller's or operator's station; the hydrogen sulfide alarm must be audible throughout the drilling location, including the camp buildings.

(b) A gas detection system that continuously performs self-checking or diagnostics must be function-tested when a BOP stack is initially installed after a drill rig is set up, when a commission-witnessed BOP test occurs, and no less frequently than once every six months. If a BOP stack is not required, a gas detection system that continuously performs self-checking or diagnostics must be function-tested when drilling or workover operations begin, when a commission-witnessed BOP test occurs, and no less frequently than once every six months. Other gas detection systems must be calibrated and tested when a BOP stack is initially installed after a drill rig is set up, when a commission-witnessed BOP test occurs, and no less frequently than once every 30 days. If a BOP stack is not required, other gas detection systems must be calibrated and tested when drilling or workover operations begin, when a commission-witnessed BOP test occurs, and no less frequently than once every 30 days. The operator shall maintain at the drill rig an accessible record of gas detection system tests and calibrations.

(c) A failure in a gas detection system must be reported to the commission within 24 hours after the failure. The commission will, in its discretion, require well operations to be discontinued if a gas detection system fails.

(d) Upon request of the operator, the commission may

(1) waive the methane detection requirements of this section, if the commission determines that the configuration of the drilling or workover rig and any associated equipment and structures eliminates the potential for methane to accumulate;

(2) allow the use of a single hydrogen sulfide sensor on site in place of the three sensing points required under (a)(3) of this section, if the commission determines that the configuration of the drilling or workover rig and any associated equipment and structures eliminates the potential for hydrogen sulfide to accumulate; or

(3) approve a variance from the requirements of this section if the variance provides at least an equally effective means of gas detection.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152; am 7/18/2003, Register 167

20 AAC 25.070 Records and reports

The operator of a well shall

(1) keep a detailed accurate daily record of the actual drilling, completion, workover, repair, and plugging operations, and of the tests required by this chapter; the daily record must be available for inspection at reasonable times by the commission

(A) at the well; and

(B) in the state for five years after the date of well abandonment;

(2) file with the commission before well completion or, if the well is not completed, before well abandonment a survey plat certified by a registered land surveyor showing the precise surface location of the well; however, only the first well drilled from a fixed platform or a multiple-well location must have a certified survey;

(3) file with the commission, within 30 days after completion, abandonment, or suspension of the well and within 30 days after completion or plugging of a well branch, if occurring at a different time, a complete well record on the Well Completion or Recompletion Report and Log (Form 10-407), including the tests required by this chapter and a summary of daily well operations reporting drilling depths, abnormally geo-pressured strata, lost circulation and other hole difficulties encountered, simulated kick drills, mud weight, and a brief description of principal items of work done, such as running and cementing casing, drill stem tests, BOP tests, coring, sidewall sampling, and logging; in the case of a well with multiple well branches, information pertaining to and filed under this paragraph with respect to a portion of a well need not be re-filed unless changed; and

(4) upon request of the commission after completion, abandonment, or suspension of the well or completion or plugging of a well branch, file with the commission a copy of the daily record required by (1) of this section.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.135; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.071 Logs and geologic data

(a) An operator shall log the well from total depth to the base of conductor pipe by either a complete electrical or gamma-ray log unless the commission specifies the type of each log to be run.

(b) Not later than 90 days after completion, suspension, or plugging of a well or well branch, or not later than 90 days after the date of acquisition of the data, whichever occurs first, the operator shall file with the commission, unless previously filed,

(1) an electronic image file in formats acceptable to the commission of a complete mud log or a lithology log consisting of a detailed record and description of the sequence of strata encountered, including the kind and character of the rock and all shows of hydrocarbons;

(2) a complete set of washed and dried, legibly identified samples of all drill cuttings, as caught by the operator in accordance with good geological practices, consisting of a minimum of one-quarter cup in volume or three ounces in weight of cuttings for each sample interval;

(3) a lithologic description and, if available, photographs of each conventional and sidewall core; conventional core descriptions must include apparent textural, fluid, and lithologic variations, including rock type, porosity, fractures, bedding plane attitudes, sedimentary structure, grain size, and presence of hydrocarbons;

(4) chips from each foot of recovered conventional core, except that chips need not be submitted until 30 days after the conventional core is analyzed; the chips must be representative of the one-foot interval, and must be approximately either one cubic inch in volume, or two ounces in weight;

(5) a list of the geologic markers and each formation top encountered and the measured and true vertical depths of each marker and formation top;

(6) an electronic image file in formats acceptable to the commission of all open-hole logs and mud logs run, including common derivative formats such as tadpole plots of dipmeter data and borehole images produced from sonic or resistivity data, and including composite log formats; however, copies of velocity surveys and experimental logs need not be included; the operator shall provide the commission the opportunity to examine open-hole logs for exploration or stratigraphic test wells not later than 72 hours after the logs are run and before abandonment;

(7) digital data and a verification listing for all open-hole logs, all mud logs, and all cased-hole formation evaluation and cement evaluation logs run, except velocity surveys and experimental logs; the logs shall be stored on electronic media and use file formats that are acceptable to the commission;

(8) the following items, or a written request proposing a date for submitting those items, subject to commission approval of that date for timeliness, if those items are unavailable within the 90-day filing period set out in this subsection:

(A) copies of all drill stem tests and production test data and charts;

(B) a brief summary of production tests, drill stem tests, wireline formation tests, and other formation tests performed, including test date, time, depth, duration, method of operation, recovered fluid types, fluid amounts, gas-oil ratio, oil gravity, pressure, and choke size;

(D) geochemical and formation fluid analyses obtained, if any; and

(9) an electronic image file in formats acceptable to the commission of all cased-hole formation evaluation logs and cement evaluation logs run, including common derivative formats.

(c) The commission may waive or modify the requirements of this section for a well if those requirements would not significantly add to the geologic or engineering knowledge of the area in light of the information that is available from the well or other wells in the area.

(d) In this section,

(1) "experimental logs" means logs that are not commercially available from a well logging contractor;

(2) "velocity survey" means a survey, a purpose of which is to determine velocity of seismic waves through formations penetrated by a well by measuring travel times of seismic pulses from or near the surface to geophones placed at various depths in the well.

History

Authority: AS 31.05.030; AS 31.05.035
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225

20 AAC 25.072 Temporary shutdown of drilling or completion operations

(a) If circumstances prevent the continuation of the program approved on a Permit to Drill (Form 10-401), or if an operator wishes to change drill rigs, the operator shall apply to the commission for approval to shut down drilling or completion operations temporarily. Based on the information received under this subsection, the commission will decide whether to approve the temporary shutdown of drilling or completion operations. The request for operation shutdown must be submitted on an Application for Sundry Approvals (Form 10-403), providing a full justification for the shutdown, a description of the proposed condition of the wellbore upon shutdown of drilling or completion operations, the approximate date when drilling or completion operations will resume, and a proposed program for securing the well during the period of shutdown. An Application for Sundry Approvals is not required for planned shutdowns of well operations, if those shutdowns are described in the approved Permit to Drill.

(b) The operator shall file with the commission, within 30 days after operation shutdown, a complete well record on a Report of Sundry Well Operations (Form 10-404), including a summary of daily well operations as described in 20 AAC 25.070(3) and a copy of all logs run in the well as required by 20 AAC 25.071(b)(6). The commission will, in its discretion, waive the requirements of this subsection if drilling or completion operations are to be resumed within 60 days after operation shutdown.

(d) If well operations are not resumed within 12 months, the operator shall immediately proceed to abandon or suspend the well. Wells drilled from a mobile offshore drilling unit that are not located on a fixed offshore platform are not eligible for suspension. Upon application of the operator, the commission will extend the 12-month period, if the operator shows that operational circumstances beyond the operator's control prevent resumption within the 12-month period.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 7/28/2022, Register 243

20 AAC 25.075 Other wells in designated areas

There are areas in the state where drilling operations could unexpectedly encounter oil, gas, or hazardous substances at shallow depths. When the commission obtains sufficient evidence to define a specific area and the approximate depth range of the substances, it will issue an order that will present the evidence, define the area, and stipulate a drilling depth. After the issuance of such an order, any well drilled in the defined area, for any purpose, that exceeds the stipulated depth will require a drilling permit and may be subject to the other requirements of this chapter.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74

20 AAC 25.080 Annular disposal of drilling waste

(a) A person may not dispose of drilling waste through the annular space of a well unless authorized by the commission under this section. The operator of a well permitted under AS 31.05.090 may request authorization for the disposal of drilling waste through the well's annular space by filing with the commission an Application for Sundry Approvals (Form 10-403) supplemented with additional information as required under this section.

(b) A request for authorization under this section must include the following information or refer to that information if that information is already on file with the commission:

(1) the annulus to be used for disposal;

(2) the depth to the base of freshwater aquifers and permafrost, if present;

(3) a stratigraphic description of the interval exposed to the open annulus and other information sufficient to support a commission finding that the waste will be confined and will not come to the surface or, except to the extent allowed under (e)(1) of this section, contaminate freshwater;

(4) a list of all publicly recorded wells within one-quarter mile, and all publicly recorded water wells within one mile, of the well that will receive drilling waste;

(5) the types and maximum volume of waste to be disposed of and the estimated density of the waste slurry;

(6) a description of any waste sought to be determined as drilling waste under (h)(3) of this section;

(7) an estimate of the maximum anticipated pressure at the outer casing shoe during disposal operations and calculations showing how this value was determined;

(8) details that show that the shoe of the outer casing is set below the base of permafrost, if present, and any freshwater aquifer, other than freshwater excepted under (e)(1) of this section, and is adequately cemented to provide zone isolation; the information relied upon and submitted must include

(A) cementing records; and

(B) a cement quality log or formation integrity test records;

(9) details that show that the inner and outer casing strings have sufficient strength in collapse and burst to withstand the anticipated pressure of disposal operations;

(10) the downhole pressure obtained during a formation integrity test conducted below the outer casing shoe;

(11) identification of the hydrocarbon zones, if any, above the depth to which the inner casing is cemented;

(12) the duration of the disposal operation, not to exceed 90 days;

(13) whether drilling waste has previously been disposed of in the annular space of the well and, if so, a summary of the dates of the disposal operations, the volumes of waste disposed of, and the wells where the drilling waste was generated;

(14) the well where the drilling waste to be disposed of was or will be generated;

(15) if the operator proposes not to comply with a limitation established in (d) of this section, an explanation of why compliance would be imprudent;

(16) any additional data required by the commission to confirm containment of drilling waste.

(c) The commission will authorize an annular disposal operation described in the Application for Sundry Approvals, as that application has been supplemented under this section, and subject to any modifications prescribed by the commission, if the commission determines that the

(1) waste will be adequately confined;

(2) disposal will not

(A) contaminate freshwater, except to the extent allowed under (e)(91) of this section;

(B) cause drilling waste to surface;

(D) damage a producing or potentially producing formation or impair the recovery of oil or gas from a pool; and

(3) disposal will not circumvent 20 AAC 25.252 or 20 AAC 25.412.

(d) Unless the operator demonstrates that compliance with a limitation established in (1) - (4) of this subsection is imprudent, the commission will not authorize disposal of drilling waste

(1) in a volume greater than 35,000 barrels through the annular space of a single well;

(2) for a period longer than one year through the annular space of a single well;

(3) into a hydrocarbon-bearing stratum; or

(4) through the annular space of a well not located on the same drill pad or platform as the drilling operation generating the drilling waste.

(e) On a case-by-case basis, and as the commission considers necessary to ensure that the standards in (c) of this section are met, the commission will impose conditions upon an authorization to dispose of drilling waste under this section. In addition, an authorization to dispose of drilling waste under this section is subject to the following conditions:

(1) drilling waste may not be disposed of into freshwater, unless the

(A) freshwater is identified in the Application for Sundry Approvals; and

(B) commission finds that the freshwater has a total dissolved solids content of more than 3,000 mg/l, and is not reasonably expected to supply a public water system; the commission will, in its discretion, provide 15 days notice and the opportunity for a public hearing in accordance with 20 AAC 25.540 before making that finding;

(2) the downhole disposal pressure may not exceed the downhole pressure obtained during the formation integrity test conducted below the outer casing shoe, or a higher pressure specified in the authorization upon the commission's finding that the higher pressure will not cause drilling waste to migrate above the confining zone;

(3) if drilling waste appears above the confining zone, the operator shall immediately cease disposal, notify the commission, and take appropriate remedial action;

(4) if the commission notifies the operator that disposal operations pose a threat to well integrity, safety, oil or gas recovery, or freshwater, except to the extent allowed under (1) of this subsection, the operator shall immediately cease disposal and take appropriate remedial action as approved or required by the commission.

(f) For each annular disposal operation authorized under this section, the operator shall report the following information to the commission on a Report of Annular Disposal (Form 10-423) not later than 30 days after the end of the period authorized for the disposal operation:

(1) the dates when disposal began and ended;

(2) the volume of drilling waste disposed of in each of the following categories:

(A) the aggregate of drilling wastes described in (h)(1) of this section;

(B) the aggregate of drilling wastes described in (h)(2) of this section; and

(g) The provisions of 20 AAC 25.252 and 20 AAC 25.402 - 20 AAC 25.460 do not apply to the disposal of drilling waste authorized under this section.

(h) In this section, "drilling waste" means the following substances, unless identified as a hazardous waste in 40 C.F.R. 261:

(1) drilling mud, drilling cuttings, reserve pit fluids, cement-contaminated drilling mud, completion fluids, formation fluids associated with the act of drilling a well permitted under 20 AAC 25.005, and any added water needed to facilitate pumping of drilling mud or drilling cuttings;

(2) drill rig wash fluids and drill rig domestic waste water; and

(3) other substances that the commission determines upon application are wastes associated with the act of drilling a well permitted under 20 AAC 25.005.

(i) For purposes of this section, in AS 31.05.030(e)(2), "oil or gas well" means a well permitted under AS 31.05.090, other than a water well associated with oil or gas exploration and production.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.135 AS 41.06.130; AS 41.06.150
Eff. 9/22/96, Register 139; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

Article 2 Abandonment and Plugging

20 AAC 25.105 Abandonment of wells

(a) All wells that have been permitted on a property under 20 AAC 25.005 must be abandoned before expiration of the owner's rights in that property or if, after notice and hearing, the commission orders abandonment for safety reasons or because the operator has effectively abandoned operations prior to the expiration of the lease. If the owner is the landowner, all wells that have been permitted on a property by 20 AAC 25.005 must be abandoned within one year following permanent cessation of the operator's oil and gas activity within the field where the wells are located or according to an abandonment schedule approved by the commission, unless the wells are earlier abandoned for safety reasons.

(b) A well drilled onshore or from a fixed offshore platform must be abandoned before removal of the drill rig unless the well is completed as an oil, gas, or service well or is suspended, or unless well operations are shut down in accordance with 20 AAC 25.072. Each well drilled from a fixed offshore platform must be abandoned before the platform is removed or dismantled.

(c) A well drilled offshore from a mobile bottom-founded structure, jack-up rig, or floating drilling vessel must be abandoned before removal of the drill rig unless

(1) the well is completed as an oil, gas, or service well; or

(2) subsea equipment for well re-entry is properly installed and well operations are shut down in accordance with 20 AAC 25.072.

(d) A well drilled from a beach, artificial island, or shifting natural island must be abandoned before removal of the drill rig unless the well is completed as an oil, gas, or service well or is suspended, or unless well operations are shut down in accordance with 20 AAC 25.072 and plans for maintaining the integrity of the location are approved by the commission.

(e) An Application for Sundry Approvals (Form 10-403) must be submitted to and approved by the commission before work is begun to abandon a well, except that oral approval may be obtained from the commission if it is followed within three days by the submission of an Application for Sundry Approvals for final approval by the commission. The commission will attach conditions to its approval as necessary to protect freshwater and hydrocarbon resources. The Application for Sundry Approvals must include

(1) the reason for abandoning the well; and

(2) a statement of proposed work, including

(A) information on abnormally geo-pressured strata;

(B) the manner of placement, kind, size, and location, by measured depth, of existing and proposed plugs;

(D) if the Application for Sundry Approvals is submitted after beginning work, the name of the representative of the commission who provided oral approval, and the date of the approval; and

(E) other information pertinent to abandonment of the well.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 7/28/2022, Register 243

20 AAC 25.107 Plugging well branches

(a) An operator may plug a well branch before abandoning or suspending the well. If a well branch has not been completed, the operator shall plug the well branch before removal of the drill rig, unless well operations are shut down in accordance with 20 AAC 25.072.

(b) An Application for Sundry Approvals (Form 10-403) must be submitted to and approved by the commission before work is begun to plug a well branch, except that oral approval may be obtained from the commission if it is followed within three days by the submission of an Application for Sundry Approvals for final approval by the commission. The provisions of 20 AAC 25.105(e) apply to the application, except that instead of including the reason for abandoning the well, the application must include the reason for plugging the well branch and the reason for not immediately abandoning or suspending the well.

(d) This section does not apply to the temporary plugging of a well branch for production control purposes.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152

20 AAC 25.110 Suspended wells

(a) If allowed under 20 AAC 25.105, an operator may apply to the commission under this section to approve the suspension of a well or to renew the approval of the suspension of a well. The operator must

(1) state the reasons the well should be suspended, and not completed or abandoned;

(2) demonstrate to the commission's satisfaction that

(A) the well

(i) is mechanically sound;

(ii) will not allow the migration of fluids;

(iii) will not damage freshwater or producing or potentially producing formations;

(iv) will not impair the recovery of oil or gas;

(v) is secure, safe, and not a threat to public health;

(vi) is located on a valid lease that authorizes the operator to drill for oil, gas, coal bed methane, gas hydrates, or shale gas, or to evaluate underground coal gasification or geothermal resources; and

(vii) is in compliance with all provisions of AS 31.05, this chapter, and any order, stipulation, or permit issued by the commission; and

(B) the well

(i) has future utility as an exploratory, development, or service well;

(ii) is a viable candidate for redrilling; or

(iii) in the case of initial suspensions only, is located on a pad or platform with active producing or service wells; and

(3) for a well that does not lie within a unitized area with active production,

(A) provide the commission with a list of the leases that the wellbore traverses, from surface location to bottom-hole location, and the expiration date of each lease; and

(B) notify the commission not later than 30 days after the change, if the status of any lease changes.

(b) An Application for Sundry Approvals (Form 10-403) must be approved by the commission before operations to suspend a well commence or for a well suspension renewal, except that oral approval may be requested under 20 AAC 25.507(b). In addition to meeting the requirements of (a) of this section, the application must include the following:

(1) wellbore diagrams illustrating the current and proposed mechanical configurations of the well;

(2) information on abnormally geo-pressured or depleted strata;

(3) a description of the proposed work plan, including how the integrity of existing and proposed plugs will be demonstrated;

(4) evidence or a statement that confirms that a well inspection was conducted within 12 months before the suspension renewal date, if the operator is applying for a well suspension renewal;

(5) a list of the leases that the wellbore traverses, from surface location to bottom-hole location, and the expiration date of each lease.

(c) Unless the commission otherwise requires or approves a variance under 20 AAC 25.112(i), any well suspended under this section must be plugged in accordance with 20 AAC 25.112, except that the requirements of 20 AAC 25.112(d) do not apply if

(1) a wellhead and tree are installed; or

(2) the well is capped with a mechanical device to seal the opening and a bridge plug capped with 50 feet of cement or a continuous cement plug extending 200 feet within the interior casing string is placed at or above 300 feet below the surface.

(d) The operator of a suspended well shall maintain the integrity and safety of the well and surrounding location.

(e) A well-site inspection is required within 12 months after the approval of an initial well suspension. A subsequent inspection shall be conducted within 12 months before the suspension renewal date, as approved by the commission. For all inspections under this section, the operator shall provide the commission notice at least 10 days before the inspection and the opportunity for commission inspectors to accompany the operator on the inspection tour. If convenient for the commission, shorter notice periods may be accepted.

(f) A Report of Sundry Well Operations (Form 10-404) is required not later than 30 days after any well-site inspection required under this section. The report must include

(1) a description of the condition of the wellhead and surface location, including any discoloration, fluid or sheen visible on the ground or in any nearby water;

(2) a plat showing the location of the suspended well and any wells within a one-quarter-mile radius of the wellbore;

(3) well pressure readings;

(4) photographs clearly showing the condition of the wellhead and surrounding location; and

(5) an update of all information and documentation required in (b) of this section.

(g) A suspension or renewal of a suspension approval is valid for up to five years from the date of the suspension or renewal of a suspension approval.

(h) Renewal of an existing suspension may be requested by the submission of an Application for Sundry Approvals (Form 10-403) meeting all requirements of (b) of this section. A renewal is not effective until approved by the commission. If a complete renewal application is submitted at least 60 days before the expiration of an existing suspension, the existing suspension continues until the commission acts on the application. If the well does not lie within a unitized area with active production, the application to renew an existing suspension must include a list of all leases that the wellbore traverses, from surface location to bottom-hole location, and the expiration date of each lease.

(i) The operator shall immediately notify the commission and propose appropriate action if the operator learns that there is a reasonable risk that a suspended well is

(1) mechanically unsound;

(2) allowing the migration of fluids;

(3) causing damage to freshwater or producing or potentially producing formations;

(4) impairing the recovery of oil or gas;

(5) a threat to public health or not secure or safe; or

(6) not in compliance with all provisions of AS 31.05, this chapter, and any order, stipulation, or permit issued by the commission.

(j) Not later than five working days after notifying the commission under (i) of this section, the operator shall file a report and all relevant information and documentation regarding the well, including all information and documentation that may be required by the commission.

(k) If the operator learns that any information required under this section is no longer complete or accurate, the operator shall, within 30 days, notify the commission in writing, provide updated information, and propose appropriate action.

(l) At any time, the commission may request that an operator provide, not later than 10 days after the date of request, any information concerning whether suspension remains appropriate for a well. If the operator does not comply with the information request or if the commission determines that information is insufficient to support allowing the well to remain suspended, the commission may take action under 20 AAC 25.540, including

(1) revoking the well's suspended status, effective as of the date determined by the commission;

(2) prescribing actions the operator must take, which may include plugging and abandonment of the well; if action is ordered, including plugging and abandonment under this chapter, a separate notice and hearing is not required notwithstanding any other provision of this chapter, including 20 AAC 25.105.

(m) Upon written request of the operator, the commission may modify a deadline in this section upon a showing of good cause, approve a variance from any other requirement of this section if the variance provides at least an equally effective means of complying with the requirement, or approve a waiver of a requirement of this section if the waiver will not promote waste, is based on sound engineering and geoscience principles, will not jeopardize the ultimate recovery of hydrocarbons, will not jeopardize correlative rights, and will not result in an increased risk to health, safety, or the environment, including freshwater.

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.095
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 11/19/2008, Register 188; am 4/15/2010, Register 194; am 2/10/2018, Register 225; am 7/28/2022, Register 243

20 AAC 25.112 Well plugging requirements

(a) Plugging of the uncased portion of a wellbore must be performed in a manner that ensures that all hydrocarbons and freshwater are confined to their respective indigenous strata and are prevented from migrating into other strata or to the surface. The minimum requirements for plugging the uncased portion of a wellbore are as follows:

(1) by the displacement method, a cement plug must be placed

(A) from 100 feet below the base to 100 feet above the top of all hydrocarbon-bearing strata;

(B) from the well's total depth to 100 feet above the top of all hydrocarbon-bearing strata;

(C) from the well's plugged back total depth to 100 feet above the top of all hydrocarbon-bearing strata, if all hydrocarbon-bearing, abnormally geo-pressured, and freshwater strata below are isolated; however, the commission will approve plugging from the top of fill or the top of junk instead of from the plugged back total depth, if the commission determines that the objectives of this subsection will be met; or

(D) from 100 feet below the base to 50 feet above the base of each significant hydrocarbon-bearing stratum and from 50 feet below the top to 100 feet above the top of each significant hydrocarbon-bearing stratum;

(2) by the displacement method, a cement plug must be placed from 100 feet below the base to 50 feet above the base of each abnormally geo-pressured stratum and from 50 feet below the top to 100 feet above the top of each abnormally geo-pressured stratum;

(3) by the displacement method, a cement plug must be placed from 150 feet below the base to 50 feet above the base of the deepest freshwater stratum.

(b) Plugging of a well must include effectively segregating uncased and cased portions of the wellbore to prevent vertical movement of fluid within the wellbore. The minimum requirement for plugging to segregate uncased and cased portions of a wellbore is one of the following:

(1) by the displacement method, a continuous cement plug must be placed from 100 feet below to 100 feet above the casing shoe;

(2) by the downsqueeze method using a retainer set no less than 50 feet but no more than 100 feet above the casing shoe, a volume of cement sufficient to fill the wellbore from the retainer to 100 feet below the casing shoe must be pumped through the retainer, and cement must be pumped above the retainer to cap it with a 50 foot cement plug;

(3) by the downsqueeze method using a production packer set no less than 50 feet but no more than 500 feet above the casing shoe, a volume of cement sufficient to fill the wellbore from 100 feet below the casing shoe to the packer must be pumped through the packer, and cement must be pumped above the packer to cap it with a 50 foot cement plug.

(c) Plugging of cased portions of a wellbore must be performed in a manner that ensures that all hydrocarbons and freshwater are confined to their respective indigenous strata and are prevented from migrating into other strata or to the surface. The minimum requirements for plugging cased portions of a wellbore are as follows:

(1) perforated intervals must be plugged by one of the following methods:

(A) by the displacement method, a cement plug placed from 100 feet below the base to 50 feet above the base of the perforated interval and from 50 feet below the top to 100 feet above the top of the perforated interval;

(B) by the displacement method, a cement plug placed from the well's total depth to 100 feet above the top of the perforated interval;

(C) by the displacement method, a cement plug placed from the well's plugged-back total depth to 100 feet above the top of the perforated interval, if all hydrocarbon-bearing, abnormally geo-pressured, and freshwater strata below are isolated; however, the commission will approve plugging from the top of fill or the top of junk instead of from the plugged-back total depth, if the commission determines that the objectives of this subsection will be met;

(D) by the downsqueeze method using a cement retainer or production packer set no less than 50 feet but no more than 500 feet above the perforated interval, a volume of cement pumped through the retainer or packer sufficient to fill the wellbore from 100 feet below the base of the perforated interval to the retainer or packer;

(E) if the perforations are isolated from open hole below, a mechanical bridge plug set no more than 50 feet above the top of the perforated interval, and either a minimum of 75 feet of cement placed on top of the plug by the displacement method or a minimum of 25 feet of cement placed on top of the plug with a dump bailer;

(2) casing stubs within outer casing must be plugged by one of the following methods:

(A) by the displacement method, a cement plug placed from 100 feet below the stub to 100 feet above the stub;

(B) by the downsqueeze method using a retainer set 50 feet above the stub, a volume of cement pumped below the retainer sufficient to fill the casing stub with 150 feet of cement, and cement pumped above the retainer to cap it with a 50 foot cement plug;

(C) if the casing stub annulus is cemented, a mechanical bridge plug set no more than 25 feet above the casing stub, and either a minimum of 75 feet of cement placed on top of the plug by the displacement method or a minimum of 25 feet of cement placed on top of the plug with a dump bailer;

(3) if freshwater is present, the smallest diameter casing string extending to the surface must be plugged by one of the following methods:

(A) by the displacement method, a cement plug placed from 100 feet below the depth of the surface casing shoe to 100 feet above the depth of the shoe;

(B) a mechanical bridge plug set 100 feet below the depth of the surface casing shoe and at least 200 feet of cement placed on top of the plug.

(d) Plugging of the surface of a well must meet the following requirements:

(1) by the displacement method, a cement plug at least 150 feet in length, with the top of the cement no more than five feet below original ground level onshore, or between 10 and 30 feet below the mudline datum offshore, must be placed within the smallest diameter casing string;

(2) either

(A) all annular space open at the surface onshore, or in communication with open hole and extending to the mudline datum offshore, must be plugged with cement to seal the annular space in a manner satisfactory to the commission; or

(B) all casing interior to the surface casing must be recovered to a depth of 100 feet or more below the original ground level onshore or the mudline datum offshore and the casing stubs plugged with cement as provided in (c)(2)(A) of this section; if the cement plug is extended to within the distance from the surface specified in (1) of this subsection, the requirement of (1) of this subsection need not be met.

(e) Cement used for plugging within zones of permafrost must be designed to set before freezing and have a low heat of hydration.

(f) Each of the respective intervals of a wellbore between the various plugs must be filled with fluid of sufficient density to exert a hydrostatic pressure exceeding the greatest formation pressure of permeable formations in the intervals between the plugs at the time of abandonment.

(g) Except for surface plugs, the operator shall record the actual location and integrity of cement plugs, cement retainers, or bridge plugs required by this section, using one of the following methods, which in the case of a cement retainer or bridge plug may be performed before cement is placed on top of the plug:

(1) placing sufficient weight on the plug to confirm its location and to confirm that the plug has set and a competent plug is in place;

(2) testing the plug to hold a surface pressure of 1,500 psig or 0.25 psi/ft multiplied by the true vertical depth of the casing shoe, whichever is greater, and tagging the plug to confirm location; however, surface pressure may not subject the casing to a hoop stress that will exceed 70 percent of the minimum yield strength of the casing.

(h) At least 24 hours notice of plugging operations must be given to the commission so that a representative of the commission can witness the operations.

(i) The commission will, in its discretion, approve a variance from the requirements of this section if the variance provides for at least equally effective plugging of the well and prevention of fluid movement into sources of hydrocarbons or freshwater.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152

20 AAC 25.115 Shut-in wells

(a) No later than March 31 of each year, an operator shall file with the commission a report on completed development or service wells that have been shut in for 365 days or longer as of January 1 of that year. The report must provide

(1) the current known mechanical condition of the well, including the condition of installed tubing and casing strings;

(2) the date the well was shut in and the circumstances surrounding the decision to shut in the well; and

(3) an analysis of the future utility of the well.

(b) The commission will require an operator of a shut-in well to file additional information as the commission considers necessary to ensure that freshwater and hydrocarbon sources are protected.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152

20 AAC 25.120 Well abandonment marker

The exact surface location of an abandoned onshore well must be shown by a well abandonment marker plate that

(1) is constructed of steel that is at least 1/4 inch thick;

(2) is welded to, and covers, the outermost casing string, including the conductor casing;

(3) does not extend beyond the outermost casing string; and

(4) contains the following information bead-welded directly to the marker plate:

(A) The name of the operator that plugged and abandoned the well;

(B) the number assigned by the commission to the Permit to Drill (Form 10-401) for the well under 20 AAC 25.040(b);

(D) the API number for the well, with any suffix appended to the number under 20 AAC 25.005(f).

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.135 AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 3/21/2010, Register 193) (Eff. 4/18/2026, Register 258

20 AAC 25.140 Water wells

If a well drilled onshore for oil or gas is to be abandoned, but is safe for use as a freshwater well, a person who wishes to use the well as a freshwater well must obtain written authorization to do so from the landowner and the owner of the surface rights. The authorization must provide for the authorized person's assumption of full responsibility for the final plugging of the water well. This authorization must be filed with the commission and is subject to commission approval, based upon the commission's determination that the proposed use as a freshwater well is bona fide. After the commission's approval of the plugging of the well to protect the freshwater bearing strata to a depth approved by the commission for conversion to a water well, and after the commission's approval of the location clearance for compliance with 20 AAC 25.170(a)(2) or (b) or 20 AAC 25.172(c)(2) or (d), the operator is relieved of further obligation under the operator's bond.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.135
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.170 Onshore location clearance

(a) At or after the time that a well drilled onshore is abandoned and before the earlier of one year after well abandonment or the expiration of the owner's rights in the property,

(1) the operator shall remove the wellhead equipment and casing to a depth at least three feet below original ground level and install a well abandonment marker in accordance with 20 AAC 25.120; and

(2) unless the operator demonstrates to the commission that the surface owner has authorized a different disposition to facilitate a genuine beneficial use, the operator shall

(A) remove all materials, supplies, structures, and installations from the location;

(B) remove all loose debris from the location;

(C) fill and grade all pits or close them in another manner approved by the commission as adequate to protect public health and safety; and

(D) leave the location in a clean and graded condition.

(b) If a well described in (a) of this section is located on state or federal land, and if the agency acting on behalf of the state or federal government as lessor approves a disposition different from that required under (a)(2) of this section, the commission will accept that disposition instead of requiring the operator to comply with (a)(2) of this section.

(1) if the Department of Natural Resources, as to a state lease, or the United States Department of the Interior, as to a federal lease approves a time period beyond one year after well abandonment for location clearance, the commission will set an identical time period for compliance with (a) of this section;

(2) the commission will grant an extension of time beyond one year after well abandonment, if the commission determines that the extension does not threaten public health or safety or the surface owner's interests, and that the operator does not seek an extension for purposes of delay; to seek an extension under this paragraph, the operator must submit an Application for Sundry Approvals (Form 10-403) stating

(A) a request for a specific extension not to exceed one year;

(B) the reason an extension is necessary;

(D) the expiration date of the owner's rights to enter the location.

(d) After the work required under (a) of this section has been completed at a location, the commission will, in its discretion, conduct an on-site inspection to verify the location condition at the time of inspection, including the presence of a proper well marker if above ground, as required under 20 AAC 25.120, and will provide the operator a report of the inspection.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.135 AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.172 Offshore location clearance

(a) No later than the time that all wells drilled from a fixed offshore platform are abandoned and the platform is removed or dismantled, the operator shall remove all well casing to a depth at least one foot below the mudline. The operator shall provide the commission with verification, using appropriate means approved by the commission, that the casing has been removed as required. If an agency acting on behalf of the state or federal government as lessor approves leaving the platform in place after well abandonment, the commission will accept that approval and waive requirements of this subsection.

(b) When a well is abandoned from a mobile bottom-founded structure, jack-up rig, or floating drilling vessel, the operator shall remove the wellhead equipment, casing, piling, and other obstructions to a depth at least five feet below the mudline before removing the drill rig, unless otherwise approved by the commission as adequate to protect public health and safety. The operator shall provide the commission with verification, using appropriate means approved by the commission, that the requirements of this subsection have been met.

(c) At or after the time that a well drilled from a location on a beach, artificial island, or shifting natural island is abandoned, and before the earliest of one year after well abandonment, the time that the operator stops activities necessary to ensure the integrity of the location, or the expiration of the owner's rights in the property,

(1) the operator shall remove the wellhead equipment and casing to a depth at least five feet below the mudline datum; and

(2) unless the operator demonstrates to the commission that the surface owner has authorized a different disposition to facilitate a genuine beneficial use, the operator shall

(A) remove all materials, supplies, structures, and installations from the location;

(B) remove all loose debris from the location;

(C) fill and grade all pits or close them in another manner approved by the commission as adequate to protect public health and safety; and

(D) leave the location in a clean and graded condition.

(d) If a well described in (c) of this section is located on state or federal land, and if the agency acting on behalf of the state or federal government as lessor approves a disposition different from that required under (c)(2) of this section, the commission will accept that disposition instead of requiring the operator to comply with (c)(2) of this section.

(e) If the Department of Natural Resources, as to a state lease, or by the United States Department of the Interior, as to a federal lease approves a time period beyond one year after well abandonment for location clearance, the commission will set an identical time period for compliance with (c) of this section.

(f) After the work required under (c) of this section has been completed at a location, the commission will, in its discretion, conduct an on-site inspection to verify the location condition at the time of inspection. If the commission conducts an inspection, the commission will provide the operator a report of the inspection.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

Article 3 Production Practices

20 AAC 25.200 Production equipment

(a) Surface production equipment must be installed to control, separate, clean, gather, and carry to the point of custody transfer or other disposition in a safe manner all produced oil, gas, and water. All equipment must be installed, operated, and maintained in accordance with good oil field engineering practices.

(b) All equipment must be designed and protected to ensure reliable operation under the range of weather conditions expected for the specific location.

(c) Wellhead equipment must include appropriate gauges and valves installed on the tubing, casing-tubing annulus and casing-casing annuli to show surface pressures and to control the well flow for the range of conditions expected. Other alternatives will, in the commission's discretion, be approved for subsea completions.

(d) All producing wells capable of unassisted flow must be completed with downhole production equipment consisting of suitable tubing and a packer that effectively isolate the tubing-casing annulus from fluids being produced, unless the commission specifically approves production through the annulus to increase flow rate without jeopardizing ultimate recovery from the well.

History

Authority: AS 31.05.030; AS 31.05.095 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.135
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.205 Notification of uncontrolled release of oil or gas

(a) The operator shall immediately notify the commission of any uncontrolled release exceeding 10 barrels of oil or 1,000 mscf of gas from a well or production handling operation or any uncontrolled release that results in a shutdown of operations at a production facility.

(b) Within five days after the release, the operator shall submit a preliminary written report to the commission, followed by a final written report within 30 days, detailing the following facts:

(1) the time of the incident;

(2) the location where the incident took place;

(3) the volumes of oil and gas released and recovered;

(4) the cause of the release;

(5) responsive actions taken to prevent additional releases;

(6) plans, actions, equipment, or procedural changes to prevent or minimize the risk of future releases.

History

Authority: AS 31.05.030; AS 31.05.095
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.210 Multiple completions of wells

A well may not be completed in more than one pool without approval of the commission. The commission will require evidence of complete separation of flowstreams from separate pools, as ascertained by a pressure test or other acceptable test conducted at the time the packers are set. Subsequently, if packer leakage is suspected, the commission will require the operator to provide proof of complete separation of the pools involved in the completions or make a packer leakage test. At least 24 hours notice must be given so that the packer leakage test may be witnessed by a representative of the commission.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.185
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.215 Commingling of production and injection into two or more pools

(a) On the surface, the production from one pool may not be commingled with that from another pool except if the quantities from each pool are determined by monthly well tests or by another method of determining pool production approved by the commission.

(b) Commingling of production within the same wellbore from two or more pools is not permitted unless, after request, notice, and opportunity for public hearing in conformance with 20 AAC 25.540, the commission

(1) finds that waste will not occur, and that production from separate pools can be properly allocated; and

(2) issues an order providing for commingling for wells completed from these pools within the field.

(c) Injection into two or more pools within the same wellbore is not permitted unless, after request, notice, and opportunity for public hearing in conformance with 20 AAC 25.540, the commission

(1) finds that the proposed injection activity will not result in waste or damage to a pool, and that injection volumes can be properly allocated; and

(2) issues an order providing for injection into wellbores completed to allow for simultaneous injection into two or more pools.

History

Authority: AS 31.05.030; AS 31.05.095
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 7/7/2010, Register 195

20 AAC 25.225 Potential of gas wells

Repealed.

History

Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; repealed 7/25/2020, Register 235

20 AAC 25.228 Production measurement equipment for custody transfer

(a) Hydrocarbon production must be measured in accordance with this section before severance from the property or unit where produced. Crude oil sample collection, handling, and analysis in connection with production measurement must be performed in conformance with relevant parts of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998.

(b) Hydrocarbon measurement equipment must be fabricated, installed, and maintained in conformance with relevant parts of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998. Before installing or altering hydrocarbon measurement equipment used for custody transfer purposes, the operator shall submit to the commission information demonstrating conformance and obtain commission approval of the proposed installation or alteration and the methodology proposed for determining hydrocarbon volumes. The submitted information must include sample calculations, with the underlying measured data, generated using the proposed methodology. The operator may not change an approved methodology without commission approval.

(1) a backup battery or uninterruptible power supply that provides for operation during times of system power failures; or

(2) a backup pulse accumulator or other approved equivalent that counts and preserves meter pulses in the event of a power or computer failure.

(d) If a microprocessor totalizing system is used, the reports of net measured volumes for the custody transfer intervals must, at a minimum, show the raw or factored pulses, average temperature, pressure, relative density or gravity, meter factors, correction factors, and gross standard volumes.

(e) Fluid samplers must be a probe or a slipstream type. The sampler location must be located in conformance with Chapter 8 of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998.

(f) Functional bypasses may not be connected around custody transfer or sales measurement equipment such as tanks, meters, gauges, sample containers, or gas meter runs.

(g) Oil meters must be periodically proved and gas meters must be periodically calibrated in conformance with relevant parts of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998, and on a schedule approved by the commission according to the volumes being metered and the need to quickly detect inaccuracies. In metering operations, the actual throughput or gross standard volume must be determined by multiplying the indicated volume, corrected for temperature and pressure, by the meter factor obtained during proving. If a meter factor differs by more than 0.0025 from the previously obtained meter factor, from the applicable value on the meter curve, or from a baseline factor in the absence of a meter curve, the meter must be taken out of service or corrective action performed to bring the meter factor within the required tolerance.

(h) Provers used for certification of custody transfer meters must be calibrated by the waterdraw method, master meter method, or other commission-approved equivalent, in conformance with relevant parts of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998.

(i) The commission will, in its discretion, require at least 24 hours notice before the following operations so that a representative of the commission can witness the operation:

(1) calibration of provers used for certification of custody transfer meters;

(2) crude oil sample collection, handling, and analysis in connection with production measurement;

(3) oil meter proving and volume calculations;

(4) gas meter calibration and volume calculations.

(j) Upon request, the commission will, in its discretion, approve a variance from the requirements of this section if the variance will result in equal or improved accuracy in measuring hydrocarbons severed from the property or unit.

(k) In this section, "relevant parts of the API Manual of Petroleum Measurement Standards" means the API Manual of Petroleum Measurement Standards excluding Chapter 19 in its entirety and excluding those portions of Chapter 11 other than Chapter 11.1, Volume 1; Chapter 11.1, Volume X; Chapter 11.2.1; Chapter 11.2.2; Addendum to Section 2.2; and Chapter 11.2.3. The relevant parts of the API Manual of Petroleum Measurement Standards, as revised as of November 30, 1998, are adopted by reference.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 10/18/2009, Register 192

20 AAC 25.230 Measurement, allocation, and reporting of well production

(a) Production from each well must be measured to determine the quantities of oil, gas, and water, using equipment and techniques acceptable to the commission as accurate and reliable. Production from a group of wells, property, or unit may be measured as a whole, if individual well test facilities and allocation methods acceptable to the commission are employed to test and allocate production to each well at least monthly.

(b) The volumes of produced gas, oil, and water must be reported monthly for each well on the Monthly Production Report (Form 10-405) or by an alternate format, including electronic means, acceptable to the commission. A well must be identified by its API number and the name designated by the operator under 20 AAC 25.005(f). Production from a well with multiple well branches must be aggregated and reported under the API number and well name of the primary wellbore.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.235 Gas disposition

(a) For each production facility the operator shall compile and report monthly gas disposition and acquisition on the Facility Report of Produced Gas Disposition (Form 10-422). If a facility's production comes from multiple pools, the operator shall allocate production between each producing pool as a percentage of the total volume of gas that the facility handled for the month. The operator shall report gas acquisition or disposition by category, as follows:

(1) gas sold;

(2) gas reinjected;

(3) gas flared or vented;

(4) gas used for lease operations other than flaring or venting;

(5) natural gas liquids (NGLs) produced;

(6) gas purchased;

(7) gas transferred;

(8) other.

(b) Any release, burning, or escape into the air of gas other than incidental de minimis venting as authorized under (d)(4) of this section must be reported as flared or vented on the Facility Report of Produced Gas Disposition (Form 10-422). The operator shall submit a written supplement for any flaring or venting incident exceeding one hour. The supplement must describe why the gas was flared or vented, list the beginning and ending time of the flaring or venting, report the volume of gas flared or vented, and describe actions taken to comply with (c) of this section.

(c) The operator shall take action in accordance with good oil field engineering practices and conservation purposes to minimize the volume of gas released, burned, or permitted to escape into the air.

(d) Gas released, burned, or permitted to escape into the air constitutes waste, except that

(1) flaring or venting gas for a period not exceeding one hour as the result of an emergency or operational upset is authorized for safety;

(2) flaring or venting gas for a period not exceeding one hour as the result of a planned lease operation is authorized for safety;

(3) flaring pilot or purge gas to test or fuel the safety flare system is authorized for safety;

(4) de minimis venting of gas incidental to normal oil field operations is authorized;

(5) within 90 days after receipt of the report required under (b) of this section, the commission will, in its discretion, authorize the flaring or venting of gas for a period exceeding one hour

(A) if the flaring or venting is necessary for facility operations, repairs, upgrades, or testing procedures;

(B) if an emergency that threatens life or property requires the flaring or venting, unless failure to operate in a safe and skillful manner causes the emergency; or

(6) upon application, the commission will, in its discretion, authorize the flaring or venting of gas for purposes of testing a well before regular production.

(e) Notwithstanding an authorization under (d) of this section, the commission will, in its discretion, review flaring or venting of gas and classify as waste any volume of gas flared or vented in violation of (c) of this section.

(f) Notwithstanding conservation orders that the commission issued before 1/1/95, this section applies to flaring or venting of gas that occurs on or after 1/1/95.

History

Authority: AS 31.05.030; AS 31.05.095; AS 31.05.170
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 1/1/95, Register 132; am 11/7/99, Register 152

20 AAC 25.240 Gas-oil ratio limitations

(a) An oil well may not be produced if the gas-oil ratio of the well exceeds the original solution gas-oil ratio of the crude within the producing pool by more than 100 percent.

(b) Upon written application by an operator, the commission will, in its discretion, waive the limitation in (a) of this section if

(1) an enhanced recovery project operates in the pool from which the well is producing;

(2) produced gas is being returned to the same pool; or

(3) acquisition of pool performance data is necessary to determine an optimum reservoir management program.

(c) The commission will, in its discretion, grant exceptions to the limitation in (a) of this section for conditions other than those specified in (b) of this section only after application, notice, and an opportunity for public hearing in accordance with 20 AAC 25.540.

History

Authority: AS 31.05.030; AS 31.05.095 Statutory Authority Authority: AS 41.06.120; AS 41.06.135 AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.245 Common production facilities

Repealed.

History

Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; repealed 7/25/2020, Register 235

20 AAC 25.250 Disposal of salt water and other wastes

Repealed 4/2/86.

History

Authority: AS 41.06.110; AS 41.06.130; AS 41.06.150
Eff. 4/18/2026, Register 258

20 AAC 25.252 Underground disposal of oil field wastes and underground storage of hydrocarbons

(a) The underground disposal of oil field wastes and the underground storage of hydrocarbons are prohibited except as ordered by the commission under this section. In response to a letter of application for injection filed by an operator, the commission will issue an order authorizing the underground disposal of oil field wastes that the commission determines are suitable for disposal in a Class II well, as defined in 40 C.F.R. 144.6(b) as revised as of July 1, 1998, which is adopted by reference, or the underground storage of hydrocarbons. An order authorizing disposal or storage wells remains valid unless revoked by the commission.

(b) The operator has the burden of demonstrating that the proposed disposal or storage operation will not allow the movement of oil field wastes or hydrocarbons into sources of freshwater. Disposal or storage wells must be cased and the casing cemented in a manner that will isolate the disposal or storage zone and protect oil, gas, and freshwater sources.

(1) a plat showing the location of all proposed disposal and storage wells, abandoned or other unused wells, production wells, dry holes, and any other wells within one-quarter mile of each proposed disposal or storage well;

(2) a list of all operators and surface owners within a one-quarter mile radius of each proposed disposal or storage well;

(3) an affidavit showing that the operators and surface owners within a one-quarter mile radius have been provided a copy of the application for disposal or storage;

(4) the name, description, depth, and thickness of the formation into which fluids are to be disposed or stored and appropriate geological data on the disposal or storage zone and confining zones, including lithologic descriptions and geologic names;

(5) logs of the disposal or storage wells, if not already on file, or other similar information;

(6) a description of the proposed method for demonstrating the mechanical integrity of the casing and tubing under 20 AAC 25.412 and for demonstrating that fluids will not move behind casing beyond the approved disposal or storage zone, and a description of

(A) the casing of the disposal or storage wells, if the wells are existing; or

(B) the proposed casing program, if the disposal or storage wells are new;

(7) a statement as to the type of oil field wastes to be disposed or hydrocarbons stored, their composition, their source, the estimated maximum amounts to be disposed or stored daily, and the compatibility of fluids to be disposed or stored with the disposal or storage zone;

(8) the estimated average and maximum injection pressure;

(9) evidence to support a commission finding that the proposed disposal or storage operation will not initiate or propagate fractures through the confining zones that might enable the oil field wastes or stored hydrocarbons to enter freshwater strata;

(10) a standard laboratory water analysis, or the results of another method acceptable to the commission, to determine the quality of the water within the formation into which disposal or storage is proposed;

(11) a reference to any applicable freshwater exemption issued in accordance with 20 AAC 25.440; and

(12) a report on the mechanical condition of each well that has penetrated the disposal or storage zone within a one-quarter mile radius of a disposal or storage well.

(d) The mechanical integrity of a disposal or storage well must be demonstrated under 20 AAC 25.412 before disposal or storage operations are begun, after a well workover affecting mechanical integrity is conducted, and at least once every four years. To confirm continued mechanical integrity, the operator shall monitor the injection pressure and rate and the pressure in the casing-tubing annulus during actual disposal or storage operations. The monitored data must be reported monthly on the Monthly Injection Report (Form 10-406).

(e) If an injection rate, operating pressure observation, or pressure test indicates pressure communication or leakage in any casing, tubing, or packer, the operator shall notify the commission by the next working day and shall implement corrective action or increased surveillance as the commission requires to ensure protection of freshwater.

(f) The commission will require additional mechanical integrity tests if the commission considers them prudent for conservation purposes or protection of freshwater.

(g) Modifications of existing or pending disposal or storage operations will be approved by the commission, in its discretion, under 20 AAC 25.507, upon application containing sufficient detail to evaluate the proposed modification. No modification will be approved unless the applicant proves to the commission that the modification will not allow the movement of fluids into sources of freshwater.

(h) If wells, including freshwater wells or other borings, are located within a one-quarter mile radius of the disposal or storage well, are a possible means for oil field wastes or hydrocarbons to move into sources of freshwater, and are under the control of

(1) the operator, the operator shall ensure that the wells are properly repaired, plugged, or otherwise modified to prevent the movement of oil field wastes or hydrocarbons into sources of freshwater; or

(2) a person other than the operator, the commission will not issue an order under (a) of this section to the operator until the operator presents evidence to the commission's satisfaction that the person who controls the wells has properly repaired, plugged, or otherwise modified the wells to prevent the movement of oil field wastes or hydrocarbons into sources of freshwater.

(i) The commission will publish notice of the disposal or storage application and will provide opportunity for a hearing in accordance with 20 AAC 25.540.

(j) If disposal or storage operations are not begun within 24 months after the approval date, the injection approval will expire unless an application for extension is approved by the commission.

(k) The annular disposal of drilling wastes approved under 20 AAC 25.080 is an operation incidental to drilling a well and is not a disposal operation subject to this section.

(l) This section does not apply to underground disposal that is regulated under 40 C.F.R. 147.101 by the United States Environmental Protection Agency.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.255 Equitable distribution of production

Repealed 4/2/86.

20 AAC 25.260 Illegal production

Repealed.

History

Authority: AS 41.06.120; AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; repealed 7/25/2020, Register 235) (Eff. 4/18/2026, Register 258

20 AAC 25.265 Well safety valve systems

(a) A completed well must be equipped with a functional safety valve system unless the well is

(1) a water source well;

(2) a disposal injection well;

(3) an observation well;

(4) shut-in; or

(5) suspended.

(b) A safety valve system must have a surface safety valve with an actuator and a low-pressure mechanical or electrical detection device with the capability to shut-in a well when the well's flow line pressure drops below the required system actuation pressure.

(1) the surface safety valve must be located within the vertical run of a well's tree;

(2) the low-pressure mechanical or electrical detection device must be installed on the well's flow line;

(3) the safety valve system control unit must be placed in a location that allows unobstructed control unit access for operation, maintenance, repair, and inspection;

(4) for a producing well, a check valve must be installed in the well's flow line upstream of the production manifold, except for a well that cycles between gas storage injection and production;

(5) in a well's safety valve system a fusible plug or a functionally equivalent device must be installed near enough to the wellhead so that the well will be immediately shut-in if there is a fire;

(6) a structure containing multiple wells in a common area must have a gas detection system and a fire detection system that will immediately shut-in the wells located within the structure;

(7) safety valve system equipment must be maintained in good operating condition at all times and must be protected to ensure reliable operation under the range of weather conditions expected at the well site; and

(8) components of a safety valve system installed before December 3, 2010 which do not meet the requirements of (1) - (7) of this subsection, require commission approval no later than one year after December 3, 2010 to remain in operation.

(d) In addition to meeting the other requirements of this section, the following wells must be equipped with a fail-safe automatic surface controlled subsurface safety valve capable of preventing an uncontrolled flow of fluid from the well's tubing:

(1) a well that is capable of unassisted flow of hydrocarbons to surface and that has an offshore surface location;

(2) a well that is capable of unassisted flow of hydrocarbons to surface and that has an onshore surface location that is 660 feet or less of

(A) a permanent dwelling intended for human occupancy, including a billeting camp or private residence;

(B) an occupied commercial building, excluding a structure located within an existing oil or gas field;

(D) an operating railway;

(E) a government maintained airport runway;

(F) a coast line measured at mean high water;

(G) a public recreational facility; or

(H) navigable waters as defined by the United States Army Corps of Engineers in 33 C.F.R. Part 329.4 with boundaries defined in 33 C.F.R. 329.11;

(3) a well that the commission determines, after notice and an opportunity for hearing in accordance with 20 AAC 25.540, must be equipped with a subsurface safety valve;

(4) an onshore well in a location described under (2) of this subsection and equipped with an electric submersible pump, velocity string, or capillary string run within the tubing is not required to be equipped with a subsurface safety valve; or

(5) gas-only injection wells must be equipped with either a subsurface safety valve as stated in this subsection, or an injection valve capable of preventing back flow; the commission will address wells cycling between gas storage injection and production on a case-by-case basis.

(e) If a well is being produced by artificial lift, the capability must exist to shut down artificial lift to the well.

(f) A well that was completed before December 3, 2010 that is subject to the requirements of (d) of this section and that is not equipped with the functional hardware that would make a subsurface safety valve installation possible sooner, must comply with the provisions of (d) of this section no later than the date that the well undergoes a tubing workover.

(g) A subsurface safety valve required under this section must be installed in the tubing string and

(1) located a minimum of 100 feet below the following:

(A) original ground level for onshore wells;

(B) mudline datum for offshore wells;

(2) notwithstanding the provisions of (1) of this subsection, if permafrost is present, the subsurface safety valve must be located below the permafrost.

(h) Except for a well injecting water, safety valve system testing is required. Safety valve system testing may consist of a function-test, a performance-test, or both. A performance-test includes a function pressure-test of the system's valves and a function-test of the mechanical or electrical actuating device. A safety valve system component fails a performance-test when a test criterion in (9) - (12) of this subsection is not met on the first attempt. The safety valve system must be tested as follows:

(1) performance-testing of the safety valve system must be accomplished using a calibrated pressure gauge of suitable range and accuracy;

(2) a performance-test is required following installation, repair, or replacement of a low-pressure mechanical or electrical detection device, surface safety valve, or subsurface safety valve;

(3) a function-test only is required following the installation, repair, or replacement of safety valve system components other than those listed in (2) of this subsection, before or at the time of placing a well in service;

(4) a new well requiring a safety valve system may not be operated unless it passes a performance-test not later than five days after placing the well in service; the timing of all other safety valve system performance-testing must be consistent with the requirements of (i) of this section;

(5) a performance-test must be conducted semi-annually, not to exceed 210 days between tests, unless the commission prescribes a different testing interval based on test performance results;

(6) a well isolated from its flow line or other production offtake mechanism need not be tested at the time of the required performance-test stated in this subsection, but the safety valve system must be performance-tested not later than five days after the well's return to stabilized production or injection;

(7) performance-test results must be verified by an operator's designated representative and submitted electronically to the commission not later than the 15th calendar day of the month following the testing;

(8) at least 24 hours notice of safety valve system performance-testing must be provided to the commission so that a commission representative can witness the test; however, at least 48 hours notice must be provided if the test location is remote from the nearest commission office;

(9) the system actuation pressure of the low-pressure mechanical or electrical detection device installed on a production well must be at least 50 percent of the separator inlet pressure or at least 25 percent of the flowing tubing pressure, whichever is greater;

(10) when a safety valve system is required, the system actuation pressure of the low-pressure mechanical or electrical detection device installed on injection wells must be greater than 50 percent of the injection tubing pressure;

(11) not later than two minutes after the actuation of a mechanical or electrical detection device, a required surface safety valve must close; after valve closure with a measurable pressure differential across the valve, there must be no detectable leakage as evidenced by a stabilized, flat-line pressure response;

(12) not later than four minutes after the actuation of a mechanical or electrical detection device, a required subsurface safety valve must close; after valve closure with a measurable pressure differential across the valve, there must be no detectable leakage as evidenced by a stabilized, flat-line pressure response;

(13) preventive maintenance records for the consecutive six months immediately before the testing must be made available at the request of a commission representative; the records must indicate the date and type of safety valve system maintenance completed.

(i) If a component of a safety valve system fails a performance-test, the component must be repaired or replaced, or the well shut-in as follows:

(1) if the mechanical or electrical actuating device fails to actuate or actuates below the required trip pressure, the actuating device must immediately be repaired or replaced and performance-tested, or the well must immediately be shut-in;

(2) for a well equipped with only a surface safety valve,

(A) if the surface safety valve fails to close, it must immediately be repaired or replaced and performance-tested, or the well must immediately be shut-in; or

(B) if the surface safety valve leaks, the valve must, not later than 24 hours after the leak is found, be both repaired or replaced and performance tested, or the well must be shut-in;

(3) for a well equipped with both a surface safety valve and a commission-required subsurface safety valve,

(A) if either the surface safety valve or subsurface safety valve fails to close, the failing valve must, not later than 48 hours after the failure is found be both repaired or replaced and performance-tested, or the well must be shut-in;

(B) if either the surface safety valve or commission-required subsurface safety valve leaks, the leaking valve must, not later than 14 days after the leak is found, be both repaired or replaced and performance-tested, or the well must be shut-in; and

(C) if both the surface safety valve and subsurface safety valve fail a performance-test, at least one valve must immediately be both repaired or replaced and performance-tested in place, or the well must immediately be shut-in; the remaining valve must, not later than 14 days after the failure is found, be repaired or replaced and performance-tested, or the well must be shut-in;

(4) if the positive sealing device used to test a safety valve system leaks or otherwise precludes a successful safety valve system test, testing may continue with a substitute valve upon commission approval; the positive sealing device must be repaired or replaced before the next required safety valve system test.

(j) When required by a tubing workover, well intervention, or by routine well pad or platform operations,

(1) the subsurface safety valve may be temporarily blocked or removed; however, the subsurface safety valve must be made operable not later than 14 days after the date that the well is returned to service, and be tested not later than five days after installation in accordance with (h) of this section; and

(2) the surface safety valve and the mechanical or electrical detection device may be temporarily removed or defeated; however, unless otherwise authorized by the commission, the well pad or platform must be continuously manned, or the well must be shut-in, until the surface safety valve and mechanical or electrical detection device are made operable; well pads, platforms, islands, or similar groups of wells are continuously manned if sufficient responsible personnel are physically on-site and manually able to provide a level of protection equivalent to the removed or defeated safety valve system equipment.

(k) An operator may demonstrate by a no-flow test that a well is incapable of the unassisted flow of hydrocarbons to the surface subject to the following:

(1) a no-flow test must be performed according to commission-approved procedures, and to demonstrate no-flow, there must be a commission-witnessed three-hour period of no-flow;

(2) at least 24 hours notice must be provided to the commission so that a commission representative can witness the test; however, at least 48 hours notice must be provided if the test location is remote from the nearest commission office;

(3) upon notice to the commission of an upcoming no-flow test, a well may be produced without a subsurface safety valve for not more than five days in order to reach a stabilized condition before the test;

(4) well work activities that have the potential to impact a well's flow capability invalidate the well's no-flow status.

(l) For purposes of (d) of this section, a well is incapable of the unassisted flow of hydrocarbons to the surface when

(1) a witnessed no-flow test demonstrates that either

(A) the measured liquid production is not greater than 6.3 gallons per hour, and the measured gas production is not greater than 900 standard cubic feet per hour; or

(B) well pressure is discharged not later than five minutes after a three-hour charted pressure build-up period; and

(2) the operator receives written confirmation, including confirmation by electronic mail that is retained as a record by the operator, from the commission that the results of the witnessed no-flow test were accepted.

(m) If a required component of a well's safety valve system is inoperable, removed, or blocked, the well must be tagged. Tagging is not required during well work activities and continuously manned operational activities that affect a safety valve system. The tag must identify the following:

(1) the inoperable, removed, or blocked component;

(2) the date and reason, if known, that the component was inoperable, removed, or blocked;

(3) the name of the individual completing the tag.

(n) The operator of each field shall designate and report to the commission a position as the single-point-of-contact. The single-point-of-contact is responsible for the following:

(1) ensuring that a safety valve system test schedule is coordinated with the commission;

(2) ensuring that actions consistent with these regulations are taken in the event of a safety valve system failure and reported to the commission;

(3) ensuring that the commission is notified when a safety valve system has been repaired and is ready for testing;

(4) maintaining records of safety valve system performance tests, failures, repairs, and retests for a period of at least five years;

(5) ensuring that the commission is notified if well conditions cause a change in safety valve system requirements, such as when a no-flow well is returned to flowing status.

(o) Unless notice and a hearing are required under (d)(3) of this section, upon written request from the operator, the commission may approve

(1) a variance from a requirement of this section if the variance provides at least an equally effective means of complying with the requirement; or

(2) a waiver of a requirement of this section if the waiver does not promote waste, is based on sound engineering and geoscience principles, will not jeopardize the ultimate recovery of hydrocarbons, does not jeopardize correlative rights, and does not result in an increased risk to health, safety, or the environment, including freshwater.

(p) In this section, unless the context otherwise requires, "well's flowline" means the section of line between a well tree and the first piping manifold.

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.095
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 12/3/2010, Register 196; am 2/10/2018, Register 225

20 AAC 25.270 Reservoir properties

(a) The operator shall determine the initial reservoir pressure in each new pool before regular production. The results must be reported to the commission on a Reservoir Pressure Report (Form 10-412).

(b) The operator shall obtain fluid samples from each new pool at the time of discovery or before regular production and determine

(1) crude oil composition;

(2) pressure, volume, and temperature properties of the crude oil; and

(3) solution or non-associated gas composition.

(c) Sampling and analysis must be conducted and reported in accordance with good oil field engineering practices. Reports must be submitted to the commission within 45 days following the completion of the determinations required in (b) of this section.

(d) The operator shall determine within three months after discovery of each new oil pool the original solution gas-oil ratio by a well test conducted in a manner approved by the commission. The operator shall report the results on the Well Status Report and Gas-Oil Ratio Tests (Form 10-409) within 45 days after the test.

(e) Annually and not later than April 1 or the date that the operator must submit a pool-specific annual surveillance report for the reservoir under 20 AAC 25.520, whichever date is later, the operator shall submit to the commission an Annual Reservoir Properties Report (Form 10-428).

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.150
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225) (Eff. 4/18/2026, Register 258

20 AAC 25.275 Reservoir fluid properties

Repealed.

History

Eff. 4/2/86, Register 97; repealed 11/7/99, Register 152

20 AAC 25.280 Workover operations

(a) An Application for Sundry Approvals (Form 10-403) must be submitted to and approved by the commission in order to enter a well and conduct one or more of the following types of well workover operations:

(1) the perforation or reperforation of casing;

(2) stimulation;

(3) the pulling of tubing;

(4) alteration of the casing;

(5) repairs to the well.

(b) The Application for Sundry Approvals must set out

(1) the current condition of the well;

(2) a copy of the proposed program for well work;

(3) unless already on file with the commission, a diagram and description of the well control equipment to be used, including if applicable a list of the blowout prevention equipment (BOPE) with specifications;

(4) the maximum downhole pressure that may be encountered, criteria used to determine it, and the maximum potential surface pressure based on a pressure gradient to surface of 0.1 psi per foot of true vertical depth, unless the commission approves a different pressure gradient that provides a more accurate means of determining the maximum potential surface pressure, such as using a stabilized shut-in tubing pressure;

(5) a description of any wellbore fluid to be used for primary well control; and

(6) the current bottom-hole pressure, or, if data setting out the actual pressure are not available, an estimate of the current bottom-hole pressure.

(c) The operator shall keep records and reports of well workover operations, including BOPE test results, in conformance with the requirements of 20 AAC 25.070(1).

(d) The operator shall file with the commission, within 30 days after completion of workover operations, on a Report of Sundry Well Operations (Form 10-404), a complete record of the work performed and the tests conducted, and a summary of daily well operations as described in 20 AAC 25.070(3). Upon request, the operator shall file with the commission a copy of the daily record required by 20 AAC 25.070(1).

(e) Upon application, the commission will, in its discretion, waive the requirements of this section for wells in a pool for which pool rules have been prescribed under 20 AAC 25.520.

(f) An Application for Sundry Approvals for a well proposed for stimulation by hydraulic fracturing as defined in 20 AAC 25.283(m) must also comply with 20 AAC 25.283. The commission will post the application on its public Internet website. If the application contains confidential information the operator shall submit, for posting on the commission's public Internet website, an additional copy of the application with all confidential information redacted.

(g) If workover operations are not commenced within 12 months after the commission approves an Application for Sundry Approvals, the Application for Sundry Approvals expires.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.110; AS 41.06.195
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 12/28/2006, Register 180; am 1/7/2015, Register 213; am 2/10/2018, Register 225) (Eff. 4/18/2026, Register 258

20 AAC 25.283 Hydraulic fracturing

(a) Before hydraulic fracturing, the operator must submit an Application for Sundry Approvals (Form 10-403) under 20 AAC 25.280. Unless modified or altered by pool rules established under 20 AAC 25.520, the application must include

(1) an affidavit stating that all owners, landowners, surface owners, and operators within a one-half mile radius of the current or proposed wellbore trajectory have been provided a notice of operations that is in compliance with the requirements of this paragraph; in the notice of operations, the operator must

(A) state that upon request a complete copy of the application is available from the operator; and

(B) include the operator contact information;

(2) a plat

(A) showing the well location;

(B) identifying each water well, if any, located within a one-half mile radius of the well's surface location; and

(i) each well penetration, if any, within one-half mile of the current or proposed wellbore trajectory and fracturing interval; and

(ii) the source of information used in identifying each well penetration;

(3) identification of each freshwater aquifer, if any, within a one-half mile radius of the current or proposed wellbore trajectory, the geological name of the freshwater aquifer, the measured depth of the freshwater aquifer, and the true vertical depth of the freshwater aquifer;

(4) a plan for baseline water sampling of water wells before hydraulic fracturing, as follows:

(A) water sampling consists of collection of baseline water data before hydraulic fracturing, within a one-half mile radius of the current or proposed wellbore trajectory;

(B) the operator must detail the well selection process for identifying wells to sample;

(i) must document the reasonable and good-faith efforts taken to secure that permission; and

(ii) is not required to include the surface owner in any sampling required under (j) of this section of water wells after hydraulic fracturing;

(D) sample parameters must include

(i) pH;

(ii) alkalinity, measured as the presence of total bicarbonate and carbonate, and expressed as parts per million of calcium carbonate;

(iii) specific conductance;

(iv) the presence of bacteria that is iron-related, sulfate-reducing, or slime-forming;

(v) arsenic;

(vi) barium;

(vii) bicarbonate;

(viii) boron;

(ix) bromide;

(x) cadmium;

(xi) calcium;

(xii) chloride;

(xiii) chromium;

(xiv) flouride;

(xv) hydroxide;

(xvi) iodide;

(xvii) iron;

(xviii) lithium;

(xix) magnesium;

(xx) manganese;

(xxi) total nitrate and nitrate, measured as the presence of nitrogen;

(xxii) phosphorus;

(xxiii) potassium;

(xxiv) radium, measured as the presence of combined radium-226 and radiurn-228;

(xxv) selenium;

(xxvi) silicon;

(xxvii) sodium;

(xxviii) strontium;

(xxix) sulfate;

(xxx) total dissolved solids;

(xxxi) total petroleum hydrocarbons, expressed as the results of the analyses made under (xxxii) - (xxxvi) of this subparagraph;

(xxxii) benzene, toluene, ethylbenzene, and total xylene isomers (BTEX); the Application for Sundry Approvals (Form 10-403) must state whether the operator proposes to measure those substances using the United States Environmental Protection Agency's methods 5035, 8260B, or 8260C in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA publication SW-846), or an alternate method proposed for commission approval as effective for measuring those substances;

(xxxiii) gasoline range organics (GRO); the Application for Sundry Approvals (Form 10-403) must state whether the operator proposes to measure those substances using the United States Environmental Protection Agency's methods 5035, 8015C, or 8015D in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA publication SW-846), method AK 101 in the Department of Environmental Conservation's Underground Storage Tanks Procedures Manual, or an alternate method proposed for commission approval as effective for measuring those substances;

(xxxiv) diesel range organics (DRO); the Application for Sundry Approvals (Form 10-403) must state whether the operator proposes to measure those substances using the United States Environmental Protection Agency's methods 8015C or 8015D in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (EPA publication SW-846) with silica gel cleanup, method AK 102 in the Department of Environmental Conservation's Underground Storage Tanks Procedures Manual, or an alternate method proposed for commission approval as effective for measuring those substances;

(xxxv) polynuclear aromatic hydrocarbons, including benzo(a)pyrene; and

(xxxvi) dissolved methane, dissolved ethane, and dissolved propane; the Application for Sundry Approvals (Form 10-403) must state whether the operator proposes to measure those substances using the United States Environmental Protection Agency's Standard Operating Procedure: Sample Preparation and Calculations for Dissolved Gas Analysis in Water Samples Using a GC Headspace Equilibration Technique (EPA publication RSK SOP 175, Revision No. 2) or an alternate method proposed for commission approval as effective for measuring those substances;

(E) the plan must require documentation of odor, water color, sediment, bubbles, effervescence, and other field observations;

(F) the plan must require that if free gas or a dissolved methane concentration greater than 1.0 mg/l is detected in a water sample, the gas type shall be determined by means of a gas compositional analysis and stable isotope analysis of the methane; a stable isotope analysis must include an analysis of carbon-12, carbon-13, hydrogen-1, and hydrogen-2 isotopes;

(G) the plan must require that the operator notify the commission, the Department of Environmental Conservation, and the surface owner within 24 hours if

(i) the test results indicate thermogenic or a mixture of thermogenic and biogenic gas;

(ii) the plan requires multiple samples within a stated timeframe, and the methane concentration increases by more than 5.0 mg/l between sampling periods;

(iii) the methane concentration is detected at or above 10 mg/l; or

(iv) total petroleum hydrocarbons as described in (D)(xxxi) of this paragraph, benzene, toluene, ethylbenzene, xylene isomers, gasoline range organics, or diesel range organics are detected;

(H) except as otherwise provided under this paragraph, the plan must provide for the use of current applicable sample custody and collection protocols and analytical methods that the Department of Environmental Conservation or the United States Environmental Protection Agency (EPA) has approved, or an alternate protocol or method proposed for commission approval as effective for custody, collection, or analysis of a sample; the plan must provide that analyses be performed by laboratories that maintain nationally accredited programs;

(I) not later than 90 days after a sample is collected, a copy of each test result, analytical result, and sample location must be provided to the commission and to the Department of Environmental Conservation in printed form and in an electronic data deliverable format that is acceptable to the commission;

(5) detailed casing and cementing information;

(6) an assessment of each casing and cementing operation performed to construct or repair the well; the assessment must include sufficient supporting information, including cement evaluation logs and other evaluation logs approved by the commission, to demonstrate that

(A) casing is cemented

(i) below the base of the lowermost freshwater aquifer; and

(ii) in accordance with 20 AAC 25.030; and

(B) each hydrocarbon zone penetrated by the well is isolated;

(7) pressure test information if available and plans to pressure-test the casings and tubing installed in the well;

(8) accurate pressure ratings and schematics for the wellbore, wellhead, BOPE, and treating head;

(9) data for the fracturing zone and confining zones, including

(A) a lithologic description of each zone;

(B) the geological name of each zone;

(D) the measured thickness and true vertical thickness of each zone; and

(E) the estimated fracture pressure for each zone;

(10) the location, the orientation, and a report on the mechanical condition of each well that may transect the confining zones, and information sufficient to support a determination that the well will not interfere with containment of the hydraulic fracturing fluid within the one-half mile radius of the proposed wellbore trajectory;

(11) the location of, orientation of, and geological data for each known or suspected fault or fracture that may transect the confining zones, and information sufficient to support a determination that the known or suspected fault or fracture will not interfere with containment of the hydraulic fracturing fluid within the one-half mile radius of the proposed wellbore trajectory;

(12) a detailed copy of the proposed hydraulic fracturing program; the proposed program must include the pumping procedure by stage if applicable, with a chemical disclosure based on the total amounts and volumes per well, including the

(A) estimated total volumes planned;

(B) trade name, generic name, and purpose of each base fluid and additive to be used; the estimated or maximum rate or concentration of each additive must be provided in appropriate measurement units;

(C) chemical ingredient name of, and the Chemical Abstracts Service (CAS) registry number assigned to, each base fluid and additive to be used; the actual or maximum concentration of each chemical ingredient in each base fluid and additive used must be provided in percent by mass; the actual or maximum concentration of each chemical ingredient in the hydraulic fracturing fluid must be provided in percent by mass; freeze-protect fluids pumped before or after hydraulic fracturing may not be included;

(D) estimated weight or volume of each inert substance, including a proppant or other substance injected;

(E) maximum anticipated treating pressure and information sufficient to support a determination that the well is appropriately constructed for the proposed hydraulic fracturing program; and

(F) designed height and length of each proposed fracture, including

(i) the calculated measured depth and true vertical depth of the top of the fracture; and

(ii) a description of each method and assumption used to determine designed fracture height and length; and

(13) a detailed description of the plan for post-fracture wellbore cleanup and fluid recovery through to production operations.

(b) When hydraulic fracturing is done through production casing or through intermediate casing, the casing must be tested to 110 percent of the maximum anticipated pressure differential to which the casing may be subjected. If the casing fails the pressure test, the casing must be repaired or the operator must use a fracturing string.

(1) stung into a liner or run on a packer set at a measured depth of not less than 100 feet below the cement top of the production casing or intermediate casing; and

(2) tested to not less than 110 percent of the maximum anticipated pressure differential to which the fracturing string may be subjected.

(d) A pressure relief valve must be installed on the treating line between a pump and the wellhead to limit the line pressure to the test pressure determined under (a)(12)(E) of this section. The well must be equipped with a remotely controlled shut-in device unless the operator requests and obtains a waiver from the commission under ( l) of this section.

(e) The placement of all hydraulic fracturing fluids shall be confined to the approved formations during hydraulic fracturing.

(f) If the surface casing annulus is not open to atmospheric pressure, the surface casing pressures shall be monitored with a gauge and pressure relief device while hydraulic fracturing operations are in progress. The annular space between the fracturing string and the intermediate or production casing must be continuously monitored. The pressure in that annular space may not exceed the pressure rating of the lowest rated component that would be exposed to pressure if the fracturing string failed.

(g) During hydraulic fracturing operations, all annulus pressures must be continuously monitored and recorded. If at any time during hydraulic fracturing operations the annulus pressure increases more than 500 psig above those anticipated increases caused by pressure or thermal transfer, the operator shall

(1) notify the commission as soon as practicable, but not later than 24 hours following the incident;

(2) implement corrective action or increased surveillance as the commission requires; and

(3) submit a Report of Sundry Well Operations (Form 10-404) not later than 15 days after the incident; in the report the operator shall give all details of the incident, including corrective actions taken.

(h) Not later than 30 days after completion of hydraulic fracturing, operations, the operator shall file with the commission, on a Report of Sundry Well Operations (Form 10-404), a complete record of the work performed and the tests conducted, a summary of daily well operations as described in 20 AAC 25.070(3), and a copy of the daily record required under 20 AAC 25.070(1). As part or the filing the operator shall include,

(1) for each hydraulic fracturing interval,

(A) the measured depth and true vertical depth of each perforation or sleeve for the actual treated interval; and

(B) the amount and type of each base fluid and each additive pumped during each stage; and

(2) for each hydraulic fracturing treatment addressed in the Report of Sundry Well Operations, the total amount and type of each base fluid and each additive pumped, including

(A) a description of each hydraulic fracturing fluid pumped, identified by individual base fluid or additive; the description must include

(i) the trade name for the base fluid or additive;

(ii) the supplier of the base fluid or additive; and

(iii) a brief description of the purpose of the base fluid or additive; that purpose may be expressed as acid, biocide, breaker, brine, corrosion inhibitor, crosslinker, de-emulsifier, friction reducer, gel, iron control, oxygen scavenger, pH adjusting agent, proppant, scale inhibitor, surfactant, or another similar brief description; and

(B) the chemical ingredient name of, and the Chemical Abstracts Service (CAS) registry number assigned to, each base fluid and additive used; the actual or maximum concentration of each chemical ingredient in each base fluid and additive used must be provided in percent by mass: the actual or maximum concentration of each chemical ingredient in the hydraulic fracturing fluid must be provided in percent by mass; freeze-protect fluids pumped before or after hydraulic fracturing may not be included.

(i) Before submitting a Report of Sundry Well Operations under (h) of this section, the operator shall

(1) post information required by the Interstate Oil and Gas Compact Commission and the Ground Water Protection Council on the FracFocus Chemical Disclosure Registry, or its successor database, maintained on the Internet by those organizations; and

(2) file a printed copy and electronic copy of that information, in a format acceptable to the commission and as an attachment with the Report of Sundry Well Operations.

(j) The commission may require water sampling of water wells after hydraulic fracturing. If required, and in accordance with a sampling and monitoring plan approved by the commission, water sampling may consist of collection of water data within a one-half mile radius of the wellbore trajectory after hydraulic fracturing. The operator shall detail the well selection process for identifying wells to sample. Methods, parameters, and analysis must be similar to those under (a)(4) of this section as required by the commission.

(k) Any information required to be filed under this section that the filing party believes to be a confidential trade secret shall be separately filed in an envelope clearly marked "confidential" along with a list of the documents that the party believes to be wholly or partially nondisclosable as trade secrets, and the specific legal authority and specific facts supporting nondisclosure. The commission will review the information, and will maintain it as confidential. If the commission receives a request under AS 40.25.100 - 40.25.295 (Alaska Public Records Act) for disclosure of the information, the commission will promptly forward the request to the party claiming confidentiality. Not later than five business days after receiving the request, the party claiming confidentiality shall file with the commission an affidavit verifying that the documents remain wholly or partially confidential, identifying any portions of the document that are not confidential, and setting out the specific facts and legal authority supporting nondisclosure. After reviewing the affidavit, in accordance with and within the time allowed to respond under 2 AAC 96.325, the commission will determine whether to provide the party making the public records request the requested documents or the list of nondisclosable documents, the specific legal authority and facts supporting nondisclosure, and the affidavit provided by the party claiming confidentiality. The commission will notify the party claiming confidentiality if an appeal is requested under AS 40.25.123(e) and 2 AAC 96.340, or if judicial relief is sought under AS 40.25.124 or 40.25.125.

(l) Upon written request of the operator, the commission may modify a deadline in this section upon a showing of good cause, approve a variance from any other requirement of this section if the variance provides at least an equally effective means of complying with the requirement, or approve a waiver of a requirement of this section if the waiver will not promote waste, is based on sound engineering and geoscience principles, will not jeopardize the ultimate recovery of hydrocarbons, will not jeopardize correlative rights, and will not result in an increased risk to health, safety, or the environment, including freshwater.

(m) In this section,

(1) "additive" means a chemical substance or combination of substances, including a proppant, that is contained in a hydraulic fracturing fluid and that is intentionally added to a base fluid for a specific purpose, whether or not that purpose is to create fractures in a formation;

(2) "chemical ingredient" means a discrete chemical constituent that is contained in an additive and that has its own Chemical Abstracts Service (CAS) registry number or other specific name or identity;

(3) "diesel range organics" means mid-range petroleum products, including diesel fuel, with petroleum hydrocarbon compounds corresponding to an alkane range from the beginning of n-decane (C10) to the beginning of n-pentacosane (C25) and with a boiling point range between approximately 170 - 400° Centigrade;

(4) "fracturing string" means any pipe or casing string used for the transport of hydraulic fracturing fluids during hydraulic fracturing operations;

(5) "gasoline range organics" means light range petroleum products, including gasoline, with petroleum hydrocarbon compounds corresponding to an alkane range from the beginning of n-hexane (C6) to the beginning of n-decane (C10) and with a boiling point range between approximately 60 - 170° Centigrade;

(6) "hydraulic fracturing" means the treatment of a well by the application of hydraulic fracturing fluid under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of oil or natural gas;

(7) "hydraulic fracturing fluid" means the fluid, including the applicable base fluid. and all additives, used to perform a particular hydraulic fracturing treatment;

(8) "hydraulic fracturing treatment" means all stages of the treatment of a well by the application of hydraulic fracturing;

(9) "proppant" means treated sand, a manufactured ceramic material, or another solid material designed to keep a hydraulic fracture open during or after hydraulic fracturing treatment;

(10) "stage" means any separate interval treatment that initiates a new fracture within the wellbore;

(11) "water well" means a well producing freshwater that serves as a source of drinking water for human consumption or agricultural purposes.

History

Authority: AS 31.05.030
Eff. 1/7/2015, Register 213

20 AAC 25.285 Secondary well control for tubing workover operations: blowout prevention equipment requirements

(a) This section applies to workover operations performed with the tree removed. These operations are also subject to the requirements of 20 AAC 25.527.

(b) The rated working pressure of the BOPE and other well control equipment must exceed the maximum potential surface pressure to which it may be subjected. If an approved Application for Sundry Approvals (Form 10-403) is required under 20 AAC 25.280, the commission will specify in that approved application the working pressure that the equipment must be rated to meet or exceed. However, the rated working pressure of the annular type preventer need not exceed 5,000 psi.

(1) at least one positive seal manual or hydraulic valve or BOPE blind ram and one set of BOPE pipe rams flanged to the wellhead;

(2) in rotary drilling rig operations,

(A) for an operation with a maximum potential surface pressure of 3,000 psi or less, at least three preventers, including

(i) one equipped with pipe rams that fit the size of drill pipe, tubing, liner or casing being used, except that pipe rams need not be sized to bottom-hole assemblies (BHAs) and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type;

(B) for an operation, other than a casing or liner operation, with a maximum potential surface pressure of greater than 3,000 psi, at least four preventers, including

(i) two equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type; and

(C) for a casing or liner operation, with a maximum potential surface pressure of greater than 3,000 psi, at least four preventers, including

(i) one equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAS and drill collars;

(ii) one equipped with pipe rams that fit the size of casing or liner being used;

(iii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iv) one annular type;

(3) in coiled tubing unit operations,

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) a high pressure pack-off, stripper, or annular type preventer;

(iii) if pressure deployment of tools is planned, a riser or lubricator sized to the BHA and providing for pressure integrity from the BOPE rams to the high pressure pack-off, stripper, or annular type preventer; and

(iv) at least one preventer equipped with pipe rams that fit the size of the tubing, liner, or casing being used, except that pipe rams need not be sized to BHAs and drill collars;

(B) for an operation, other than a casing or liner operation, with a maximum potential surface pressure of greater than 5,000 psi,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iv) at least two preventers equipped with pipe rams that fit the size of the tubing used, except that pipe rams need not be sized to BHAs and drill collars; and

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers;

(iv) at least one preventer equipped with pipe rams that fit the size of the tubing being used, except that pipe rams need not be sized to BHAs and drill collars; and

(v) at least one preventer equipped with pipe rams that fit the size of casing or liner being used;

(4) if a tapered string is used, either an additional set of rams for each size of pipe being run or a variable ram, except if small diameter tubulars are used to perform a clean-out operation through a production packer or to clean out a liner where the casing has been top set;

(5) locking devices on the ram-type preventers;

(6) in rotary drilling rig operations, one complete set of operable remote BOPE controls on or near the driller's station, in addition to controls on the accumulator system;

(7) in coiled tubing operations, one complete set of operable remote BOPE controls on or near the operator's station and, if these controls are not in close proximity to the drilling platform floor, a second annular type preventer closing control located on the drilling platform floor;

(8) a hydraulic actuating system with

(A) sufficient accumulator capacity to supply 150 percent of the volume necessary to close all BOPs, except blind rams, while maintaining a minimum pressure of 200 psi above the required precharge pressure when all BOPs, except blind rams, are closed and all power sources are shut off; and

(B) an accumulator pump system consisting of two or more pumps with independent primary and secondary power sources and an accumulator backup system having sufficient capacity to close all BOPs and to hold them closed;

(9) a kill line and a choke line each connected to a flanged or hubbed outlet on a drilling spool or on the BOP body with two full-opening valves on each outlet, conforming to the following specifications:

(A) the outlets must be at least two inches in nominal diameter, except that for rotary drilling rig operations, if the operation has a maximum potential surface pressure of greater than 3,000 psi, the nominal diameter of the choke outlets must be at least three inches;

(B) each valve must be sized at least equal to the required size of the outlet to which it is attached;

(D) the inner valve on both the choke and kill sides may not normally be used for opening or closing on flowing fluid; and

(10) a choke manifold equipped with

(A) two or more adjustable chokes, one of which must be hydraulic and remotely controlled from near the driller's station if the operation has a maximum potential surface pressure of greater than 3,000 psi;

(B) a line at least two inches in nominal diameter downstream of each choke;

(C) immediately upstream of each choke, at least one full-opening valve for an operation with a maximum potential surface pressure of 3,000 psi or less, or at least two full-opening valves for an operation with a maximum potential surface pressure of greater than 3,000 psi; and

(D) a bypass line, at least two inches in nominal diameter, with at least one full-opening valve for an operation with a maximum potential surface pressure of 3,000 psi or less, or at least two full-opening valves for an operation with a maximum potential surface pressure of greater than 3,000 psi.

(d) The rated working pressure of valves, pipes, rotary hoses, and other fittings, including all sections of the choke manifold that are subject to full wellhead pressure, must exceed the maximum potential surface pressure to which they may be subjected and may not be less than the required working pressure specified for the BOPE in an approved Application for Sundry Approvals, if any, under 20 AAC 25.280, except that the rated working pressure of lines downstream of the choke need not exceed 50 percent of the required working pressure of the BOPE.

(e) Kill and choke lines must

(1) be constructed of rigid steel pipe, fire-resistant rotary hose, or other conduit that has been approved by the commission as capable of withstanding the temperature and pressure of an ignited uncontrolled release;

(2) be as straight as practical;

(3) if constructed of rigid steel pipe, use targeted turns where the bend radius is less than 20 times the inside diameter of the pipe;

(4) be secured to prevent excessive whip or vibration;

(5) be sized to prevent excessive erosion or fluid friction; and

(6) be assembled without hammer unions or internally clamped swivel joints, unless the commission determines that those joints do not compromise the maintenance of well control.

(f) The BOPE must be tested as follows:

(1) when installed, repaired, or changed, and at least once a week thereafter, BOPE, including emergency valves and choke manifolds, must be function pressure-tested, using a non-compressible fluid, to the required working pressure specified in an approved Application for Sundry Approvals under 20 AAC 25.280 or, if that application is not required, to the maximum potential surface pressure to which the BOPE may be subjected, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(2) if any BOP equipment components have been used for well control or other equivalent purpose, or when routine use of the equipment may have compromised its effectiveness, the components used must be function pressure-tested before the next wellbore entry, using a non-compressible fluid, to the required working pressure specified in an approved Application for Sundry Approvals under 20 AAC 25.280 or, if that application is not required, to the maximum potential surface pressure to which that equipment may be subjected, except that an annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(3) non-sealing equipment must be function-tested weekly, after a repair or change, and after an action that disconnects the hydraulic system lines from the BOPE, except that if the workstring is continuously in the well, function-testing must be performed as soon as possible after the workstring is pulled out of the well and the BHA clears the BOP;

(4) for each BOPE test during drilling and completion operations, variable bore rams must be function pressure-tested to the required pressure on the smallest outside diameter (OD) and largest outside diameter (OD) tubulars that may be used during that test cycle, except that variable bore rams need not be tested on BHAs and drill collars;

(5) after they are installed in the BOP stack, the rams for casing or liner must be function pressure-tested to the required pressure before running casing or liner;

(6) BOPE test results must be recorded as part of the daily record required by 20 AAC 25.070(1), and must be provided to the commission, in a format approved by the commission, within five days after completing the test;

(7) at least 24 hours notice of each BOPE function pressure test must be provided so that a representative of the commission can witness the test;

(8) the operator shall report to the commission within 24 hours any instance of BOPE use to prevent the flow of fluids from a well.

(g) In a rotary drilling rig operation, the operator shall have on location a copy of the approved Application for Sundry Approvals, if that application is required under 20 AAC 25.280, and shall post on the drilling rig floor any geologic hazard information obtained while drilling the well and a copy of the operator's standing orders specifying well control procedures. In a coiled tubing operation, the operator shall post in the operator's cab a copy of the approved Application for Sundry Approvals, if that application is required under 20 AAC 25.280, any geologic hazard information obtained while drilling the well, and a copy of the operator's standing orders specifying well control procedures. If an additional or separate substructure is used in a coiled tubing operation, the operator shall post a second set of standing orders on the drilling platform floor.

(h) Upon request of the operator, the commission will, in its discretion, approve a variance from the requirements of this section if the variance provides at least an equally effective means of ensuring well control.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 12/28/2006, Register 180; am 7/12/2007, Register 183

20 AAC 25.286 Well control requirements for workstring service operations

(a) This section applies to through-tubing operations that are not subject to the requirements of 20 AAC 25.036 or 20 AAC 25.285, and that are performed with coiled tubing, small diameter drill pipe, or small diameter tubing. These operations are also subject to the requirements of 20 AAC 25.527.

(b) The operator shall use a full lubricator system or open hole deployment type system.

(c) The rated working pressure of the blowout prevention equipment (BOPE) and other well control equipment must exceed the maximum potential surface pressure to which it may be subjected. If an approved Application for Sundry Approvals (Form 10-403) is required under 20 AAC 25.280, the commission will specify in that approved application the working pressure that the equipment must be rated to meet or exceed. However, the rated working pressure of the annular type preventer need not exceed 5,000 psi.

(d) Well control equipment must include

(1) at least one positive seal manual or hydraulic valve or blind ram flanged to the wellhead or tree;

(2) in rotary drilling rig operations,

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less, at least three preventers, including

(i) one equipped with pipe rams that fit the size of drill pipe, tubing, or casing being used, except that pipe rams need not be sized to bottom-hole assemblies (BHAs) and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type;

(B) for an operation, other than a casing or liner operation, with a maximum potential surface pressure of greater than 5,000 psi, at least four preventers, including

(i) two equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iii) one annular type; and

(C) for a casing or liner operation with a maximum potential surface pressure of greater than 5,000 psi, at least four preventers, including

(i) one equipped with pipe rams that fit the size of the drill pipe or tubing being used, except that pipe rams need not be sized to BHAs and drill collars;

(ii) one equipped with pipe rams that fit the size of casing or liner being used;

(iii) one with blind rams, except that a subsea BOPE assembly must have blind/shear rams in place of blind rams; and

(iv) one annular type;

(3) in coiled tubing unit operations,

(A) for an operation with a maximum potential surface pressure of 5,000 psi or less,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) a high pressure pack-off, stripper, or annular type preventer; and

(B) for an operation with a maximum potential surface pressure of greater than 5,000 psi,

(i) BOPE rams providing for pipe, slip, cutting, and blinding operations on the coiled tubing in service;

(ii) two high pressure pack-offs, strippers, or annular type preventers; and

(4) a hydraulic actuating system with

(B) an accumulator pump system;

(5) locking devices on the ram-type preventers;

(6) in rotary drilling rig operations, one complete set of operable remote BOPE controls on or near the driller's station, in addition to controls on the accumulator system;

(8) a kill line capable of being attached with flanged or hubbed connections to the BOP body, drilling spool, tree, wellhead, or other well control equipment.

(e) The operator shall test the BOPE assembly as follows:

(1) at least once a week, and after each repair, change, or use for well control or other equivalent purpose, or when routine use of the equipment may have compromised its effectiveness, BOP equipment must be function pressure-tested, using a non-compressible fluid, to the required working pressure specified in an approved Application for Sundry Approvals under 20 AAC 25.280 or, if that application is not required, to the maximum potential surface pressure to which they may be subjected, except that the annular type preventer need not be tested to more than 50 percent of its rated working pressure;

(2) after each installation of BOPE or other well control equipment, the equipment must be pressure-tested, before wellbore entry, to the maximum potential wellhead pressure to which it may be subjected, except that when testing against the annular type preventer, pressure testing need not exceed 50 percent of the rated working pressure of the annular type preventer;

(4) after each well installation of the BOPE, the BOPE hydraulic connections to the rams must be visually verified before wellbore entry;

(5) for each BOPE test during drilling and completion operations, variable bore rams must be function pressure-tested to the required pressure on the smallest outside diameter (OD) and largest outside diameter (OD) tubulars that may be used during that test cycle, except that variable bore rams need not be tested on BHAs and drill collars;

(7) at least 24 hours notice of each BOPE function pressure test must be provided so that a representative of the commission can witness the test;

(8) the operator shall report to the commission within 24 hours any instance of BOPE use to prevent the flow of fluids from a well.

(f) In a rotary drilling rig operation, the operator shall have on location a copy of the approved Application for Sundry Approvals, if that application is required under 20 AAC 25.280, and shall post on the drilling rig floor any geologic hazard information obtained while drilling the well and a copy of the operator's standing orders specifying well control procedures. In a coiled tubing operation, the operator shall post in the operator's cab a copy of the approved Application for Sundry Approvals, if that application is required under 20 AAC 25.280, any geologic hazard information obtained while drilling the well, and a copy of the operator's standing orders specifying well control procedures. If an additional or separate substructure is used in a coiled tubing operation, the operator shall post a second set of standing orders on the drilling platform floor.

(g) Upon request of the operator, the commission will, in its discretion, approve a variance from the requirements of this section if the variance provides at least an equally effective means of well control.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152; am 12/28/2006, Register 180

20 AAC 25.287 Well control requirements for wireline operations

(a) This section applies to workover or service operations performed with slickline or conductor line with the tree in place. These operations are also subject to the requirements of 20 AAC 25.527.

(b) Well control equipment must include

(1) a set of wireline rams suitable or sized for each diameter of wire passing through the wireline valve;

(2) a lubricator or pressure deployment system; and

(3) a high pressure pack-off, stripper, or greasehead with linewiper, stripper, or pack-off.

(c) The rated working pressure of the well control equipment must exceed the maximum potential surface pressure to which it may be subjected. If an approved Application for Sundry Approvals (Form 10-403) is required under 20 AAC 25.280, the commission will specify in that approved application the working pressure that the equipment must be rated to meet or exceed.

(d) The operator shall test the well control equipment as follows:

(1) at least once a month, wireline valves must be dismantled and rebuilt to ensure the integrity of the inner seals; following rebuild, the wireline rams must be closed and function pressure-tested before wellbore entry, using a non-compressible fluid, to the required working pressure specified in an approved Application for Sundry Approvals under 20 AAC 25.280 or, if that application is not required, to the maximum potential surface pressure to which that equipment may be subjected;

(2) after each installation of the well control equipment, that equipment must be pressure-tested, before wellbore entry, to the maximum potential wellhead pressure to which that equipment may be subjected;

(3) if the wireline valve rams have been used, repaired or changed, the wireline rams must be closed and function pressure-tested before wellbore entry, using a non-compressible fluid, to the required working pressure specified in an approved Application for Sundry Approvals under 20 AAC 25.280 or, if that application is not required, to the maximum potential surface pressure to which they may be subjected.

(e) The operator shall post in the operator's cab a copy of the approved Application for Sundry Approvals, if that application is required under 20 AAC 25.280, any geologic hazard information obtained while drilling the well, and a copy of the operator's standing orders specifying well control procedures.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152; am 11/3/2013, Register 208

20 AAC 25.288 Well control requirements for other service operations

For downhole service operations not covered by 20 AAC 25.285 - 20 AAC 25.287, the commission will approve alternate well control procedures and equipment, if the commission determines that the alternate procedures and equipment are adequate to ensure well control.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152

20 AAC 25.290 Operations producing hydrogen sulfide

An operator of a well or pool that produces hydrogen sulfide gas shall install, operate, and maintain surface production equipment in conformance with API RP 55, Recommended Practices for Oil and Gas Producing and Gas Processing Plant Operations Involving Hydrogen Sulfide, 2d edition, February 15, 1995, which is adopted by reference.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.110; AS 41.06.160; AS 41.06.195 AS 41.06.120; AS 41.06.175
Eff. 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

Authority: AS 41.06.120; AS 41.06.135; AS 41.06.165 AS 41.06.130; AS 41.06.150; AS 41.06.170
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; repealed 7/25/2020, Register 235) (Eff. 4/18/2026, Register 258

Article 5 Enhanced Recovery

20 AAC 25.402 Enhanced recovery operations

(a) An enhanced recovery operation involving the introduction of an extraneous form of energy into a pool by injection is prohibited, except as ordered by the commission under this section. In response to an application for injection filed by an operator, and upon the commission's determination that the requirements of this section and 20 AAC 25.412 are met, the commission will issue an order authorizing the injection of fluid that functions primarily to enhance recovery of oil and gas and is appropriate for enhanced recovery through a Class II well. Except as provided in (i) of this section, an order authorizing injection for an enhanced recovery project remains valid unless revoked by the commission.

(b) The operator has the burden of demonstrating that the proposed operation will not allow the movement of fluid into a source of freshwater. A Class II well for enhanced oil recovery or enhanced gas recovery must be cased, the casing cemented, and the well operated in a manner that will isolate the injection zone and protect oil, gas, and freshwater. If a well, including a freshwater well, or other boring located within a one-quarter mile radius of a Class II injection well, is a possible means for fluid to move into sources of freshwater and under the control of

(1) the operator, the operator shall ensure that the well or boring is properly repaired, plugged, or otherwise modified to prevent the movement of fluid into sources of freshwater; or

(2) a person other than the operator, the commission will not issue an order under (a) of this section until the operator presents evidence to the commission's satisfaction that the person who controls the well or boring has properly repaired, plugged, or otherwise modified the well or boring to prevent the movement of fluid into sources of freshwater.

(1) a plat showing the location of each proposed Class II well, abandoned or other unused well, production well, dry hole, and other well within one-quarter mile of each proposed Class II well;

(2) a list of all operators and surface owners within a one-quarter mile radius of each proposed injection well;

(3) an affidavit showing that the operators and surface owners within a one-quarter mile radius have been provided a copy of the application for injection;

(4) a full description of the particular operation for which approval is requested;

(5) the names, descriptions, and depths of the pools to be affected;

(6) the name, description, depth, and thickness of the formation into which fluid is to be injected, and appropriate geological data on the injection zone and confining zone, including lithologic descriptions and geologic names;

(7) logs of the injection wells if not already on file with the commission;

(8) a description of the proposed method for demonstrating mechanical integrity of the casing and tubing under 20 AAC 25.412 and for demonstrating that no fluid will move behind casing beyond the approved injection zone, and a description of

(A) the casing of an existing Class II well; or

(B) the proposed casing program of a new Class II well;

(9) a statement of the type of fluid to be injected, the fluid's composition, the fluid's source, the estimated maximum amounts to be injected daily, and the fluid's compatibility with the injection zone;

(10) the estimated average and maximum injection pressure;

(11) evidence to support a commission finding that each proposed Class II well will not initiate or propagate fractures through the confining zones that might enable the injection fluid or formation fluid to enter freshwater strata;

(12) a standard laboratory water analysis, or the results of another method acceptable to the commission, to determine the quality of the water within the formation into which fluid injection is proposed;

(13) a reference to any applicable freshwater exemption issued under 20 AAC 25.440;

(14) the expected incremental increase in ultimate hydrocarbon recovery; and

(15) a report on the mechanical condition of each well that has penetrated the injection zone within a one-quarter mile radius of a proposed injection well.

(d) The commission will publish notice of the enhanced recovery application and provide the opportunity for a hearing in accordance with 20 AAC 25.540.

(e) The mechanical integrity of a Class II well must be demonstrated under 20 AAC 25.412 before injection is begun and after a well workover affecting mechanical integrity is conducted. To confirm continued mechanical integrity, the operator shall monitor the injection pressure and rate and the pressure in the casing-tubing annulus during actual injection. The monitored data shall be reported monthly on the Monthly Injection Report (Form 10-406).

(f) If an injection rate, operating pressure observation, or pressure test indicates pressure communication or leakage in any casing, tubing, or packer, the operator shall notify the commission by the next working day and shall implement corrective action or increased surveillance as the commission requires to ensure protection of freshwater.

(g) The commission will require additional mechanical integrity tests, if the commission considers them prudent for conservation purposes or protection of freshwater.

(h) The commission may approve a modification to an existing or pending injection operation under 20 AAC 25.507, if the operator proves to the commission, on application containing sufficient detail for the commission to evaluate the proposed modification, that the modification will not allow the movement of fluid into sources of freshwater.

(i) If an injection operation is not begun within 24 months after the date of the order authorizing enhanced recovery, that order expires unless a letter of application for extension is approved by the commission.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 4/18/2026, Register 258

20 AAC 25.410 Injection wells

Repealed 4/2/86.

History

Authority: AS 41.06.120; AS 41.06.130 AS 41.06.125; AS 41.06.135
Eff. 4/18/2026, Register 258

20 AAC 25.412 Casing, cementing, and tubing of injection wells for enhanced recovery, disposal, and storage

(a) A well used for injection must be cased and cemented in accordance with 20 AAC 25.030 to prevent leakage into oil, gas, or freshwater sources.

(b) A well used for injection must be equipped with tubing and a packer, or with other equipment that isolates pressure to the injection interval, unless the commission approves the operator's use of alternate means to ensure that injection of fluid is limited to the injection zone. The minimum burst pressure of the tubing must exceed the maximum surface injection pressure by at least 25 percent. The packer must be placed within 200 feet measured depth above the top of the perforations, unless the commission approves a different placement depth as the commission considers appropriate given the thickness and depth of the confining zone.

(c) Before injection begins, a well must be pressure-tested to demonstrate the mechanical integrity of the tubing and packer and of the casing immediately surrounding the injection tubing string. The casing must be tested at a surface pressure of 1,500 psig or at a surface pressure of 0.25 psi/ft multiplied by the true vertical depth of the casing shoe, whichever is greater, but the casing may not be subjected to a hoop stress that will exceed 70 percent of the minimum yield strength of the casing. The test pressure must show stabilizing pressure and may not decline more than 10 percent within 30 minutes.

(d) The operator shall provide a cement quality log or other well data approved by the commission to demonstrate isolation of the injected fluids to the approved interval.

(e) At least 24 hours notice of a pressure test required by (c) of this section must be given so that a representative of the commission can witness the test.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.420 Notice of commencement and discontinuance of injection operations

(a) At least 10 days before beginning an injection operation or program, the operator shall notify the commission of the intended injection date.

(b) Within 10 days after discontinuing an injection operation or program, the operator shall notify the commission of the date of discontinuance and the reasons for it.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130 AS 41.06.125; AS 41.06.135
Eff. 4/2/86, Register 97) (Eff. 4/18/2026, Register 258

20 AAC 25.430 Enhanced recovery records

Each operator shall keep accurate records showing volumes of fluids produced, injected volumes, reservoir pressures, and injection pressures, by well and pool. Each operator shall retain these records for five years. The commission will, in its discretion, specify retention of these records for a longer time period. Upon reasonable notice, the commission must be given full access during normal business hours to all records.

History

Authority: AS 31.05.030 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.135
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152) (Eff. 4/18/2026, Register 258

20 AAC 25.432 Report of underground injection

An operator that injects fluids into subsurface strata through a service well for any purpose, other than fracturing, acidizing, or other similar treatment, shall file with the commission

(1) monthly reports that show all injected volumes and other data, by well and pool, as required by the commission on the Monthly Injection Report (Form 10-406) and, if applicable, the Facility Report of Produced Gas Disposition (Form 10-422); and

(2) an annual report that shows annual and total cumulative volumes injected and produced and other data, for each pool or injection project area within the pool, as required by the commission on the Annual Report of Injection Projects (Form 10-413); the annual report must be submitted by April 1 unless pool rules established under 20 AAC 25.520 require the report to be included with a pool-specific annual surveillance report.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.435 Identification of underground sources of drinking water

The commission may identify, by narrative description, illustration, maps, or other means, and shall protect as an underground source of drinking water, all aquifers and parts of aquifers which meet the definition of underground sources of drinking water under 20 AAC 25.990, except to the extent there is an applicable freshwater aquifer exemption under 20 AAC 25.440, or an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for carbon storage under 20 AAC 25.442. Other than an approved aquifer exemption expansion that meets the criteria under 20 AAC 25.442(d), new aquifer exemptions will not be issued for a Class VI well; a Class VI well has the meaning in 20 AAC 25.1900. Even if an aquifer has not been specifically identified by the commission, it is an "underground source of drinking water" if it meets the definition of "underground source of drinking water" in 20 AAC 25.990.

History

Authority: AS 31.05.030; AS 41.06.150; AS 41.06.185
Eff. 4/18/2026, Register 258

20 AAC 25.440 Freshwater aquifer exemption

(a) Upon receipt of a letter of application, and in accordance with (b) of this section, the commission will, in its discretion, issue an order designating a freshwater aquifer or portion of it as an exempt freshwater aquifer, if the freshwater aquifer meets the following criteria:

(1) it does not currently serve as a source of drinking water, and it cannot now and will not in the future serve as a source of drinking water because

(A) it is hydrocarbon-producing or can be demonstrated by the applicant to contain hydrocarbons that, considering their quantity and location, are expected to be commercially producible;

(B) it is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical; or

(C) it is so contaminated that recovery of water for drinking water purposes is economically or technologically impractical; or

(2) the total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l, and it is not reasonably expected to supply a public water system.

(b) To apply for exemption of a freshwater aquifer, an operator shall submit to the commission a letter of application that includes sufficient data to justify the proposal, including data to substantiate that the criteria in (a) of this section are met. The commission will provide 15 days legal notice and the opportunity for a public hearing on the matter in accordance with 20 AAC 25.540.

(c) Freshwater aquifers within the state that, as of June 19, 1986, are designated as exempt aquifers by the United States Environmental Protection Agency under 40 C.F.R. 147.102 are accepted as exempt aquifers by the commission.

(d) A commission order designating a freshwater aquifer or a portion of it as an exempt freshwater aquifer is not effective with respect to underground disposal or storage operations subject to 20 AAC 25.252 or injection operations subject to 20 AAC 25.402 until the United States Environmental Protection Agency has been provided the opportunity to review the order under 40 C.F.R. 144.7(b)(3) and has

(1) approved the order, if it was issued under (a)(1) of this section; or

(2) has allowed the applicable time period within which to disapprove the order to expire without acting on it, if the order was issued under (a)(2) of this section.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.442 Expansion to the areal extent of existing Class II aquifer exemptions for Class VI wells

(a) An owner or operator of Class II enhanced oil recovery or enhanced gas recovery well under 20. AAC 25.402 may request that the commission approve an expansion to the areal extent of an aquifer exemption already in place for a Class II enhanced oil or enhanced gas recovery well under 20 AAC 25.440 for the exclusive purpose of Class VI well injection for carbon storage under 20 AAC 25.1000 - 20 AAC 25.1900. A request under this section will be treated as a substantial revision to an approved state underground injection control program under 40 C.F.R. 145.32, and will not be final until approved by the United States Environmental Protection Agency.

(b) The owner or operator of a Class II enhanced oil recovery or enhanced gas recovery well that requests an expansion of the areal extent of an existing aquifer exemption for the exclusive purpose of Class VI injection for carbon storage shall define by narrative description, illustrations, maps, or other means, and describe in geographic or geometric terms such as vertical and lateral limits and gradients that are clear and definite, each aquifer or part thereof that the operator requests be designated as exempted using the criteria in (d) of this section.

(c) In evaluating a request to expand the areal extent of an existing aquifer exemption of a Class II enhanced oil recovery or enhanced gas recovery well for the purpose of Class VI injection, the commission will determine whether the request meets the criteria for exemption in this section. In making the determination, the commission will consider, in addition to the criteria in (d) of this section,

(1) current and potential future use of the underground sources of drinking water to be exempted as a drinking water resource;

(2) the predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may result in degradation of water quality, over the lifetime of the storage facility, as informed by computational modeling performed pursuant to 20 AAC 25.1070(c)(1) in order to ensure that the proposed injection operation will not at any time endanger underground sources of drinking water including non-exempted portions of the injection formation;

(3) whether the areal extent of the expanded aquifer exemption is of sufficient size to account for any possible revisions to the computational model during reevaluation of the area of review, under 20 AAC 25.1070(e); and

(4) any information submitted to support a waiver request made by the storage operator under 20 AAC 25.1270, if appropriate.

(d) The areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery may be expanded for the exclusive purpose of Class VI injection for carbon storage under (c) of this section if it meets the following criteria:

(1) it does not currently serve as a source of drinking water; and

(2) the total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and

(3) it is not reasonably expected to supply a public water system.

History

Authority: AS 31.05.030; AS 41.06.150 AS 41.06.105; AS 41.06.185
Eff. 4/18/2026, Register 258

20 AAC 25.444 Transitioning from a Class II well to a Class VI well

(a) An owner or operator that is injecting carbon dioxide shall apply for and obtain a storage facility permit under 20 AAC 25.1000 - 20 AAC 25.1900 when the primary purpose of injection is long-term carbon storage or there is an increased risk to underground sources of drinking water when compared to Class II operations. In determining whether there is a primary purpose of long-term carbon storage or an increased risk to underground sources of drinking water, the owner or operator shall consider the factors in (b) of this section.

(b) In addition to (a) of this section, the commission shall determine when the primary purpose of injection is long-term carbon storage or there is an increased risk to underground sources of drinking water compared to Class II operations, and a storage facility permit is required. In order to make this determination, the commission must consider the following:

(1) increase in reservoir pressure within the injection zone;

(2) increase in carbon dioxide injection rates;

(3) decrease in reservoir production rates;

(4) distance between the injection zone and underground sources of drinking water;

(5) suitability of the Class II area of review delineation;

(6) quality of abandoned well plugs within the area of review;

(7) the owner's or operator's plan for recovery of the carbon dioxide at the cessation of injection;

(8) the source and properties of the injected carbon dioxide;

(9) any additional site-specific factors determined by the commission.

History

Authority: AS 31.05.030; AS 41.06.150; AS 41.06.185
Eff. 4/18/2026, Register 258

20 AAC 25.450 Underground injection control variances

(a) If injection does not occur into, through, or above freshwater, the commission will, authorize requirements for a well or project that are less stringent than the requirements in this chapter for the radius of investigation established under 20 AAC 25.252(h) or 20 AAC 25.402(b), casing and cementing, the tubing and packer mechanical integrity, operation, monitoring, and reporting, to the extent that the commission determines that the reduction in requirements will not result in an increased risk of movement of fluids into freshwater.

(b) At the discretion of the commission, pilot projects for enhanced recovery using a technology not proved feasible under the conditions in which it is being tested may be operated with less stringent requirements for well construction, operation, monitoring, and reporting, if the project will not result in an increased risk of fluid movement into freshwater sources.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.460 Area injection orders

(a) Upon application under this section and subject to the provisions of 20 AAC 25.252 or 20 AAC 25.402, as applicable, the commission will, in its discretion, after notice and opportunity for public hearing in accordance with 20 AAC 25.540, issue an order permitting the underground injection of fluids on an area basis, rather than for each well individually, if the wells are

(1) described and identified by location in the application if they are existing wells, except that the commission will, in its discretion, accept a single description of wells with substantially the same characteristics;

(2) within the same field, facility site, reservoir, project, or similar area;

(3) operated by a single operator; and

(4) repealed 11/7/99.

(b) In the area injection order, the commission will specify

(1) the area and strata within which underground injections are authorized; and

(2) the requirements for drilling, completing, operating, monitoring, reporting, and abandoning all wells authorized by the order.

(c) In the area injection order, the commission will, in its discretion, authorize the operator to drill, complete, and operate, to convert, or to plug and abandon wells within the area if

(1) the operator files with the commission an application for a Permit to Drill (Form 10-401) or an Application for Sundry Approvals (Form 10-403), as appropriate, for commission approval before the operator starts work; and

(2) the cumulative effects of drilling and operating additional injection wells are considered by the commission during evaluation of the area injection order application and are acceptable to the commission.

(d) If the commission determines that a well drilled and operated under an area injection order does not satisfy all of the requirements of this section or an order issued under this section, the commission will take enforcement action to ensure compliance.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

Article 6 General Provisions

20 AAC 25.505 Scope of regulations

(a) 20 AAC 25.005 - 20 AAC 25.990 generally consists of statewide regulations which apply to all wells, pools, fields, and oil and gas properties, unless the commission issues an order in conformance with 20 AAC 25.540.

(b) An order issued in conformance with 20 AAC 25.540 prevails over 20 AAC 25.005 - 20 AAC 25.990 except for those regulations which govern underground injection and the protection of freshwater.

History

Authority: AS 31.05.030; AS 31.05.100; AS 41.06.120 AS 31.05.060; AS 41.06.110
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 4/18/2026, Register 258

20 AAC 25.507 Change of an approved program

(a) Except as otherwise provided by 20 AAC 25.015, if an operator desires to make a substantive change in a program or activity for which commission approval is required and has been obtained under AS 31.05 or this chapter, complete details of the well's current condition and the proposed change must be submitted to the commission with an Application for Sundry Approvals (Form 10-403). A change to an approved program or activity may not be undertaken without commission approval. The commission will condition its approval as the commission considers necessary or appropriate to ensure compliance with the standards on which the original approval was based.

(b) If operational necessity requires prompt action, oral approval of a change may be obtained from the commission. The required Application for Sundry Approvals must be submitted within three days for final approval by the commission. That application must set out the name of the person who provided approval and the date of the oral approval.

History

Authority: AS 31.05.030; AS 31.05.095
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.510 Commission seal

(a) Repealed 11/7/99.

(b) Repealed 11/7/99.

Click to view SEAL

History

Authority: AS 31.05.017; AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.515 United States government land

A person, including a federal agency, drilling for or producing oil or gas or conducting underground injection activities related to the recovery and production of oil or gas on federal land subject to the state's police powers shall comply with all applicable regulations and orders of the commission.

History

Authority: 31.05.027AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.517 Plan of reservoir development and operation

(a) Before commencement of regular production from an oil or gas pool, the operator shall submit to the commission a plan of reservoir development and operation for the pool or the portion of the pool for which development is contemplated by the operator.

(b) Unless otherwise ordered by the commission, the operator shall submit to the commission annual progress reports under the plan of reservoir development and operation. Any amendments and updates to the plan also must be submitted at least annually.

(1) the prevention of waste;

(2) the protection of correlative rights; and

(3) a greater ultimate recovery of oil and gas.

History

Authority: AS 31.05.030
Eff. 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.518 Agreements integrating interests

A voluntary agreement for the purpose of integrating interests under AS 31.05.110(a) must be filed with the commission no later than 30 days after that agreement is executed.

History

Authority: AS 31.05.030; AS 31.05.110
Eff. 11/7/99, Register 152

20 AAC 25.520 Field and pool regulation and classification

(a) Upon the motion of the commission, or the request of an affected owner or operator at any time after the discovery of oil or gas in a field or pool, the commission will hold a hearing in accordance with 20 AAC 25.540, and the commission will issue an order, based upon the evidence presented, classifying the pool as an oil or gas pool in a field and prescribing rules to govern the proposed development and operation of the pool. In the pool order, the commission will establish requirements

(1) that the commission considers necessary to prevent waste, protect freshwater, protect correlative rights, and ensure a greater ultimate recovery of oil and gas; and

(2) based on the operating and technical data presented.

(b) The commission will, in its discretion, amend pool orders in accordance with the procedures set forth in 20 AAC 25.540.

History

Authority: AS 31.05.030; AS 31.05.060; AS 31.05.100 AS 31.25.050; AS 31.05.095
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.525 Forms upon request

Repealed 4/2/86.

20 AAC 25.526 Conduct of operations

An operator shall carry on all operations and maintain the property at all times in a safe and skillful manner in accordance with good oil field engineering practices and having due regard for the preservation and conservation of the property and protection of freshwater.

History

Authority: AS 31.05.030; AS 31.05.095
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.527 General well control requirements for drilling, completion, workover, and service operations

(a) This section applies to all well drilling, completion, workover, and service operations. The requirements of this section are in addition to the applicable requirements of 20 AAC 25.033 - 20 AAC 25.036 and 20 AAC 25.285 - 20 AAC 25.288.

(b) Equipment must be in good operating condition at all times and must be protected to ensure reliable operation under the range of weather conditions that may be encountered at the well site.

(c) Well control equipment and fluids must be installed, used, maintained, and tested in a manner that ensures well control and, except as otherwise provided in this chapter, that conforms with the applicable provisions of the following documents, which are adopted by reference:

(1) API RP 5C7, Recommended Practice for Coiled Tubing Operations in Oil and Gas Well Services, 1st edition, December 1996;

(2) API RP 13B-1, Recommended Practice Standard Procedure for Field Testing Water-Based Drilling Fluids, 2d edition, September 1997;

(3) API RP 13B-2, Recommended Practice Standard Procedure for Field Testing Oil-Based Drilling Fluids, 3d edition, February 1998;

(4) API RP 49, Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide, 2d edition, April 15, 1987;

(5) API RP 53, Recommended Practices for Blowout Prevention Equipment Systems for Drilling Wells, 3d edition, March 1997;

(6) API RP 57, Recommended Practices for Offshore Well Completion, Servicing, Workover, and Plug and Abandonment Operations, 1st edition, January 15, 1986;

(7) API RP 64, Recommended Practices for Diverter Systems Equipment and Operations, 1st edition, July 1, 1991;

(8) API RP 68, Recommended Practice for Oil and Gas Well Servicing and Workover Operations Involving Hydrogen Sulfide, 1st edition, January 1998.

(d) A toolpusher, driller or functional equivalent, or person-in-charge who participates in drilling operations or in workover operations involving the installation or removal of jointed tubulars must have received formal well control training sufficient to ensure the competent performance of the person's well control duties. The commission will recognize training and certification in a drilling well control curriculum by any of the following entities as meeting the requirements of this subsection:

(1) United States Department of the Interior, Minerals Management Service;

(2) International Association of Drilling Contractors;

(3) International Well Control Forum;

(4) International Alliance for Well Control.

(e) The persons-in-charge on a drill rig floor must have the authority and responsibility to shut in the well if it starts to flow.

(f) The operator shall keep records and reports of well drilling, workover, and repair operations, including BOPE test results, in accordance with 20 AAC 25.070(1) or, in the case of wireline work or other service operations, in the daily work log, which must be made available to the commission upon request.

History

Authority: AS 31.05.030
Eff. 11/7/99, Register 152; am 4/6/2003, Register 166; am 7/25/2020, Register 235

20 AAC 25.528 Open pit storage of oil

Repealed.

History

Eff. 4/2/86, Register 97; repealed 7/25/2020, Register 235

20 AAC 25.530 Cooperative agreements with other parties

The commission will, in its discretion, from time to time enter into agreements with state and federal agencies, industry committees, or individuals, with respect to special projects, services, and studies relating to underground fluid injection and the conservation of oil and gas. If an agreement requires the commission to use procedures not covered in this chapter, the procedures necessary to carry out the intent of the agreement will be formulated and made available at the office of the commission after public notice and opportunity for public comment, in accordance with 20 AAC 25.540.

History

Authority: AS 31.05.030
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.534 Tests, surveys, and inspections

(a) As the commission considers necessary or advisable to carry out the purposes of AS 31.05 (Alaska Oil and Gas Conservation Act) and this chapter, the commission will require that tests or surveys be made to determine the

(1) quality of oil and gas produced;

(2) formation, casing, tubing, or other pressures;

(3) existence of any waste of oil, gas, or reservoir energy; or

(4) risk of fluid movement into freshwater.

(b) The commission will, in its discretion, exercise its statutory power to enter and conduct on-site investigations and inspections at reasonable times of facilities, equipment, practices, records, or operations for the purpose of ensuring compliance with the requirements of this chapter.

(c) For locations that are remote from the nearest commission office, the operator is responsible for transporting the commission inspector to and from the locations. In this section, unless the context requires otherwise, "remote" means the location cannot be accessed by a commission vehicle.

History

Authority: AS 31.05.030; AS 31.05.095
Eff. 4/2/86, Register 97; am 11/7/99, Register 152; am 7/28/2022, Register 243

20 AAC 25.535 Enforcement

(a) If the commission, as the result of an investigation or otherwise, considers that a person may have violated or failed to comply with a provision of AS 31.05, AS 41.06.105 - 41.06.210, this chapter, or a commission order, permit, or other approval, the commission will, in its discretion, take enforcement action under this section against the person.

(b) If the commission proposes to take enforcement action under this section against a person, the commission will send the person a written notification by personal service or by certified mail, return receipt requested. The commission's written notification to the person will

(1) state the nature of the apparent violation or noncompliance;

(2) summarize the reasons why the commission considers a violation or noncompliance to have occurred;

(3) state the action that the commission proposes to take under (e) of this section; and

(4) inform the person of the person's rights and liabilities under (c) - (e) of this section.

(c) Within 15 days after receipt of a notification under (b) of this section, a person may file with the commission a written response that concurs in whole or in part with a proposed commission action, requests informal review, or requests a hearing under 20 AAC 25.540. The commission will, in its discretion, extend the 15-day response period for good cause shown. If a person fails to file a timely written response, the commission will consider the person to have accepted the proposed commission action by default. If a person requests a hearing, the commission will schedule a hearing under 20 AAC 25.540.

(d) If a person requests informal review under (c) of this section, the commission will provide an opportunity for the person to submit documentary material and make a written or oral statement. The commission will then issue a proposed decision or order. A proposed decision or order becomes final 11 days after it is issued unless within 10 days after it is issued the person files a written request for a hearing, in which case the proposed decision or order is of no effect. If the person requests a hearing, the commission will schedule a hearing under 20 AAC 25.540.

(e) If a person concurs in a proposed action under (c) of this section, or after an informal review or a hearing under (c) or (d) of this section, and if the commission finds that a person has violated or failed to comply with a provision of AS 31.05 or AS 41.06.105 - 41.06.210, this chapter, or a commission order, permit, or other approval, the commission may order one or more of the following, as it determines to be applicable:

(1) corrective action or remedial work;

(2) revocation or suspension of a permit or other approval;

(3) payment under the bond required by 20 AAC 25.025 or 20 AAC 25.1200;

(4) imposition of penalties under AS 31.05.150 or AS 41.06.180.

(f) The commission's action under (e) of this section after an informal review or a hearing is not limited to what the commission proposed under (b)(3) of this section, if the person has reasonable notice and opportunity to be heard as to the commission's action.

(g) An action by the commission under this section is in addition to any action the commission may take under AS 31.05.160.

(h) If an apparent violation or noncompliance described in a notification under (b)(1) of this section relates to the underground disposal of an oil field waste or the underground storage of a liquid hydrocarbon requiring commission authorization under 20 AAC 25.252 or relates to the injection of fluid requiring commission authorization under 20 AAC 25.402 or 20 AAC 25.460, or relates to carbon storage under 20 AAC 25.1000 - 20 AAC 25.1900, a person with an interest that is or may be adversely affected may intervene in proceedings under this section.

History

Authority: AS 31.05.030; AS 31.05.060; AS 31.06.110 AS 31.05.040; AS 31.05.095; AS 31.06.180 AS 31.05.050; AS 31.05.150
Eff. 11/7/99, Register 152; am 4/18/2026, Register 258

20 AAC 25.536 Geologic data and logs

Repealed 4/2/86.

20 AAC 25.537 Public and confidential information

(a) The commission will routinely make available to the public, by means of records or reports, in its offices or elsewhere, or by means of regular publication, the following information:

(1) surface and proposed bottom-hole locations of each well after approval of the Permit to Drill (Form 10-401);

(2) total depth, bottom-hole location and well status after the Well Completion or Recompletion Report and Log (Form 10-407) is filed;

(3) all reports and information required by this chapter for development and service wells;

(4) regular production data and regular production reports, as required to be filed by the operator each month;

(5) injection data and injection reports, as required to be filed by the operator each month; and

(6) all data filed on a well as required by this chapter upon expiration of the confidential period described in (d) of this section.

(b) Engineering, geologic, geophysical, and other commercial information not required by this chapter, but voluntarily filed with the commission will be kept confidential if the person filing the information so requests. This subsection does not apply to information submitted in a public hearing under 20 AAC 25.540.

(c) In this section, "well status" means the classification of a well as oil, gas, service, suspended, shut-in, or abandoned.

(d) Except as provided by (a) of this section, the reports and information required by this chapter to be filed by the operator for exploratory and stratigraphic test wells will be kept confidential by the commission for 24 months following the 30-day filing period after well completion, suspension, or abandonment unless the operator gives written and unrestricted permission to release all of the reports and information at an earlier date. Upon notification that the commissioner of the Department of Natural Resources has made a finding that the required reports and information from a well contain significant information relating to the valuation of unleased land in the same vicinity, the commission will hold the reports and information confidential beyond the 24-month period and until notified by the commissioner of the Department of Natural Resources to release the reports and information.

(e) Notwithstanding (b) or (d) of this section, any information obtained or used by the commission in the administration of its program under 42 U.S.C. 300h-4 (Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f - 300j)

(1) will be made available to the public unless the material has been claimed confidential and has been determined by the commission to be entitled to confidential treatment; claims of confidentiality will be denied for the following:

(A) the name and address of any applicant for underground injection of fluids, and

(B) information that deals with the existence, absence, or level of contaminants in freshwater;

(2) will be made available to the United States Environmental Protection Agency upon request; if the information has been submitted to the commission under claim of confidentiality, the commission will submit that claim to the United States Environmental Protection Agency when providing the information.

History

Authority: AS 31.05.030; AS 31.05.035
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152; am 2/10/2018, Register 225

20 AAC 25.538 Naming of fields and pools

Repealed 4/2/86.

20 AAC 25.539 Emergency action

(a) The commission will, in its discretion, issue a temporary emergency order without a hearing if necessary to protect against immediate harm to public health or safety. Before issuing a temporary emergency order, the commission will attempt to communicate with the operator about the circumstances and need for a temporary order.

(b) In support of a temporary emergency order, the commission will issue a written decision describing the factual and legal basis for the action, including the necessity for acting on an emergency basis. The commission will provide the decision to the operator within 24 hours of the issuance of the order.

(1) an earlier expiration date is established in that order;

(2) the operator agrees to an extension; or

(3) within that time period the commission begins a hearing under (d) of this section, in which case that order remains in effect for an additional period not to exceed the shorter of 14 days after the date the hearing begins or three working days after the date the hearing ends; the commission will extend that period if necessary to protect against immediate harm to public health or safety.

(d) The commission will, in its discretion, make the temporary emergency order permanent or modify or extend that order after a public hearing. If the temporary emergency order constitutes an enforcement action under 20 AAC 25.535(e)(1) or (2), the procedures under 20 AAC 25.535(b)(4), (c), and (d) do not apply to a commission action under this subsection unless the operator agrees to an extension sufficient to implement those procedures. If the operator does not agree to an extension, the commission's written decision under (b) of this section satisfies the requirements of 20 AAC 25.535(a) and (b)(1) - (3). The provisions of 20 AAC 25.540 apply to a public hearing under this subsection, except that

(1) the commission will provide notice of that hearing at least 10 days before the date of that hearing; and

(2) the requirement in 20 AAC 25.540 that a person request a public hearing does not apply.

History

Authority: AS 31.05.030; AS 31.05.050; AS 31.05.095 AS 31.05.040; AS 31.05.060; AS 31.05.150
Eff. 11/7/99, Register 152

20 AAC 25.540 Hearings

(a) On its own motion or if a written request is received to issue an order affecting a single well or a single field, the commission will publish notice in an appropriate newspaper as provided in AS 31.05.050(b). In the notice, the commission will set out the essential details of the requested order, provide an opportunity for public comment, tentatively specify the place, time, and date for a public hearing, and provide a telephone number that the public may use to learn if the commission will hold the tentative hearing. The commission will tentatively set a hearing date that is at least 30 days after the date of publication of the notice. A person may submit a written protest or written comments during that 30-day period. In addition, a person may request that the tentatively scheduled hearing be held by filing a written request with the commission within 15 days after the publication date of the notice. If the commission receives a timely request for hearing, or if the commission desires to hold a hearing, the commission will hold a hearing on the date and time specified in the notice. If a request for hearing is not timely filed, the commission will, in its discretion, issue an order without a hearing.

(b) On its own motion or if a written request for a public hearing is received concerning a matter within the jurisdiction of the commission under this chapter, the commission will publish notice in an appropriate newspaper as provided in AS 31.05.050(b). In the notice, the commission will provide the essential details of the matter and set out the place for the public hearing, the date, and the time for the public hearing. The commission will set a hearing date that is at least 30 days after the date of publication.

(c) Except as otherwise provided in (e) of this section, the following procedures apply to public hearings conducted under (a) or (b) of this section:

(1) the hearing will be called to order and the subject of the hearing, along with the date and place of public notice given for the hearing, will be read into the record;

(2) the commission will receive both sworn testimony and unsworn statements; it will give greater weight in its deliberations to sworn testimony;

(3) all persons wishing to testify will be sworn;

(4) each witness shall state the witness's name and whom the witness represents;

(5) each witness who wishes to give expert testimony shall state the witness's qualifications, and the commission will rule on whether the witness qualifies as an expert;

(6) the applicant will be asked to present testimony first; all others wishing to present testimony will be heard next; upon request, the commission will, in its discretion, allow cross-examination of witnesses;

(7) a person wishing to make an oral statement will be allowed to do so after the conclusion of all testimony;

(8) the commission will, in its discretion, ask questions of a witness;

(9) except as may be allowed under (6) of this subsection, a person may not ask questions of witnesses directly; to have a question directed to a witness, a person must provide the question in writing, along with the person's name and that of the witness, to a designated commission representative; before the end of the hearing, the commission will review these questions and ask those that it believes will be helpful in eliciting needed information; all questions will be included in the public record;

(10) if disclosure of otherwise confidential information is required, the commission will limit and condition disclosure to the extent necessary to comport with applicable constitutional, statutory, and common law doctrines that protect trade secrets within the meaning of AS 45.50.940 and other commercially sensitive, confidential, and proprietary information; in limiting or conditioning disclosure under this paragraph, the commission will, as necessary

(A) review confidential information in-camera; and

(B) redact commission decisions to protect confidential information;

(11) the hearing will be recorded and the recording included in the public record of the hearing;

(12) the commission will, in its discretion, allow pre-filed written testimony in place of or in addition to oral testimony.

(d) The commission will hold hearings on matters of statewide or general application under the applicable provisions of AS 44.62.

(e) In a hearing under 20 AAC 25.535, a party may be represented by counsel, call and examine witnesses, present relevant evidence unless unduly cumulative or repetitious, cross-examine witnesses, impeach witnesses, and rebut adverse evidence. The commission will base its decision with respect to contested issues of fact only on evidence presented during the hearing. The commission will establish a reasonable date before the hearing by which the commission will and each party must provide

(1) the names and addresses of persons known to have knowledge of relevant facts and, unless privileged,

(A) written or recorded statements by those persons; or

(B) summaries of statements by those persons;

(2) the name, address, and qualifications of each expert who will testify at the hearing, and a written description of the substance of the expert's proposed testimony, the expert's opinion, and the underlying basis of that opinion; and

(3) a copy of all documents and a description of all other tangible things intended to be used in the hearing.

(f) By means of a pre-hearing conference or otherwise, the commission will, in its discretion, establish additional procedures for a specific hearing consistent with the procedures in (c) or (e) of this section, as applicable, or as otherwise necessary to provide due process to a party.

History

Authority: AS 31.05.030; AS 31.05.050; AS 31.05.070 AS 31.05.040; AS 31.05.060
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.545 Public mailing lists

Public mailing lists will be maintained by the commission for the purpose of sending appropriate notices, orders, and publications to persons who request to be put on these lists.

History

Authority: AS 31.05.030; AS 31.05.050 AS 31.05.035; AS 31.05.060
Eff. 4/13/80, Register 74

20 AAC 25.550 Oaths

Each member of the commission has the power to administer oaths to witnesses in any hearing, investigation, or proceeding conducted under AS 31.05 and this chapter.

History

Authority: AS 31.05.030; AS 31.05.070
Eff. 4/13/80, Register 74

20 AAC 25.555 Orders

Repealed 4/2/86.

20 AAC 25.556 Orders

(a) Orders of the commission require approval of at least two commissioners.

(b) Unless otherwise indicated in the order, each conservation order issued by the commission expires two years after activities authorized in that order cease.

(c) Unless otherwise indicated in the order, each enhanced recovery, area, storage, and disposal injection order issued by the commission expires

(1) two years after the date the order was adopted, if the operator has not commenced the injection operations authorized in the order; or

(2) two years after injection operations authorized in that order conclude.

(d) Upon proper application, or its own motion, and unless notice and public hearing are otherwise required, the commission may administratively waive or amend the requirements of any order issued by the commission if the change does not promote waste or jeopardize correlative rights, is based on sound engineering and geoscience principles, and will not result in an increased risk of fluid movement into freshwater aquifers.

(e) An order under 20 AAC 25.1040 establishing a preapplication fee will not have an expiration date unless explicitly ordered by the commission.

History

Authority: AS 31.05.011; AS 31.05.040 AS 31.05.030; AS 41.06.120
Eff. 11/7/99, Register 152; am 2/10/2018, Register 225; am 4/18/2026, Register 258

20 AAC 25.557 Subpoenas

(a) The commission will, in its discretion, issue subpoenas.

(b) Upon a written request, the commission will, in the commission's discretion, issue a subpoena for the production of books, records, papers, or other documents of any sort. The applicant must establish a proper relation to the matter, and must show the relevance of the evidence sought and the facts expected to be proved by that evidence.

(c) Upon a written request, the commission will, in the commission's discretion, issue a subpoena requiring the attendance of a witness for the purpose of taking oral testimony before the commission. The applicant must establish a proper relation to the matter and give the name and address of the desired witness.

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.070
Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

20 AAC 25.560 Time

If AS 31.05 or this chapter requires or permits a person to file or submit a document with the commission, the document is considered filed or submitted when it is received in the commission's office.

History

Authority: AS 31.05.030; AS 31.05.035; AS 31.05.040
Eff. 11/7/99, Register 152

20 AAC 25.565 Plans submitted under AS 31.05.030(i)

(a) A written plan submitted under AS 31.05.030(i) must include an original and three copies of the following material:

(1) the identification of the lessee submitting the plan;

(2) the identification of the field covered by the plan;

(3) a general timetable and description of planned development activities;

(4) a general timetable and description of expected hiring and contracting decisions in connection with the development of the field;

(5) a detailed description of the best efforts that the lessee voluntarily agrees to use to employ residents of the state, consistent with law, and to contract with firms in the state for work in connection with the development of the field, including the fabrication and installation of required facilities, whenever feasible;

(6) the date the plan is submitted; and

(7) the lessee's certification of its voluntary agreement to use its best efforts as set out in the plan, including the name, title, and signature of the individual executing the certification on behalf of the lessee, which person must be authorized to bind the lessee.

(b) Upon receipt of a plan meeting the requirements of (a) of this section, the commission will promptly schedule a public hearing on the plan and give public notice of the hearing in accordance with AS 31.05.050(b). The hearing will be scheduled at least 10 days after the date of the public notice. The provisions of 20 AAC 25.540 do not apply to a hearing held under this section.

(1) "development" means all steps taken in the search for and the exploration, capture, and production of oil or gas;

(2) "firm in the state" means a firm or contractor that

(A) has held an Alaska business license for the preceding six months;

(B) maintains, and has maintained for the preceding six months, a place of business in the state that competently and professionally deals in supplies, services, or construction of the nature required for work in connection with development of an oil or gas field; and

(i) a sole proprietorship and the proprietor is an Alaska resident;

(ii) a partnership and more than 50 percent of the partnership interest is held by Alaska residents;

(iii) a limited liability company and more than 50 percent of the membership interest is held by Alaska residents;

(iv) a corporation that has been incorporated in the state or is authorized to do business in the state; or

(v) a joint venture and a majority of the venturers qualify as firms in the state under this paragraph.

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.060
Eff. 12/1/99, Register 152

20 AAC 25.570 Definitions

Repealed.

History

Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 1/1/95, Register 132; repealed 11/7/99, Register 152

20 AAC 25.605 Calculation of regulatory cost charges

(a) The formula for determining a person's regulatory cost charge under AS 31.05.093 is

RCC =VOP/VTOT*(A-L)

where

RCC = the regulatory cost charge;

VOP = the total volume of oil and gas produced from, and oil, gas, water, and other fluids injected into, during the most recently concluded calendar year, wells for which a Permit to Drill has been issued under AS 31.05.090, of which the person is the operator on the first day of the fiscal year, and that have not before that day been plugged and abandoned and reported as abandoned in accordance with this chapter;

VTOT = the total volume of oil and gas produced from, and oil, gas, water, and other fluids injected into, during the most recently concluded calendar year, all wells for which a Permit to Drill has been issued under AS 31.05.090 and that have not before the first day of the fiscal year been plugged and abandoned and reported as abandoned in accordance with this chapter;

A = the appropriation, other than from federal receipts, made for the operating costs of the commission for the fiscal year;

L = the lapsed amount of a previous appropriation that is appropriated for the fiscal year under AS 31.05.093(d).

(b) For purposes of calculating regulatory cost charges, volumes of fluids produced from or injected into wells consist of the applicable volumes reported to the commission under 20 AAC 25.230(b) and 20 AAC 25.432, except that

(1) if an operator has failed to report a volume as required, if two or more reported volumes are inconsistent, or if the commission determines that a reported volume is otherwise unreliable, the commission will, in its discretion, calculate or estimate volumes as it considers appropriate;

(2) the commission will, in its discretion, add the volume of a substantial spill or other release of oil or gas that is not included in a report under 20 AAC 25.230(b) or 20 AAC 25.432.

(c) For purposes of AS 31.05.093(a) and this chapter, a well is considered plugged and abandoned and reported as abandoned in accordance with this chapter if the well has been abandoned in accordance with 20 AAC 25.105 and 20 AAC 25.112 and a complete well record for the well, including a description of plugging operations, on a Well Completion or Recompletion Report and Log (Form 10-407) as required by 20 AAC 25.070(3) has been filed with the commission after abandonment.

History

Authority: AS 31.05.030; AS 31.05.093
Eff. 6/4/2000, Register 154; am 4/4/2013, Register 206

20 AAC 25.610 Estimated regulatory cost charges

(a) Before determining regulatory cost charges for a fiscal year under 20 AAC 25.615, the commission will, in its discretion, establish estimated regulatory cost charges to be paid during the first quarter of the fiscal year. The amount of an estimated regulatory cost charge is one-fourth of the commission's reasonable estimate, based on information then available, of what the person's regulatory cost charge will be for that fiscal year.

(b) The commission will provide a person subject to an estimated regulatory cost charge with written notice of the amount of the charge and the payment date. The commission will set a payment date to be at least 20 days after the date of the notice. The person shall pay the estimated regulatory cost charge by the payment date.

History

Authority: AS 31.05.030; AS 31.05.093 Statutory Authority Authority: AS 41.06.120; AS 41.06.130; AS 41.06.135
Eff. 6/4/2000, Register 154) (Eff. 4/18/2026, Register 258

20 AAC 25.615 Commission's determination of regulatory cost charges

(a) After the later of the beginning of a fiscal year or the date of enactment of an appropriation for the operating costs of the commission for that fiscal year, the commission will provide to persons subject to a regulatory cost charge under AS 31.05.093 written notice of the proposed regulatory cost charges to be imposed on persons subject to regulatory cost charges for that fiscal year and the basis for the charges, in accordance with 20 AAC 25.605.

(b) Within 30 days after notice is issued under (a) of this section, a person subject to a regulatory cost charge may submit comments on, or request a revision to, the regulatory cost charges proposed by the commission. A request for a revision must be accompanied by an explanation of the basis for the requested revision. Before a hearing is held under (c) of this section, the commission will provide all persons subject to a regulatory cost charge with copies of comments and requests for revision received by the commission or with notice of the persons' right to inspect those comments and requests for revision.

(c) Within 60 days after notice is issued under (a) of this section, the commission will hold a public hearing in accordance with 20 AAC 25.540 on the proposed regulatory cost charges.

(d) Within 90 days after notice is issued under (a) of this section, the commission will issue an order determining the regulatory cost charges to be paid and the dates by which the charges must be paid. The commission will provide written notice to each person subject to a regulatory cost charge of the person's regulatory cost charge and payment dates.

(e) The commission will not determine or adjust previously determined regulatory cost charges based on fluid volume reports that are filed or amended, or on other fluid volume corrections that are made, after the deadline under (b) of this section for responding to the commission's notice of proposed regulatory cost charges, except if the commission finds that

(1) a person has grossly under-reported the person's VOP, as defined in 20 AAC 25.605(a);

(2) under-reporting as described in (1) of this subsection has caused or will cause others' regulatory cost charges to be materially excessive; and

(3) correcting the excessive regulatory cost charges is in the public interest.

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.093
Eff. 6/4/2000, Register 154

20 AAC 25.620 Payment dates for regulatory cost charges

(a) If the commission orders payment of estimated regulatory cost charges under 20 AAC 25.610, the commission will establish payment dates for regulatory cost charges during the second, third, and fourth quarters of the fiscal year. No later than each payment date, a person subject to a regulatory cost charge shall pay one-third of the difference between the person's regulatory cost charge and any estimated regulatory cost charge previously paid for the fiscal year, except that a regulatory cost charge may be prepaid, in part or in whole, at any time.

(b) If the commission does not order payment of estimated regulatory cost charges under 20 AAC 25.610, the commission will establish payment dates for regulatory cost charges during each quarter or each third of the fiscal year. No later than each payment date, a person subject to a regulatory cost charge shall pay one-fourth, if four payment dates are established, or one-third, if three payment dates are established, of the person's regulatory cost charge, except that a regulatory cost charge may be prepaid, in part or in whole, at any time.

(c) The commission will set the first payment date in a fiscal year to be at least 20 days after the date the commission provides notice under 20 AAC 25.615(d).

History

Authority: AS 31.05.030; AS 31.05.093
Eff. 6/4/2000, Register 154

20 AAC 25.625 Supplemental appropriations

In the case of regulatory cost charges based on a supplemental appropriation for a fiscal year,

(1) the commission will determine regulatory cost charges using the commission's determinations of fluid volumes and well operatorship previously made in connection with the regular appropriation for the fiscal year;

(2) in applying the formula set out in 20 AAC 25.605(a), the commission will set the variables "F" and "L" equal to zero;

(3) the commission will use the procedures set out in 20 AAC 25.615, except that the period

(A) for submitting comments or requesting a revision under 20 AAC 25.615(b) is 10 days instead of 30 days;

(B) within which a public hearing will be held under 20 AAC 25.615(c) is 20 days instead of 60 days; the commission will provide notice of that hearing at least 10 days before the date of that hearing; the 30-day notice requirement under 20 AAC 25.540 does not apply to a hearing held under this paragraph; and

(C) within which the commission will issue an order determining regulatory cost charges under 20 AAC 25.615(d) is 30 days instead of 90 days;

(4) 20 AAC 25.620 does not apply; and

(5) the commission will set the payment date for regulatory cost charges to be at least 10 days after the date the commission provides notice under 20 AAC 25.615(d).

History

Authority: AS 31.05.030; AS 31.05.040; AS 31.05.093
Eff. 6/4/2000, Register 154

20 AAC 25.630 Violations

In addition to any other available remedy for nonpayment, a person's failure timely to pay a regulatory cost charge or estimated regulatory cost charge of which the person has been provided written notice by the commission subjects the person to enforcement action under 20 AAC 25.535.

History

Authority: AS 31.05.030; AS 31.05.093; AS 31.05.150
Eff. 6/4/2000, Register 154

Article 7 Geothermal Resources

20 AAC 25.705 Authority of commission

All wells drilled in search of or in support of the recovery or production of geothermal resources must comply with the regulations contained in 20 AAC 25.705 - 20 AAC 25.740.

History

Authority: AS 41.06.005; AS 41.06.035; AS 41.06.040
Eff. 9/30/2010, Register 195

20 AAC 25.710 Applicability of regulations

Unless otherwise specified in 20 AAC 25.705 - 20 AAC 25.740, the regulations in this chapter apply to wells drilled in search of or in support of the recovery or production of geothermal resources.

History

Authority: AS 41.06.005; AS 41.06.035; AS 41.06.040
Eff. 9/30/2010, Register 195

20 AAC 25.715 Variances

Upon request of the operator for an action under 20 AAC 25.705 - 20 AAC 25.740 that has application to a single well or geothermal system, the commission may approve a variance from the commission's regulations, if

(1) the approval provides at least an equally effective means of accomplishing the requirement set out in the commission's regulation; or

(2) the commission determines that the request is more appropriate to the proposed operation than compliance with requirements of the regulation.

History

Authority: AS 41.06.005; AS 41.06.035; AS 41.06.040
Eff. 9/30/2010, Register 195

20 AAC 25.720 Calculation of regulatory cost charges for geothermal wells

(a) The formula for determining a person's regulatory cost charge under AS 41.06.055 is

RCCg = Vgop/Vgtot *(Ag - Lg)

where

RCCg = the regulatory cost charge for geothermal wells;

Vgop = the total volume of geothermal resources produced from, and all fluids and substances injected into, during the most recently concluded calendar year, wells for which a Permit to Drill has been issued under AS 41.06.050, of which the person is the operator on the first day of the fiscal year, and that have not before that day been plugged and abandoned and reported as abandoned in accordance with this chapter;

Vgtot = the total volume of geothermal resources produced from, and all fluids and substances injected into, during the most recently concluded calendar year, all wells for which a Permit to Drill has been issued under AS 41.06.050 and that have not before the first day of the fiscal year been plugged and abandoned and reported as abandoned in accordance with this chapter;

Ag = the appropriation, other than from federal receipts, made for the operating costs related to activities under AS 41.06 of the commission for the fiscal year;

Lg = the lapsed amount of a previous appropriation that is appropriated for the fiscal year under AS 41.06.055(d).

(b) For purposes of calculating regulatory cost charges, volumes of geothermal resources produced from or injected into wells consist of the applicable volumes reported to the commission under 20 AAC 25.230(b) and 20 AAC 25.432, except that

(1) if an operator has failed to report a volume as required, if two or more reported volumes are inconsistent, or if the commission determines that a reported volume is otherwise unreliable, the commission may calculate or estimate volumes as it considers appropriate;

(2) the commission may add the volume of a substantial spill or other release of geothermal resources that is not included in a report under 20 AAC 25.230(b) or 20 AAC 25.432.

(c) For purposes of determining volumes under AS 41.06.055 and 20 AAC 25.705 - 20 AAC 25.740, 9,000 cubic feet of gaseous geothermal resources has a volume that is the equivalent of one barrel of liquid geothermal resources.

(d) For purposes of AS 41.06.055(a) and 20 AAC 25.705 - 20 AAC 25.740, a well is considered plugged and abandoned and reported as abandoned in accordance with this chapter if the well has been abandoned in accordance with 20 AAC 25.105 and 20 AAC 25.112 and a complete well record for the well, including a description of plugging operations, on a Well Completion or Recompletion Report and Log (Form 10-407) as required by 20 AAC 25.070(3) has been filed with the commission after abandonment.

History

Authority: AS 41.06.005; AS 41.06.040; AS 41.06.055 AS 41.06.035; AS 41.06.050
Eff. 9/30/2010, Register 195

20 AAC 25.725 Estimated regulatory cost charges for geothermal wells

(a) Before determining regulatory cost charges for a fiscal year under 20 AAC 25.730 the commission may establish estimated regulatory cost charges for geothermal wells to be paid during the first quarter of the fiscal year. The amount of an estimated regulatory cost charge for geothermal wells is one-fourth of the commission's reasonable estimate, based on information then available, of what the person's total regulatory cost charge for geothermal wells will be for that fiscal year.

(b) The commission will provide a person subject to an estimated regulatory cost charge for geothermal wells with written notice of the amount of the charge and the payment date. The commission will set a payment date to be at least 20 days after the date of the notice. The person shall pay the estimated regulatory cost charges for geothermal wells by the payment date.

History

Authority: AS 41.06.005; AS 41.06.040; AS 41.06.055 AS 41.06.035; AS 41.06.050
Eff. 9/30/2010, Register 195

20 AAC 25.730 Commission's determination of regulatory cost charges for geothermal wells

(a) After the later of the beginning of a fiscal year or the date of enactment of an appropriation for the operating costs of the commission for that fiscal year, the commission will provide to persons subject to a regulatory cost charge under AS 41.06.055 written notice of the proposed regulatory cost charges for geothermal wells to be imposed on persons subject to regulatory cost charges for geothermal wells for that fiscal year and the basis for the charges, in accordance with 20 AAC 25.720.

(b) No later than 30 days after notice is issued under (a) of this section, a person subject to a regulatory cost charge for geothermal wells may submit comments on, or request a revision to, the regulatory cost charges imposed for geothermal wells by the commission. A request for a revision must be accompanied by an explanation of the basis for the requested revision, and evidence in support of the request. Before a hearing is held under (c) of this section, the commission will provide all persons subject to a regulatory cost charge for geothermal wells with copies of comments and requests for revision received by the commission or with notice of the persons' right to inspect those comments and requests for revision.

(c) No later than 60 days after notice is issued under (a) of this section, the commission will hold a public hearing in accordance with 20 AAC 25.540 on the proposed regulatory cost charges for geothermal wells.

(d) No later than 90 days after notice is issued under (a) of this section, the commission will issue an order determining the regulatory cost charges for geothermal wells to be paid and the dates by which the charges must be paid. The commission will provide written notice to each person subject to a regulatory cost charge for geothermal wells of the person's regulatory cost charge for geothermal wells and payment dates.

(e) The commission will not determine or adjust previously determined regulatory cost charges for geothermal wells based on fluid volume reports that are filed or amended, or on other fluid volume corrections that are made, after the deadline under (b) of this section for responding to the commission's notice of proposed regulatory cost charges for geothermal wells, except if the commission finds that

(1) a person has grossly under-reported the person's Vgop, as defined in 20 AAC 25.720(a);

(2) under-reporting as described in (1) of this subsection caused or will cause others' regulatory cost charges for geothermal wells to be materially excessive; and

(3) correcting the excessive regulatory cost charges for geothermal wells is in the public interest.

History

Authority: AS 41.06.005; AS 41.06.040; AS 41.06.055 AS 41.06.035; AS 41.06.050
Eff. 9/30/2010, Register 195

20 AAC 25.735 Payment dates for regulatory cost charges for geothermal wells

(a) If the commission orders payment of estimated regulatory cost charges under 20 AAC 25.725, the commission will establish payment dates for regulatory cost charges during the second, third, and fourth quarters of the fiscal year. No later than each payment date, a person subject to a regulatory cost charge under 20 AAC 25.725 shall pay one-third of the difference between the person's regulatory cost charge for geothermal wells and any estimated regulatory cost charge previously paid for the fiscal year, except that a regulatory cost charge for geothermal wells may be prepaid, in part or in whole, at any time.

(b) If the commission does not order payment of estimated regulatory cost charges under 20 AAC 25.725, the commission will establish payment dates for regulatory cost charges during each quarter or each third of the fiscal year. No later than each payment date, a person subject to a regulatory cost charge under 20 AAC 25.750 shall pay one-fourth, if four payment dates are established, or one-third, if three payment dates are established, of the person's regulatory cost charge, except that a regulatory cost charge for geothermal wells may be prepaid, in part or in whole, at any time.

(c) The commission will set the first payment date in a fiscal year to be at least 20 days after the date the commission provides notice under 20 AAC 25.730(d).

History

Authority: AS 41.06.005; AS 41.06.040; AS 41.06.055 AS 41.06.035; AS 41.06.050
Eff. 9/30/2010, Register 195

20 AAC 25.740 Supplemental appropriations

For regulatory cost charges for geothermal wells on a supplemental appropriation for a fiscal year,

(1) the commission will determine regulatory cost charges using the commission's determinations of geothermal resources and well operatorship previously made in connection with the regular appropriation for the fiscal year;

(2) in applying the formula set out in 20 AAC 25.720(a), the commission will set the variable "Lg" equal to zero;

(3) the commission will use the procedures set out in 20 AAC 25.730, except that the period

(A) for submitting comments or requesting a revision under 20 AAC 25.730(b) is 10 days instead of 30 days;

(B) within which a public hearing will be held under 20 AAC 25.730(c) is 20 days instead of 60 days; the commission will provide notice of that hearing at least 10 days before the date of that hearing; the 30-day notice requirement under 20 AAC 25.540 does not apply to a hearing held under this paragraph; and

(C) within which the commission will issue an order determining regulatory cost charges under 20 AAC 25.730(d) is 30 days instead of 90 days;

(4) 20 AAC 25.735 does not apply; and

(5) the commission will set the payment date for regulatory cost charges to be at least 10 days after the date the commission provides notice under 20 AAC 25.730(d).

History

Authority: AS 41.06.005; AS 41.06.040; AS 41.06.055 AS 41.06.035; AS 41.06.050
Eff. 9/30/2010, Register 195

Article 8 Definitions

20 AAC 25.990 Definitions

In 20 AAC 25.005 - 20 AAC 25.990, unless the context requires otherwise,

(1) "abandon" means to plug a well in accordance with 20 AAC 25.112 and without the commission's approval of well suspension under 20 AAC 25.110;

(2) "abnormally geo-pressured strata" means subsurface zones where the pore pressure exceeds a gradient of 0.50 psi/ft;

(3) "API" means the American Petroleum Institute;

(4) "API 5K" means an API-defined BOP configuration with a rated working pressure of 5,000 psi and as described in API RP 53, adopted by reference at 20 AAC 25.527(c);

(5) "API number" means the number assigned by the commission under 20 AAC 25.040(b) for a well or well branch consistent with the API well numbering convention;

(6) "API RP" means API recommended practices;

(7) "barrel" means 42 U.S. gallons;

(8) "BHA" means bottom-hole assembly;

(9) "BOP" means blowout preventer, which is a casinghead assembly equipped with special gates or rams or other pack-offs that can be closed around the drill pipe, tubing, casing, or tools, and that completely close the top of the casing to control well pressure;

(10) "BOPE" means blowout prevention equipment;

(11) "bottom-hole location" means the subsurface point at the greatest measured penetration of a well or a well branch;

(12) "casing stub" means the remnant of a casing string when the upper portion of the casing has been cut and recovered;

(13) "commission" means the Alaska Oil and Gas Conservation Commission;

(14) "complete" means to equip and condition a well as an oil, gas, or service well so that it is capable of producing or injecting fluids; in the case of a well branch in a previously completed well, "complete" means to equip and condition a well branch so that it is capable of contributing to the well's production or injection of fluids;

(15) "completion operation" means work performed in a well after the casing and cementing of the wellbore; "completion operation" includes plugging, perforating, stimulating, testing, and equipping the well to produce or inject fluids;

(16) "conductor casing" means a casing string set before surface casing; depending on well configuration, "conductor casing" can be either the first or second string of casing set in a well and usually supports a diverter system;

(17) "day" means a calendar day;

(18) "development well" means a well drilled to a known productive pool;

(19) "displacement method" means pumping a cement slurry or other material into a well through a drillpipe or other tubular string and recovering displaced fluids on the surface;

(20) "diverter system" means an assembly of nipples, valves, and piping attached to a well's structural or conductor casing for venting a gas kick away from the drill rig;

(21) "downsqueeze method" means pumping a cement slurry or other material into a well through a drillpipe or other tubular string and forcing displaced fluids into a downhole formation;

(22) "drilling fluid" means any fluid used for the purpose of drilling a well;

(23) "drilling operations" means the penetration of ground below the setting depth of structural or conductor casing, using a drilling rig capable of performing the permitted well work, and for purposes other than setting structural or conductor casing; "drilling operations" includes the running of casing, cementing, and other downhole work performed ancillary to formation evaluation, and operations necessary to complete and equip the well so that formation fluids can be safely brought to the surface;

(24) "drilling unit" means an area of a pool

(A) established by the commission under AS 31.05.100, either by order or by regulation;

(B) to which no more than one oil or gas well may be drilled; and

(25) "exploratory well" means a well drilled to discover or to delineate a pool;

(26) "fluid" means any material or substance that flows or moves, whether in a semi-solid, liquid, sludge, gaseous, or other form or state;

(27) "freshwater" means water that

(A) has a total dissolved solids concentration of less than 10,000 mg/l, and occurs in a stratum not exempted under 20 AAC 25.440; or

(B) occurs in a stratum that serves as a source of drinking water for human consumption;

(28) "function pressure-test" means to actuate a component and demonstrate its ability to effect a pressure seal;

(29) "function-test" means to actuate a component to demonstrate its proper functioning without subjecting it to pressure;

(30) "gas well" means a well that produces predominantly gas at a gas-oil ratio over 100,000 scf/stb, unless on a pool-by-pool basis the commission establishes another ratio;

(31) "gas-oil ratio" means the cubic feet of gas, determined at 60° F and 14.65 psia, that are produced per stock tank barrel of oil produced;

(32) "injection" means the subsurface emplacement of fluid for enhanced recovery of oil or gas, disposal of oil field wastes, or underground storage of hydrocarbons;

(33) "intermediate casing" means a casing string run between the surface casing and the production casing or production liner and cemented in place to isolate abnormally geo-pressured strata, lost circulation zones, salt sections, or unstable shale sections;

(34) "junk" means debris lost in a hole; "junk" includes a lost bit, pieces of a bit, milled pieces of pipe, wrenches, or a relatively small object that impedes drilling;

(35) "landowner" has the meaning given in AS 31.05.170;

(36) "LEL" means lower explosive limit;

(37) "liner" means a string of casing that does not extend to surface but is

(A) hung inside the previous casing string, or

(B) set and cemented in place within the previous casing string;

(38) "meter curve" means a graph of the meter factor plotted against the flow rate, or of the pulse-per-unit-volume factor plotted against the flow rate, over the operating range of a meter;

(39) "meter factor" means the number obtained by dividing the gross standard volume of liquid passed through a meter, as measured by a prover during proving, by the corresponding meter-indicated volume at standard conditions;

(40) "mg/l" means milligrams per liter;

(41) "mscf" means thousand standard cubic feet;

(42) "mudline datum" means

(A) for a beach location, the plane of mean low water depth extended beneath the well site;

(B) for a location on a shifting natural island, the depth at which a horizontal plane through the toe of the island intersects the wellbore;

(D) for other offshore locations, the mudline;

(43) "multiple completion" means the completion of a well so as to permit production from more than one pool, with the production from each pool completely segregated;

(44) "offshore" means, in addition to its ordinary meaning, beach, artificial island, and shifting natural island locations;

(45) "oil well" means a well that produces predominantly oil at a gas-oil ratio of 100,000 scf/stb or lower, unless on a pool-by-pool basis the commission establishes another ratio;

(46) "operator" means an owner or a person authorized by an owner who is responsible for drilling, development, production, injection, disposal, storage, abandonment, and location clearance;

(47) "owner" has the meaning given in AS 31.05.170;

(48) "pilot gas" means gas routed to a safety flare system to maintain an ignition source;

(49) "ppm" means parts per million;

(50) "pressure-test" means to demonstrate the pressure integrity of a system without actuating its components;

(51) "production casing" means the casing installed from the wellhead to the top of or through the completion interval and cemented in place to seal off production or injection zones and water-bearing formations;

(52) "property" means a legally described tract of land, submerged or otherwise, to which a person has the right to drill, extract, remove, clean, process, and dispose of oil, gas, and associated substances;

(53) "psi" means pounds per square inch;

(54) "psia" means pounds per square inch absolute;

(55) "psi/ft" means pounds per square inch per foot, as a measure of pressure change with depth;

(56) "psig" means pounds per square inch gauge;

(57) "public water system" has the meaning given in 18 AAC 80.1990, as amended as of October 1, 1999, and as amended from time to time; 18 AAC 80.1990 is adopted by reference;

(58) "purge gas" means gas used to maintain forward flow and positive pressure in a safety flare system;

(59) "reservoir" means the same as "pool" in AS 31.05.170;

(60) "scf" means standard cubic feet;

(61) "service well" means a well used for injecting water, gas, or other fluids into a reservoir or producing formation in pressure maintenance, enhanced recovery, or storage operations, for disposing of oil field wastes, or for conducting other operations in support of oil or gas production;

(62) "shut in" means to close a well's surface, wellhead, or subsurface valves to halt flow from or into the well, with the completion interval remaining open to the tubing below the closed valves;

(63) "sidetrack operation" means a drilling operation conducted for the purpose of straightening the original hole, bypassing junk, or correcting mechanical difficulties in the original hole;

(64) "stabilizing pressure" means the pressure decline during the test shall trend toward a zero pressure differential;

(65) "standard cubic foot" has the meaning given to "cubic foot" in AS 31.05.170;

(66) "stb" means stock tank barrel;

(67) "stock tank barrel" means 42 U.S. gallons, measured at 60° F and 14.65 psia;

(68) "stratigraphic test well" means a hole drilled for the sole purpose of gaining structural or stratigraphic information to aid in exploring for oil and gas;

(69) "structural casing" means a short string of large diameter pipe that is set by driving, jetting, or drilling to support unconsolidated shallow sediments, provide hole stability for initial drilling operations, and provide anchorage for a diverter system;

(70) "surface casing" means a string of casing set and cemented in a well to prevent lost circulation while drilling deeper and to protect strata known or reasonably expected to serve as a source of drinking water for human consumption; usually "surface casing" is the first string of casing upon which BOPE is set;

(71) "suspend" means to plug a well in accordance with 20 AAC 25.110 and to reserve the option later to re-enter and

(A) redrill the well; or

(B) complete the well as an oil, gas, or service well;

(72) "tour" means a work shift in the drilling of a well;

(73) "underbalanced drilling" means drilling under conditions where the hydrostatic head of the drilling fluid column is intentionally designed to be lower than the pressure of the formation being drilled;

(74) "well"

(A) means a hole penetrating the earth, usually cased with steel pipe, and

(i) from which oil or gas, or both, or geothermal resources, is obtained or obtainable; or

(ii) that is made for the purpose of finding or obtaining oil, gas, or geothermal resources, or of supporting oil, gas, or geothermal resources production; and

(B) includes a well with multiple well branches drilled to different bottom-hole locations;

(75) "well branch" means that portion of a well drilled below the structural or conductor casing to access a given objective in a well with more than one bottom-hole location or whose bottom-hole location is being or has been changed by plugging back and redrilling; a well with multiple branches must feed into a designated primary wellbore;

(76) "working day" means a calendar day other than Saturday, Sunday, or a state holiday;

(77) "primary wellbore" means the active wellbore that is drilled from surface to the reservoir target, in which additional permitted branches are drilled; in the case of a sidetracked well, the new wellbore becomes the primary wellbore.

(78) "surface owner" means a person who holds record title to the surface of the land as an owner.

(79) "aquifer" means a geologic formation or group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring;

(80) "Class II well" has the meaning given in 20 AAC 25.252;

(81) "exempted aquifer" means an aquifer or its portion that meets the criteria in the definition of "underground source of drinking water" but which has been exempted according to the procedures in 20 AAC 25.440;

(82) "ground water" means water below the land surface in a zone of saturation;

(83) "underground source of drinking water" or "USDW" means an aquifer or its portion

(A) that supplies any public water system, or

(B) which contains a sufficient amount of ground water to supply a public water system; and

(i) currently supplies drinking water for human consumption; or

(ii) contains fewer than 10,000 milligrams per liter total dissolved solids; and

History

Authority: AS 31.05.030; AS 41.06.040 AS 41.06.035; AS 41.06.110
Eff. 11/7/99, Register 152; am 1/5/2006, Register 177; am 9/30/2010, Register 195; am 11/3/2013, Register 208; am 1/7/2015, Register 213; am 7/28/2022, Register 243; am 4/18/2026, Register 258

Article 9 Carbon Storage

20 AAC 25.1000 Authority of commission; scope of regulations

20 AAC 25.1000 - 20 AAC 25.1900 implement AS 41.06.105 - 41.06.210, the Carbon Capture, Utilization, and Storage Act as it relates to Class VI wells. Unless otherwise specified in regulation, carbon storage through a Class VI well in a storage facility is governed by 20 AAC 25.1000 - 20 AAC 25.1900; "carbon storage" and "storage facility" have the meaning given in AS 41.06.210; "Class VI well" has the meaning given in 20 AAC 25.1900.

20 AAC 25.1010 Prohibition of movement of fluid into underground sources of drinking water; emergency actions

(a) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any injection activity in a manner that allows the movement of fluid containing a contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulations under 40 C.F.R. part 142, or may otherwise adversely affect the health of persons. A storage operator bears the burden of showing the requirements of this subsection are met.

(b) If any water quality monitoring of underground sources of drinking water indicates the movement of any contaminant into an underground source of drinking water, except as authorized under 40 C.F.R. Part 146, the commission will impose additional requirements for construction, corrective action, operation, monitoring, or reporting, including closure of the injection well, as the commission determines is necessary to prevent such movement.

(c) Notwithstanding any other provision of 20 AAC 25.1000 - 20 AAC 25.1900, the commission may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground sources of drinking water may present an imminent and substantial endangerment to the health of persons.

20 AAC 25.1020 Prohibition on operation without a permit; prohibition of non-experimental Class V wells; non-applicability to hazardous waste; prohibition on area permits

(a) A person shall obtain a storage facility permit from the commission under 20 AAC 25.1080 to construct, own, or operate a storage facility. The commission will not authorize a Class VI well by rule to inject carbon dioxide.

(b) Any underground injection of carbon dioxide for carbon storage through a Class VI well in a storage facility, except as authorized by a storage facility permit issued by the commission, is prohibited. The construction of a well required to have a storage facility permit under 20 AAC 25.1170 is prohibited before the permit is issued.

(c) 20 AAC 25.1000 - 20 AAC 25.1900 do not apply to the injection of a carbon dioxide stream that is a hazardous waste as defined in 40 C.F.R. Part 146.3, Subpart A (definitions), revised as of September 29, 2025, and adopted by reference.

(d) The construction, operation, or maintenance of any non-experimental Class V geologic sequestration well is prohibited; a Class V well has the meaning given in 40 C.F.R. 144.6(e), Subpart A (classification of wells), as amended effective January 10, 2011, and adopted by reference.

(e) If applicable, any authorization by rule for an existing Class II enhanced recovery or hydrocarbon storage well shall expire upon the effective date of a Class VI permit issued under 20 AAC 25.1080, or a well plug and abandonment plan approved by the commission under 20 AAC 25.1300, or upon well conversion.

(f) The commission may not issue an area injection order for a Class VI well.

20 AAC 25.1025 Conversion to carbon storage

An owner or operator seeking to convert existing Class I, Class II, or Class V experimental wells or any other well authorized by 20 AAC 25.005 to Class VI carbon storage wells must demonstrate to the commission that the wells were engineered and constructed to meet the requirements at 20 AAC 25.1210(a) and ensure protection of underground sources of drinking water, in lieu of requirements at 20 AAC 25.1210(b) and 20 AAC 25.1220(a)(1) - (5). A converted well must still meet all other requirements under 20 AAC 25.1000 - 20 AAC 25.1900. For the purpose of this section, "Class I" well has the meaning given in 40 C.F.R. 144.6, Subpart A (classification of wells), revised January 10, 2011, and adopted by reference, and "Class II" has the meaning given in 20 AAC 25.252.

20 AAC 25.1030 Storage facility permit; format; signatures

(a) The storage operator of a proposed storage facility shall apply to the commission for a storage facility permit in a format required by the commission.

(b) The owner of the proposed storage facility must submit the application for a permit; except that when a facility is owned by a person, but operated by another, it is the operator's duty to apply for a storage facility permit.

(c) The commission will only begin processing an application for a storage facility permit when the storage operator has fully complied with the application requirements for a permit.

(d) The commission shall approve the format for a storage facility permit application and associated Class VI permit and injection authorizations for injection under 20 AAC 25.1180. A permit application format approved by the commission must require the signature requirements of 40 C.F.R Part 144.32(a) and (d), the reporting requirements of 40 C.F.R. 144.32(b), and the changes to authorization requirements of 40 C.F.R. 144.32(c) (signatories to permit applications and reports), Subpart D (authorization by permit), revised as of January 10, 2011, and adopted by reference, except that items pertaining to Class II wells are not adopted by reference.

(e) All reports required from a storage operator for a storage facility permit, or other information requested by the commission regarding a storage facility permit application, shall be signed by a person described in 40 C.F.R. 144.32(a), as adopted by reference in this section, or an authorized representative of that person; an authorized representative means a person that qualifies under 40 C.F.R. 144.32(b).

(f) If an authorization under (d) or a signature on a report under (e) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the storage facility, a new authorization that satisfies the signature requirements of this section shall be submitted to the commission before, or concurrent with, any report, information, or application required to be signed by an authorized representative.

(g) Any person signing a document under (d) or (e) of this section shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

20 AAC 25.1040 Preapplication meeting; time to apply for storage facility permit; determination of application fee

(a) A storage operator seeking a permit for a storage facility shall request a preapplication meeting under AS 41.06.120. The commission may schedule more than one meeting between the proposed applicant and commission staff. A storage operator may request that documents and other materials used in a preapplication meeting be kept confidential under 20 AAC 25.1600.

(b) A storage operator shall apply to the commission a reasonable time before storage facility construction is expected to begin or in compliance with a date determined by the commission based on pre-application contact with the storage operator.

(c) In a preapplication meeting, the commission staff and storage operator shall consider the prospective application, including the application fee under AS 41.06.120(c)(3), potential costs for application review identified in AS 41.06.120(c)(4), determination of storage reservoir capacity under AS 41.06.195, and determination of cost estimates for each phase of the proposed project under 20 AAC 25.1200, and may seek estimates of the cost of professional services required to prepare for and review the permit application. After the preapplication meeting, the commission will prepare a phased application fee and schedule that sets out the fees the commission determines under the criteria of AS 41.06.120(c)(3). This phased application fee will be finalized in cooperation with the storage operator, and the commission may issue an order under 20 AAC 25.556 that sets the phased application fee amount and schedule.

20 AAC 25.1050 Storage facility permit application; general requirements

To apply for a storage facility permit, a storage operator shall

(1) pay the nonrefundable application fee as determined by order of the commission, and the phased application fee as determined under 20 AAC 25.1040, including the costs of application review and processing under AS 41.06.120;

(2) execute financial assurances as required by the commission to incur costs covered by AS 41.06.120;

(3) submit the information required under 20 AAC 25.1080;

(4) make the demonstration of minimum criteria for siting required by 20 AAC 25.1060;

(5) identify and comply with the area of review requirements of 20 AAC 25.1070;

(6) if applicable, submit information regarding approval for an expansion of the areal extent of an existing aquifer exemption under 20 AAC 25.442;

(7) show evidence of authorization from the surface and subsurface owner to store carbon dioxide in a reservoir;

(8) if applicable, identify any commission order under AS 41.06.140 on amalgamating property interests;

(9) if applicable, identify a carbon storage exploration license or lease issued by the Department of Natural Resources under AS 38.05.705 or AS 38.05.720;

(10) comply with other requirements of 20 AAC 25.1000 - 20 AAC 25.1900.

20 AAC 25.1060 Minimum criteria for siting

(a) A storage operator shall demonstrate to the satisfaction of the commission that a Class VI well will be sited in areas with a suitable geologic system. The storage operator shall demonstrate that the geologic system comprises

(1) an injection zone of sufficient areal extent, thickness, porosity, and permeability to receive the total anticipated volume of the carbon dioxide stream;

(2) a confining zone free of transmissive faults or fractures and of sufficient areal extent and integrity to contain the injected carbon dioxide stream and displaced formation fluid and allow injection at proposed maximum pressures and volumes without initiating or propagating fractures in the confining zone.

(b) The commission may require that the storage operator identify and characterize additional zones that will impede vertical fluid movement, are free of faults and fractures that may interfere with containment, allow for pressure dissipation, and provide additional opportunities for monitoring, mitigation, and remediation.

20 AAC 25.1070 Area of review; corrective action

(a) The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon storage stream and is based on available site characterization, monitoring, and operational data.

(b) The storage operator shall prepare, maintain, and comply with a plan to delineate the area of review for a proposed storage facility, periodically reevaluate the delineation, and perform corrective action that meets the requirements of this section and is acceptable to the commission. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the storage facility permit. As a part of the permit application, the storage operator shall submit an area of review and corrective action plan that includes the following information:

(1) the method for delineating the area of review that meets the requirements of paragraph (c) of this section, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based;

(2) a description of

(A) the minimum fixed frequency, not to exceed five years, at which the storage operator proposes to reevaluate the area of review;

(B) the monitoring and operational conditions that would warrant a reevaluation of the area of review prior to the next scheduled reevaluation as determined by the minimum fixed frequency established in (b)(2)(A) of this section.

(C) how monitoring and operational data, including the injection rate and pressure, will be used to inform an area of review reevaluation; and

(D) how corrective action will be conducted to meet the requirements of paragraph (d) of this section, including what corrective action will be performed prior to injection and what, if any, portions of the area of review will have corrective action addressed on a phased basis and how the phasing will be determined; how corrective action will be adjusted if there are changes in the area of review; and how site access will be guaranteed for future corrective action.

(c) The storage operator shall perform the following actions to delineate the area of review and identify all wells that require corrective action:

(1) predict, using existing site characterization, monitoring and operational data, and computational modeling, the projected lateral and vertical migration of the carbon dioxide plume and formation fluid in the subsurface from the commencement of injection activities until the plume movement ceases, until pressure differentials sufficient to cause the movement of injected fluid or formation fluid into a underground sources of drinking water are no longer present, or until the end of a fixed time period as determined by the commission; the model must:

(A) be based on detailed geologic data collected to characterize the injection zone, confining zone, and any additional zones; and anticipated operational data, including injection pressures, rates, and total volumes over the proposed life of the storage facility;

(B) take into account any geologic heterogeneities, other discontinuities, data quality, and their possible impact on model predictions; and

(2) using methods approved by the commission, identify all penetrations, including active and abandoned wells and underground mines, in the area of review that may penetrate the confining zone; provide a description of each well's type, construction, date drilled, location, depth, record of plugging or completion, and any additional information the commission may require; and

(3) determine which abandoned wells in the area of review have been plugged in a manner that prevents the movement of carbon dioxide or other fluid that may endanger underground sources of drinking water, including use of materials compatible with the carbon dioxide stream.

(d) The storage operator shall perform corrective action on all wells in the area of review that are determined to need corrective action, using methods designed to prevent the movement of fluid into or between underground sources of drinking water, including use of materials compatible with the carbon dioxide stream, where appropriate.

(e) At the minimum fixed frequency, not to exceed five years, as specified in the area of review and corrective action plan, or when monitoring and operational conditions warrant, the storage operator shall:

(1) reevaluate the area of review in the same manner specified in (c)(1) of this section;

(2) identify all wells in the reevaluated area of review that require corrective action in the same manner specified in (c) of this section;

(3) perform corrective action on wells requiring corrective action in the reevaluated area of review in the same manner specified in (d) of this section; and

(4) submit an amended area of review and corrective action plan or demonstrate to the commission through monitoring data and modeling results that no amendment to the area of review and corrective action plan is needed; any amendments to the area of review and corrective action plan must be approved by the commission, must be incorporated into the permit, and are subject to the permit modification requirements at 20 AAC 25.1410 or 20 AAC 25.1430, as appropriate.

(f) The emergency and remedial response plan as required by 20 AAC 25.1260 and the demonstration of financial responsibility as required by 20 AAC 25.1200 must account for the area of review identified in (c)(1) of this section or the most recently evaluated area of review delineated under (e) of this section, regardless of whether or not corrective action in the area of review is phased.

(g) All modeling inputs and data used to support area of review reevaluations under (e) of this section shall be retained by the record holder and provided to the commission upon request for not less than 10 years.

20 AAC 25.1080 Storage facility permit; required Class VI well permit information

(a) Prior to the issuance of a storage facility permit authorizing the construction of a new Class VI well, or the conversion on an existing Class I, Class II, or Class V well to a Class VI well, the storage operator shall submit, and the commission shall consider the following:

(1) the information required by 40 C.F.R. 144.31 (e) (1) - (6) (application for a permit; authorization by permit), Subpart D (authorization by permit), revised as of January 10, 2011, and adopted by reference;

(2) a map showing the Class VI well for which a permit is sought and the applicable area of review consistent with 20 AAC 25.1070; within the area of review, the map must show the number or name, and location of all injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, state- or United States Environmental Protection Agency-approved subsurface cleanup sites, surface bodies of water, springs, mines, surface and subsurface, quarries, water wells, other pertinent surface features including structures intended for human occupancy, state, tribal, and territory boundaries, and roads; additionally, the map must also show faults, if known or suspected; only information of public record is required to be included on this map;

(3) information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, including:

(A) maps and cross sections of the area of review;

(B) the location, orientation, and properties of known or suspected faults or fractures that may transect the confining zone in the area of review and a determination of non-interference with containment;

(C) data on the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary pressure of the injection and confining zone, including geology or facies changes based on field data which may include geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions;

(D) geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone;

(E) information on the seismic history including the presence and depth of seismic sources and a determination that the seismicity would not interfere with containment;

(F) geologic and topographic maps and cross sections that illustrate regional geology, hydrogeology, and the geologic structure of the local area;

(4) a tabulation of all wells within the area of review which penetrate the injection or confining zone; the data must include a description of each well type, construction, date drilled, location, depth, record of plugging or completion, and any additional information required by the commission;

(5) maps and stratigraphic cross sections indicating the general vertical and lateral limits of all underground sources of drinking water, water wells, and springs within the area of review, their positions relative to the injection zone, and, where known, the direction of water movement;

(6) baseline geochemical data on subsurface formations, including all underground sources of drinking water in the area of review;

(7) proposed operating data for the proposed carbon storage site, including

(A) the average and maximum daily rate and volume or mass and total anticipated volume or mass of the carbon dioxide stream;

(B) the average and maximum injection pressure;

(D) an analysis of the chemical and physical characteristics of the carbon dioxide stream;

(8) the proposed pre-operational formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zone and confining zone that meets the requirements of 20 AAC 25.1220;

(9) the proposed stimulation program, a description of stimulation fluid to be used and a determination that stimulation will not interfere with containment;

(10) the proposed procedure to outline steps necessary to conduct injection operation;

(11) schematics or other appropriate drawings of the surface and subsurface construction details of the well;

(12) the Class VI well construction procedures that meet the requirements of 20 AAC 25.1210;

(13) the proposed area of review and corrective action plan that meets the requirements under 20 AAC 25.1070;

(14) a demonstration, satisfactory to the commission, that the storage operator meets the financial responsibility requirements under 20 AAC 25.1200;

(15) the proposed testing and monitoring plan required by 20 AAC 25.1250;

(16) the proposed Class VI well plugging plan required by 20 AAC 25.1300;

(17) the proposed post-injection site care and site closure plan required by 20 AAC 25.1310;

(18) at the commission's discretion, a demonstration of an alternative post-injection site care timeframe required by 20 AAC 25.1310(h);

(19) a proposed emergency and remedial response plan required by 20 AAC 25.1260;

(20) a list of contact information to the commission that identifies any state, tribe or territory within the area of review of the proposed storage facility based on the information provided by the map required in (a)(2) of this section;

(21) any other information required by the commission.

(b) The commission will notify in writing any state, tribe, or territory within the area of review of the proposed storage facility based on the information provided by the applicant in (a)(2) and (a)(20) of this section and pursuant to the requirements of 40 C.F.R. 145.23 (f)(13), effective January 10, 2011, and adopted by reference.

(1) the final area of review based on modeling, using data obtained during logging and test of the proposed Class VI well, and the formation as required by (c)(2) - (4), (6), (7), and (10) of this section.

(2) any relevant updates based on data obtained during logging and testing of the well and the formation required by (c)(3), (4), (6), (7), and (10) of this section, to the information on geologic structure and hydrogeologic properties of the proposed storage site and overlying foundation submitted to satisfy the requirements of (a)(3) of this section;

(3) information on the compatibility of the carbon dioxide stream with fluid in the injection zone and minerals in both the injection and confining zone, based on the results of the formation testing program, and with the materials used to construct the well;

(4) the results of the formation testing program required by (a)(8) of this section;

(5) the final Class VI well construction procedures that meet the requirements of 20 AAC 25.1210;

(6) the status of corrective action on wells in the area of review under 20 AAC 25.1070;

(7) all available logging and testing program data required by 20 AAC 25.1220;

(8) a demonstration of mechanical integrity under 20 AAC 25.1240;

(9) any updates to the proposed area of review and corrective action plan under 20 AAC 25.1070, testing and monitoring plan under 20 AAC 25.1250, Class VI well plugging plan under 20 AAC 25.1300, post-injection site care and site closure plan under 20 AAC 25.1310 or the emergency and remedial response plan submitted under 20 AAC 25.1260 as required by (a) of this section, which are necessary to address new information collected during the logging and testing of the Class VI well to be used in the storage facility and the formation as required by all paragraphs of this section and any updates to the alternative post-injection site care timeframe demonstration under 20 AAC 25.1310, if applicable, submitted under (a) of this section and which are necessary to address new information collected during the logging and test of the well and the formation as required by all paragraphs of this section; and

(10) any other information required by the commission.

(d) A storage operator seeking a waiver of the requirement to inject below the lowermost underground source of drinking water shall also refer to 20 AAC 25.1270 and submit a supplemental report as required under that section. A supplemental report is not a part of the permit application.

20 AAC 25.1085 Amalgamating property interests

If, as part of an application for a storage facility permit, a hearing is required under AS 41.06.140, the commission will provide public notice as required by AS 31.05.050(b) and to the persons identified in AS 41.06.125(b). A hearing under AS 41.06.140 will be conducted in accordance with the provisions of 20 AAC 25.540.

20 AAC 25.1100 Draft permit; fact sheet

(a) The commission may issue a draft storage facility permit when the commission determines an application under 20 AAC 25.1050 is complete, including receipt of any supplemental information required by the commission. After the commission determines that an application for a storage facility permit is complete, the commission will either prepare a draft permit or deny the application. The commission will determine the completeness of an application for a storage facility permit independently of any other permit application or permit for the same facility or activity.

(b) If the commission tentatively decides to deny an application for a storage facility permit, it will issue a notice of intent to deny. Except for a denial based on an incomplete application, a notice of intent to deny an application for a permit is a type of draft permit, and the commission will follow the procedure as any draft permit prepared under this section. If the commission's final decision is that the tentative decision to deny a permit was incorrect, the commission will withdraw the notice of intent to deny and proceed to prepare a draft permit under this section.

(1) the commission will determine the storage capacity of the proposed storage facility under 20 AAC 25.1280 and the fee to be charged to the person applying for the permit under AS 41.06.120 (a)(3) and (4); and

(2) will make the consultation required in AS 41.06.130.

(d) In addition to the findings required under AS 41.06.130, a draft permit must include all the permit conditions required under 20 AAC 25.1120, 20 AAC 25.1130, all compliance schedules under 20 AAC 25.1140, all monitoring requirements under 20 AAC 25.1250, and other conditions determined by the commission.

(e) The commission will prepare a fact sheet for each draft permit for each completed storage facility permit application under 20 AAC 25.1050. In addition to setting out the principal facts, and the significant factual, legal, methodological, and policy questions identified by the commission, a fact sheet must include, as applicable

(1) a brief description of the type of facility or activity that is the subject of the draft permit;

(2) the type and quantity of carbon dioxide that is to be injected and stored;

(3) a brief summary of the basis for the draft permit conditions including references to applicable statutes and regulations;

(4) reasons why any requested variances or alternatives to required standards do or do not appear justified;

(5) a description of the procedure for making a final decision on the draft permit, including

(A) the beginning and ending dates of the comment period under 20 AAC 25.1050 and the address where comments will be received;

(B) how to request a hearing and the nature of that hearing;

(D) the name and contact information, including a telephone number, of a person to contact for additional information;

(6) if applicable, a description of information related to a Class VI well injection depth waiver request under 20 AAC 25.1270.

(f) The commission will notify and provide a copy of the draft permit and fact sheet, or if applicable, a notice of intent to deny, to persons entitled to notice under 20 AAC 25.1150; the materials required to be publicly provided may be provided electronically and may include an electronic link to access the materials.

20 AAC 25.1120 Conditions applicable to all permits

(a) For each storage facility permit, including a draft permit under 20 AAC 25.1100, the commission will incorporate, either expressly or by reference, the conditions of this section and applicable federal or state law. If incorporated by reference, a specific citation to the applicable state regulation must be given in the permit. The storage operator shall comply with all conditions of the permit; any noncompliance constitutes a violation of the Safe Drinking Water Act, and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The storage operator shall give advance notice to the commission of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements

(b) If a storage operator wishes to continue an activity regulated by a storage facility permit after the expiration date of the permit, the storage operator shall apply for and obtain a new permit.

(c) It is not a defense for a storage operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of the permit;

(d) A storage operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit;

(e) A storage facility operator shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the storage operator to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This responsibility requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. A storage operator shall give notice to the commission as soon as possible of any planned physical alterations or additions to the storage facility.

(f) A storage facility permit may be modified, revoked and reissued, or terminated for cause under 20 AAC 25.1410. The filing of a request by the storage operator for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(g) Except as provided by AS 41.06.165; the storage facility permit does not convey any property rights of any sort, or any exclusive privilege; nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations.

(h) The storage operator shall furnish to the commission, within a time specified by the commission, any information which the commission may request to determine whether cause exists for modifying, revoking and reissuing, or terminating a storage facility permit, or to determine compliance with the permit. The storage operator shall also furnish to the commission, upon request, copies of records required to be kept by the storage facility permit.

(i) The storage operator shall allow the commission or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

(1) enter the storage facility premises where the regulated facility or activity is located or conducted or where records must be kept under the conditions of the permit;

(2) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(3) inspect at reasonable times, any facilities, equipment, including monitoring and control equipment, practices, or operations regulated or required under the permit; and

(4) sample or monitor at reasonable times, for the purposes of assuring permit compliance, or as otherwise authorized by the Safe Drinking Water Act, any substance or parameters at any location.

(j) The storage operator shall prepare, maintain, and comply with a testing and monitoring plan under 20 AAC 25.1250.

(k) The storage operator shall comply with reporting requirements under 20 AAC 25.1610.

(l) The storage operator shall obtain a Class VI well permit under 20 AAC 25.1180, and a Class VI well must meet the construction and completion requirements of 20 AAC 25.1210.

(m) The storage operator shall prepare, maintain, and comply with a Class VI well plugging plan under 20 AAC 25.1300(b).

(n) The storage operator shall establish and maintain mechanical integrity before commencing injection and shall maintain mechanical integrity under 20 AAC 25.1240.

(o) The storage operator shall prepare, maintain, and comply with the area of review and corrective action plan under 20 AAC 25.1070.

(p) The storage operator shall maintain financial responsibility under 20 AAC 25.1200.

(q) The storage operator shall maintain and comply with the postinjection and site care and facility closure plan under 20 AAC 25.1310.

20 AAC 25.1130 Establishing storage facility permit conditions

(a) In addition to the requirements of 20 AAC 25.1080 and 20 AAC 25.1020, the commission will establish additional conditions for a storage facility permit and associated Class VI well as required on a case-by-case basis to prevent the migration of fluid into underground sources of drinking water and assure compliance with the Safe Drinking Water Act and 40 C.F.R. parts 144, 145, 146, and 124 and to provide for and assure compliance with federal or state legal requirements that take effect before the commission makes a final determination to issue a storage facility permit under 20 AAC 25.1080

(b) A new storage facility permit, and to the extent allowed under 20 AAC 25.1410, a modified or revoked and reissued permit, must incorporate the requirements of this section and 20 AAC 25.1120.

(c) The conditions in this section must be incorporated into a final permit either expressly or by reference. If incorporated by reference, the commission will identify in the permit a specific citation to the applicable regulation or other requirement.

20 AAC 25.1140 Schedule of compliance

(a) As required by the commission on a case-by-case basis, the storage operator shall submit to the commission identified actions to be taken to achieve full compliance with the requirements of a storage facility permit and associated Class VI well. A schedule of compliance must require compliance as soon as possible, and in no case later than three years after the date of the storage facility permit under 20 AAC 25.1170. If the permit establishes a schedule of compliance that exceeds one year from the date of the storage facility permit under 20 AAC 25.1170, the schedule of compliance must set forth interim requirements and dates for completion; the time between interim dates must not exceed one year. If the time necessary for completion of any interim requirement is more than one year, and is not readily divisible into stages for completion, the storage facility permit must specify interim dated for the submission of reports of progress toward completion of the interim requirements and shall indicate a project completion date. The permit must require that, if the commission requires a schedule of compliance, the storage operator shall submit a progress report to the commission not later than 30 days after each interim date and the final date of completion.

(b) A storage operator shall report any noncompliance which may endanger health or the environment, including:

(1) any monitoring or other information which indicates that any contaminant may endanger underground sources of drinking water;

(2) any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

(c) A storage operator shall orally report noncompliance covered by (b) of this section to the commission within 24 hours from the time the storage operator becomes aware of the noncompliance. A storage operator shall provide a written submission to the commission within 5 days of the time the storage operator becomes aware of the non-compliance, including

(1) a description of the noncompliance and its cause;

(2) the period of noncompliance, including exact dates and times,

(3) if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

(4) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

(d) For noncompliance not covered by (b) of this section, the storage operator shall report all instances of noncompliance not reported in (c) of this section, at the time monitoring reports required by 20 AAC 25.1250 and 20 AAC 25.1610 are submitted. The reports must contain the information listed in paragraph (c) of this section,

(e) When a storage operator becomes aware that the storage operator failed to submit any relevant facts in a storage facility permit application, or submitted incorrect information in a storage facility permit application or in any report to the commission, the storage operator shall promptly submit such facts or information to the commission.

20 AAC 25.1150 Public hearing; notice; public comment

(a) The commission will hold a public hearing subject to the requirements of AS 41.06.125 and this section before issuing or denying a completed storage facility permit application or issuing a modification and revocation of a permit under 20 AAC 25.1410.

(b) The commission will give not less than 30 days' notice of a public hearing under this section and will allow not less than 30 days for public comment. The time for public comment under this subsection may end after a public hearing that is scheduled on the issue.

(c) In addition to publication of notice required by AS 31.05.050(b), the commission will provide notice and a fact sheet, permit application, and draft permit accessible by an electronic link by electronic mail or if requested by the intended recipient, by United States Postal Service mail to the persons identified in AS 41.06.125 (b), and to

(1) the storage operator;

(2) the U.S. Environmental Protection Agency, Region 10, Drinking Water program;

(3) the U.S. Environmental Protection Agency, Underground Injection Control Program;

(4) the Alaska Department of Fish and Game;

(5) the Alaska Department of Natural Resources;

(6) the Alaska Historical Commission;

(7) The Office of History and Archeology within the Alaska Department of Natural Resources;

(8) the Alaska Department of Environmental Conservation;

(9) any affected States and Indian Tribes;

(10) other appropriate governmental authorities, including any unit of local government having jurisdiction over the area covered by a proposed storage facility;

(11) the U.S. Army Corps of Engineers;

(12) federal and state agencies not listed above with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans;

(13) persons on an area notice list developed by the commission that includes persons who request in writing to be on the notice list, participants in past permit actions in the area of the proposed storage facility, and by notifying the public, through publication in newspaper of general circulation, or other written publication, including State-funded newsletters, or environmental bulletins of the opportunity to be on the notice list for an area proposed for carbon storage activities;

(14) any other federal or state agency or tribe that the commission knows has issued or is required to issue a permit for the same storage facility or carbon storage activity;

(d) A public notice issued under this section must contain the following information:

(1) the name and address of the commission processing the permit action for which notice is being given;

(2) the name and address of the storage operator, and if different, the facility or activity subject to the hearing;

(3) a brief description of the business conducted at the facility or activity described in the permit application or draft permit;

(4) a brief summary of the basis for the draft permit conditions, or findings under AS 41.06.170;

(5) the name, physical and electronic mailing address, telephone number of a person, and website link information from where an interested person may obtain documents related to the subject of the hearing, including the draft permit, the fact sheet, the application for a storage facility permit or certificate of closure, and further information concerning a permit, other information required by 40 C.F.R. 124.10(d)(1) (public notice of permit actions and public comment period), subpart A (general program requirements), revised as of June 12, 1990, and adopted by reference;

(6) a brief description of the public comment process, including the time period in which to submit public comments, the address where to submit comments by writing, through electronic mail, or online comment link, and information on how to attend and participate in a public hearing;

(7) any additional information the commission considers necessary or proper.

(e) In addition to the requirements for the contents of a public notice under (d) of this section, a public notice of hearing must contain the following information:

(1) reference to the date of previous public notice relating to the permit or storage facility;

(2) the date, time, and place of the hearing; and

(3) a brief description of the nature of the nature and purpose of the hearing, including applicable rules and procedures.

(f) During the public comment period, and at a public hearing under this section, any person may submit written or oral statements and data concerning the subject of the hearing. The commission may set reasonable limits on the time allowed for oral statements and may require the submission of statements in writing. The commission may, at the hearing, extend the time for submission of written comments. The commission will make a transcript or recording of the hearing available to the public; the commission may produce a written transcript of a hearing under this section.

(g) The commission will consider public comment in making a final decision on a storage facility permit or modification under 20 AAC 25.1410, and will issue a response when the final determination is issued that

(1) specifies which provisions, if any, of the draft permit have been changed in the final decision, and the reasons for the change;

(2) briefly describes and responds to all significant comments on the draft permit raised during the public hearing or public comment period.

(h) A response to public comments under (g) of this section will be made available to the public.

(i) Public notice and comment under this section is not required for a minor permit modification under 20 AAC 25.1430 or for a permit denial when the commission determines a permit application is incomplete.

20 AAC 25.1160 Duration; storage facility permit

(a) Upon approval of a storage facility permit, the commission will issue the permit for the operating life of the facility and the post-injection site care period specified in the permit. The commission will review each storage facility permit, including each associated Class VI well permit, not less than once every five years to determine if it should be modified, revoked and reissued, terminated, or a minor modification made as provided in this chapter. The term of a permit may not be extended by modification beyond the maximum duration specified in this subsection except as provided in (d) of this section.

(b) The commission may issue a storage facility permit for a duration that is less than the full allowable term under (a) of this section.

(c) A storage facility permit, including a Class VI well permit and authorization to inject for a Class VI well, may only be transferred, modified, revoked and reissued, terminated, or a minor modification made as provided in 20 AAC 25.1410 or, 20 AAC 25.1430, as applicable.

(d) The conditions of an expired storage facility permit may continue until the effective date of a new permit if the storage operator has submitted a timely and complete application under 20 AAC 25.1080, and the commission, through no fault of the storage operator, does not issue a new permit with an effective date on or before the expiration date of the previous permit. A permit continued under this subsection remains fully effective and enforceable. When a storage operator is not in compliance with the terms of an expiring or expired storage facility permit, the commission may

(1) initiate enforcement action, including civil penalties under AS 41.06.180;

(2) issue a notice of intent to deny the new permit; in the event of a notice of intent to deny, the storage operator must cease activities authorized by the permit, except for approved well plugging and abandonment under 20 AAC 25.1300, or be subject to enforcement action;

(3) issue a new permit consistent with the requirements and process of 20 AAC 25.1410; or

(4) take other actions authorized by AS 41.06.110 or this chapter.

20 AAC 25.1170 Storage facility permit

(a) After notice, public hearing, and consideration of public comment, and in compliance with AS 41.06, the commission may issue or deny a storage facility permit. A decision on a storage facility permit requires approval of at least two commissioners. If the commission denies a storage facility permit, it will issue a written determination of the reasons for the denial under 20 AAC 25.1150 and provide notice of denial to the storage operator and the commissioner of the department of natural resources. A denial is a final agency decision.

(b) If the commission issues a storage facility permit, and in addition to the requirements of AS 41.06.145, a final storage facility permit must

(1) contain a description of the commission's findings under AS 41.06.130(b); this description may include references to federal or state regulation that require the conditions on which the commission's findings are based;

(2) as applicable, contain a description of parameters required by AS 41.06.135;

(3) include all conditions required for a permit under 20 AAC 25.1080, 20 AAC 25.1120 and 20 AAC 25.1130;

(4) identify and require as a condition of a permit timely payment of all fees associated with permit issuance and storage facility operations, including the injection surcharge required by AS 41.06.175;

(5) for a storage facility permit located on all or part on land where a carbon lease is required, require a storage facility permit holder to maintain its status as the holder of a carbon lease issued under AS 38.05.715;

(6) for a storage facility permit located on land where a carbon lease under AS 38.05.715 is not required, evidence of the lease or other agreement between the applicant for the storage facility permit and the surface and subsurface landowner;

(7) require a storage facility permit holder to maintain required payments, including payment of the carbon storage facility injection surcharge under AS 41.06.175;

(8) any other conditions the commission may require to protect underground sources of drinking water or public health and safety.

20 AAC 25.1180 Class VI well permit; authorization to inject

(a) At the time of or following issuance of a storage facility permit under 20 AAC 25.1170, a storage operator shall obtain a permit to drill, deepen, convert, or operate, a Class VI well, or upon a demonstration of mechanical integrity under 20 AAC 25.1240, reenter a previously plugged and abandoned well for carbon storage purposes.

(b) A storage operator must submit an application to drill, deepen, convert, operate, or reenter a well to the commission in the format and with the information required by the commission.

(c) Not more than 30 days after conclusion of well drilling and completion activities, the storage operator shall submit to the commission an application to operate a Class VI well; the application shall be in a format approved by the commission and contain the information required by the commission. The application must include notice of the completion of construction in compliance with 20 AAC 25.1210. The commission may inspect or otherwise make a determination that the Class VI well is in compliance with the conditions of the permit.

(d) Injection of carbon dioxide is prohibited until construction is complete, or for a Class II well converting to carbon storage, approval by the commission of well mechanical integrity under 20 AAC 25.1240, and

(1) the storage operator has submitted a notice of completion of construction, or confirmation of well mechanical integrity as determined by the commission;

(2) the commission has approved an authorization to inject; for the purpose of this section, an authorization to inject means a commission-approved authorization to a storage operator of a Class VI well or other injection well to begin injection of carbon dioxide in approved amounts into a storage facility;

(e) An authorization to inject shall expire 12 months from the date it is issued if the injection well has not been drilled, deepened, reentered, operated or converted, unless extended by the commission at the request of the storage operator.

(f) No hearing is required for the commission to consider and approve or deny a request for an authorization to inject under a storage facility permit.

20 AAC 25.1200 Financial responsibility

(a) A storage operator shall demonstrate and maintain one of the following forms of financial responsibility satisfying the requirements of this section:

(1) trust fund;

(2) surety bond;

(3) letter of credit;

(4) insurance;

(5) self-insurance, including financial test and corporate guarantee;

(6) escrow account; or

(7) any other instrument satisfactory to the commission.

(b) Qualifying financial responsibility under this section must be sufficient to address endangerment of underground sources of drinking water and cover the cost of

(1) corrective action that meets the requirements of 20 AAC 25.1070;

(2) Class VI well plugging that meets the requirements of 20 AAC 25.1300;

(3) post injection site care and site closure that meets the requirements of 20 AAC 25.1310; and

(4) emergency and remedial response that meets the requirements of 20 AAC 25.1260.

(1) cancellation, renewal, and continuation provisions, including a prohibition on cancellation, termination, or failure to renew for other than failure to pay the financial instrument; cancellation, termination, or failure to renew may not occur and the financial instrument will remain in full force and effect in the event that on or before the date of expiration

(A) the commission deems the storage facility abandoned;

(B) the permit is terminated or revoked or a new permit is denied;

(D) the storage operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy) U.S. Code; or

(E) the amount due is paid.

(2) notice of cancellation, termination, or non-renewal by certified mail to the storage operator and the commission received not less than 120 days prior to cancellation, termination, or non-renewal;

(3) specifications on when the provider becomes liable following a notice of cancellation if there is a failure to renew with a new qualifying financial instrument, and

(4) requirements for the provider to meet a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable.

(d) If a provider cancels, terminates, or fails to renew financial responsibility under this section for failure to pay, the storage operator shall provide an alternate financial responsibility demonstration within 60 days of notice of cancellation, and if an alternate financial responsibility demonstration is not acceptable or possible, any funds from the instrument being cancelled must be released within 60 days of notification by the commission.

(e) A storage operator shall renew all financial instruments, if an instrument expires, for the entire term of the storage facility. The instrument may automatically renew if the storage operator has the option of renewal at the face amount of the expiring instrument. The automatic renewal of the instrument must, at a minimum, provide the holder with the option of renewal at the face amount of the expiring financial instrument.

(f) The qualifying financial responsibility under this section must be approved by the commission and may include more than one qualifying financial instrument for a storage facility or phase of a storage facility. In addition,

(1) the commission will require a financial responsibility demonstration for all the phases of the storage facility before issuing a storage facility permit under 20 AAC 25.1170 and

(2) the storage operator shall provide any updated information related to the storage operator's financial responsibility instruments to the commission on an annual basis, and if there are any changes, the commission will evaluate, within a reasonable time, the financial responsibility demonstration to confirm that the instrument used remain adequate for use; the storage operator shall maintain financial responsibility requirements regardless of the status of the commission's review of the financial responsibility demonstration;

(3) the commission may disapprove of the use of a financial instrument if the commission determines that it is not sufficient to meet the requirements of this section.

(g) In making the financial responsibility demonstration required by this section, the storage operator may demonstrate financial responsibility by using one or multiple qualifying financial instruments for specific phases of the carbon storage project. If a storage operator combines more than one instrument for a specific carbon storage phase, including well plugging, the combination may not include instruments that are based on financial strength or performance of the storage operator, such as self-insurance or a performance bond, but shall include other mechanisms described in (a) of this section, including trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, escrow accounts, and insurance. Financial responsibility under this subsection is demonstrated by the combination of mechanisms, rather than a single mechanism, which must provide coverage for an amount at least equal to the current cost estimate. To demonstrate financial responsibility under this subsection, a storage operator

(1) when using a third-party instrument to demonstrate financial responsibility, shall provide proof that the third-party providers either have passed financial strength requirements based on credit ratings; or have met a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable;

(2) when using certain types of third-party instruments shall establish a standby trust to enable the commission to be party to the financial responsibility agreement without the commission being the beneficiary of any funds; the standby trust fund must be used along with other financial responsibility instruments, e.g., surety bonds, letters of credit, or escrow accounts, to provide a location to place funds if needed;

(3) when using a surety bond or cash bond to satisfy its financial responsibility requirements, shall be the principal on the bond and each surety bond must be executed by a responsible surety company authorized to transact business in this state;

(4) may deposit money to an escrow account to cover financial responsibility requirements; this account must segregate funds sufficient to cover estimated costs for Class VI well carbon storage financial responsibility from other accounts and uses.

(h) A storage operator or the storage operator's guarantor may use self-insurance to demonstrate financial responsibility for a storage facility. To satisfy this requirement, the storage operator shall

(1) meet a tangible net worth of an amount approved by the commission,

(2) have a net working capital and tangible net worth each at least six times the sum of the current well plugging, post injection site care and site closure cost,

(3) have assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current well plugging, post injection site care and site closure cost, and

(4) submit a report of its bond rating and financial information annually to the commission on a date set by the commission.

(i) The storage operator shall either

(1) have a bond rating test of AAA, AA, A, or BBB as issued by Standard & Poor's or Aaa, Aa, A, or Baa as issued by Moody's; or

(2) meet all of the following five financial ratio thresholds

(A) a ratio of total liabilities to net worth less than 2.0;

(B) a ratio of current assets to current liabilities greater than 1.5;

(C) a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1;

(D) a ratio of current assets minus current liabilities to total assets greater than -0.1; and

(E) a net profit, revenues minus expenses, greater than 0.

(j) A storage operator that is unable to meet corporate financial test criteria in this section may arrange a corporate guarantee by demonstrating to the commission that its corporate parent meets the financial test requirements on its behalf. The parent's demonstration that it meets the financial test requirement is insufficient if it has not also guaranteed to fulfill the obligations for the storage operator.

(k) If a storage operator uses an insurance policy other than a self-insurance policy that meets the requirements of this section to meet its financial responsibility requirements under this section, the insurance policy must be obtained from a third-party provider.

(l) The requirement to maintain adequate financial responsibility and resources is directly enforceable regardless of whether the requirement is a condition of a storage facility permit under 20 AAC 25.1130. The storage operator shall maintain financial responsibility and resources until the commission issues a certificate of completion under 20 AAC 25.1320, although a storage operator may be released from certain financial instruments under (m) of this section.

(m) The storage operator may be released from a financial instrument if

(1) the storage operator has completed the phase of the storage facility for which the financial instrument was required and has fulfilled all its financial obligations as determined by the commission, including obtaining financial responsibility for the next phase of the storage facility, if required; or

(2) the storage operator has submitted a replacement financial instrument and received written approval from the commission accepting the new financial instrument and releasing the storage operator from the previous financial instrument; or

(3) the commission issues a certificate of completion under 20 AAC 25.1320.

(n) The storage operator shall provide to the commission a detailed written estimate, in current dollars, of the cost of performing corrective action on wells in the area of review under 20 AAC 25.1070, plugging the Class VI well under 20 AAC 25.1300, post-injection site care and site closure under 20 AAC 25.1310, and the emergency and remedial response plan under 20 AAC 25.1260. The cost estimate shall be performed for each phase of a storage facility separately; the cost estimate must be based on the costs to the commission of hiring a third party to perform the required activities. For the purposes of this subsection, a third party is a party who is not within the corporate structure of the storage operator.

(o) During the active life of the storage facility, the storage operator must adjust the cost estimate for inflation within 60 days before the anniversary date of the establishment of the financial instrument used to comply with this section and provide the adjustment to the commission. The storage operator shall also provide to the commission written updates of adjustments to the cost estimate within 60 days of any amendments to the area of review and corrective action plan under 20 AAC 25.1070, the Class VI well plugging plan under 20 AAC 25.1300, the post-injection site care and site closure plan under 20 AAC 25.1310, and the emergency and remedial response plan under 20 AAC 25.1260. In adjusting for the cost of inflation, the storage operator shall use the consumer price index for urban consumers for urban Alaska, as determined by the United States Department of Labor, Bureau of Labor Statistics, without seasonal adjustment, for December of the proceeding calendar year.

(p) The commission must approve any decrease or increase to the initial cost estimate under (n) of this section. During the active life of the storage facility, the storage operator shall revise the cost estimate not later than 60 days after the commission has approved a request to modify the area of review and corrective action plan under 20 AAC 25.1070, the Class VI well plugging plan under 20 AAC 25.1300, the post-injection site care and site closure plan under 20 AAC 25.1310, and the emergency and response plan under 20 AAC 25.1260, if the change in the plan increases the cost. If the change to the plan decreases the cost, any withdrawal of funds must be approved by the commission. Any decrease to the value of the financial assurance instrument must first be approved by the commission. The revised cost estimate shall be adjusted for inflation as specified in (o) of this section. Whenever the current cost estimate increases to an amount greater than the face amount of a financial instrument currently in use, the storage operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the commission, or obtain other financial responsibility instruments to cover the increase. Whenever the current cost estimate decreases, the face amount of the financial assurance instrument may be reduced to the amount of the current cost estimate only after the storage operator has received written approval from the commission.

(q) The storage operator shall notify the commission by certified mail or other trackable written delivery method of adverse financial conditions such as bankruptcy that may affect the ability to carry out its Class VI well plugging and post-injection site care and site closure under 20 AAC 25.1310. Notification shall occur

(1) in the event the storage operator or the third-party provider of a financial responsibility instrument is named as a debtor in a bankruptcy proceeding; the notice under this paragraph shall be made within 10 days after commencement of the bankruptcy proceeding; or

(2) by a guarantor of a corporate guarantee if the guarantor is named as debtor, as required under the terms of the corporate guarantee.

(r) A storage operator who fulfills the requirements of (a) of this section by obtaining a trust fund, surety bond, letter of credit, escrow account, or insurance policy will be deemed to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee of the institution issuing the trust fund, surety bond, letter of credit, escrow account, or insurance policy. The storage operator shall establish other financial assurance within 60 days after the event.

(s) The storage operator shall provide an adjustment of the cost estimate this section, and any amended cost estimates, to the commission within 60 days of notification by the commission, if the commission determines during the annual evaluation of the qualifying financial responsibility instrument that the most recent demonstration is no longer adequate to cover the cost of corrective action required by 20 AAC 25.1070, Class VI well plugging as required by 20 AAC 25.1300, post-injection site care and site closure as required by 20 AAC 25.1310, and emergency and remedial response as required by 20 AAC 25.1260.

(t) The commission must approve the use and length of pay-in-periods for trust funds or escrow accounts.

20 AAC 25.1210 Class VI well construction requirements

(a) A storage operator shall ensure and demonstrate to the commission that each Class VI well, including a Class II well converted to a Class VI well to use for carbon storage, is constructed and completed to

(1) prevent the movement of fluid into or between underground sources of drinking water or into any unauthorized zone;

(2) permit the use of appropriate testing devices and workover tools; and

(3) permit continuous monitoring of the annulus space between the injection tubing and long string casing.

(b) The casing and cement or other materials used in the construction of each Class VI well must have sufficient structural strength and be designed for the life of the storage facility. All well material must be compatible with fluid with which the material may be expected to come into contact and must meet or exceed standards developed for such materials by the American Petroleum Institute, ASTM International, or comparable standards acceptable to the commission. The storage operator's casing and cementing program shall be designed to prevent the movement of fluid into or between underground sources of drinking water. In order to allow the commission to determine and specify casing and cementing requirements for a Class VI well, the storage operator shall provide the following information:

(1) depth to the injection zone;

(2) injection pressure, external pressure, internal pressure, and axial loading;

(3) hole size;

(4) size and grade of all casing strings, including wall thickness, external diameter, nominal weight, length, joint specification, and construction material;

(5) corrosiveness of the carbon dioxide stream and formation fluid;

(6) down-hole temperatures;

(7) lithology of injection and confining zone or zones;

(8) type or grade of cement and cement additives; and

(9) quantity, chemical composition, and temperature of the carbon dioxide stream.

(c) In addition to the requirements of (b) of this section, the following requirements apply to the construction and mechanics of a Class VI well:

(1) the surface casing must extend through the base of the lowermost underground source of drinking water and be cemented to the surface through the use of a single or multiple strings of casing and cement;

(2) at least one long string casing, using a sufficient number of centralizers, must extend to the injection zone and must be cemented by circulating cement to the surface in one or more stages;

(3) the circulation of cement may be accomplished by staging; the commission may approve an alternative method of cementing in cases where the cement cannot be recirculated to the surface, provided the storage operator can demonstrate by using logs that the cement does not allow fluid movement behind the well bore;

(4) the cement and cement additives must be compatible with the carbon dioxide stream and formation fluid and of sufficient quality and quantity to maintain integrity over the design life of the storage facility; in demonstrating this compatibility, the integrity and location of the cement shall be verified using technology capable of evaluating cement quality radially and identifying the location of channels to ensure that underground sources of drinking water are not endangered.

(d) A storage operator shall ensure that the tubing and packer material used in the construction of each Class VI well are compatible with fluid with which the material may be expected to come into contact and must meet or exceed standards developed for such material by the American Petroleum Institute, ASTM International, or comparable standards acceptable to the commission. Accordingly, each storage operator shall inject fluid into a Class VI well through tubing with a packer set at a depth opposite a cemented interval at the location approved by the commission. To allow the commission to determine and specify requirements for tubing and packer, the storage operator shall submit the following information as part of a storage facility permit process under 20 AAC 25.1080:

(1) depth of setting;

(2) characteristics of the carbon dioxide stream, chemical content, corrosiveness, temperature, and density, and types of formation fluid;

(3) maximum proposed injection pressure;

(4) maximum proposed annular pressure;

(5) proposed injection rate, intermittent or continuous, and volume or mass of the carbon dioxide stream;

(6) size of tubing and casing; and

(7) tubing tensile, burst, and collapse strengths.

(e) Notwithstanding (b) - (d) of this section, if the commission determines that a well previously used for enhanced oil or gas recovery and related well activities and that is converted for use as a Class VI well under AS 41.06.185 and this chapter will not endanger underground sources of drinking water, the commission may exempt the storage operator from complying with the casing and cementing requirements of (b)(1) - (9) and (c) of this section and from the logging, sampling, and testing requirements of 20 AAC 25.1220.

20 AAC 25.1220 Logging, sampling, and testing before Class VI well operation

(a) During the drilling and construction of a Class VI well, the storage operator shall run appropriate logs, surveys and tests to determine or verify the depth, thickness, porosity, permeability, and lithology of, and the salinity of any formation fluid in all relevant geologic formations to ensure conformance with the Class VI well construction requirements under 20 AAC 25.1210 and to establish accurate baseline data against which future measurements may be compared. The storage operator shall submit to the commission not more than 90 days after completion, a descriptive report prepared by a knowledgeable log analyst that includes an interpretation of the results of such logs and tests. At a minimum, logs and tests under this section must include:

(1) deviation checks during drilling on all holes constructed by drilling a pilot hole which is enlarged by reaming or another method; the checks must be at sufficiently frequent intervals to determine the location of the borehole and to ensure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and

(2) before and upon installation of the surface casing

(A) resistivity, spontaneous potential, and caliper logs before the casing is installed; and

(B) a cement bond and variable density log to evaluate cement quality radially, and a temperature log after the casing is set and cemented;

(3) before and upon installation of the long string casing

(A) resistivity, spontaneous potential, porosity, caliper, gamma ray, fracture finder logs, and any other logs the commission requires for the given geology before the casing is installed; and

(B) a cement bond and variable density log, and a temperature log after the casing is set and cemented;

(4) a series of tests designed to demonstrate the internal and external mechanical integrity of injection wells, which may include:

(A) a pressure test with liquid or gas;

(B) a tracer survey such as oxygen-activation logging;

(D) a casing inspection log; and

(5) any alternative methods that provide equivalent or better information than would be provided by the tests in (a)(1) - (4) of this subsection and that are required by or approved by the commission.

(b) The storage operator shall take whole cores or sidewall cores of the injection zone and confining system and formation fluid samples from the injection zone, and shall submit to the commission a detailed report prepared by a log analyst that includes well log analyses, including well logs, core analyses, and formation fluid sample information. The commission may accept information on cores from nearby wells if the storage operator demonstrates that core retrieval is not possible and that such cores are representative of conditions at the well. The commission may require the storage operator to core other formations in the borehole.

(c) The storage operator shall record the fluid temperature, pH, conductivity, reservoir pressure, and static fluid level of the injection zone.

(d) At a minimum, the storage operator shall determine or calculate the following information concerning the injection and confining zone:

(1) fracture pressure;

(2) other physical and chemical characteristics of the injection and confining zone; and

(3) other physical and chemical characteristics of the formation fluid in the injection zone.

(e) To verify hydrogeologic characteristics of the injection zone, the storage operator shall, upon completion of a Class VI well but before operation, conduct a pressure fall-off test and

(1) a pump test; or

(2) injectivity tests.

(f) The storage operator shall provide the commission with the opportunity to witness all logging and testing required by this section. The storage operator shall submit a schedule of such activities to the commission not less than 30 days before conducting the first test and submit any changes to the schedule not less than 30 days before the next scheduled test.

20 AAC 25.1230 Class VI well operating requirements

(a) Except during stimulation, the storage operator shall ensure that injection pressure in a Class VI well does not exceed 90 percent of the fracture pressure of the injection zone so as to ensure that the injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case may injection pressure initiate fractures in the confining zone or cause the movement of injection or formation fluid that endangers underground sources of drinking water. Under 20 AAC 25.1080(a)(9), all stimulation programs must be approved by the commission as part of the storage facility permit application and incorporated into the permit.

(b) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited.

(c) The storage operator shall fill the annulus between the tubing and the long string casing with a non-corrosive fluid approved by the commission. The storage operator shall maintain on the annulus a pressure that exceeds the operating injection pressure, unless the commission determines that such requirement might harm the integrity of the well or endanger underground sources of drinking water.

(d) Other than during periods of well workover, including maintenance, approved by the commission in which the sealed tubing-casing annulus is disassembled for maintenance or corrective procedures, the storage operator shall maintain mechanical integrity as required under 20 AAC 25.1240 of the Class VI well at all times.

(e) The storage operator shall install and use:

(1) continuous recording devices to monitor the injection pressure; the rate, volume or mass, and temperature of the carbon dioxide stream; and the pressure on the annulus between the tubing and the long string casing and annulus fluid volume; and

(2) alarms and automatic surface shut-off systems or, at the discretion of the commission, down-hole shut-off systems, including automatic shut-off, or check valves, for onshore wells or, other mechanical devices that provide equivalent protection; and

(3) alarms and automatic down-hole shut-off systems for wells located offshore but within territorial waters of this state, designed to alert the operator and shut-in the well when operating parameters such as annulus pressure, injection rate, or other parameters diverge beyond permitted ranges or gradients specified in the storage facility permit.

(f) If a shutdown, including a down-hole or surface shutdown, is triggered or a loss of mechanical integrity is discovered, the storage operator must immediately investigate and identify as expeditiously as possible the cause of the shutoff. If, upon investigation, the well appears to be lacking mechanical integrity, or if monitoring required under (e) of this section otherwise indicates that the well may be lacking mechanical integrity, the storage operator must:

(1) immediately cease injection;

(2) take all steps reasonably necessary to determine whether there may have been a release of the injected carbon dioxide stream or formation fluid into any unauthorized zone;

(3) notify the commission not more than 24 hours after making the finding that the well may be lacking mechanical integrity;

(4) restore and demonstrate mechanical integrity to the satisfaction of the commission before resuming injection; and

(5) notify the commission when the storage operator expects injection to resume.

20 AAC 25.1240 Mechanical integrity

(a) A Class VI well has mechanical integrity if:

(1) there is no significant leak in the casing, tubing, or packer; and

(2) there is no significant fluid movement into underground sources of drinking water through channels adjacent to the injection well bore.

(b) To evaluate the absence of significant leaks under (a)(1) of this section, a storage operator shall, following an initial annulus pressure test, continuously monitor injection pressure, rate, injected volumes; pressure on the annulus between tubing and long-string casing; and annulus fluid volume as specified in 20 AAC 25.1230(e).

(c) At least once each year, the storage operator shall use one of the following methods to determine the absence of significant fluid movement under (a)(2) of this section:

(1) an approved tracer survey such as an oxygen-activation log; or

(2) a temperature or noise log.

(d) If required by the commission, at a frequency specified in the testing and monitoring plan required under 20 AAC 25.1250, the storage operator shall run a casing inspection log to determine the presence or absence of corrosion in the long-string casing.

(e) The commission may require any other test to evaluate mechanical integrity under (a)(1) or (a)(2) of this section. In addition, the commission may allow the use of a test to demonstrate mechanical integrity other than those listed above with the written approval of the United States Environmental Protection Agency Administrator. To obtain approval for a new mechanical integrity test, the commission will submit a written request to the administrator setting forth the proposed test and all technical data supporting its use.

(f) In conducting and evaluating the tests enumerated in this section or others to be allowed by the commission, the storage operator and the commission shall apply methods and standards generally accepted in the industry. When a storage operator reports the results of mechanical integrity tests to the commission, the storage operator shall include a description of the test and the method used. In making its evaluation, the commission will review monitoring and other test data submitted by the storage operator since the previous evaluation.

(g) The commission may require additional or alternative tests if the results presented by the storage operator under (a) through (d) of this section are not satisfactory to the commission to demonstrate that there is no significant leak in the casing, tubing, or packer, or to demonstrate that there is no significant movement of fluid into a underground sources of drinking water resulting from the injection activity as stated in (a)(1) and (2) of this section. The commission may allow the use of a test to demonstrate mechanical integrity other than those identified in this section with the written approval of the United States Environmental Protection Agency. The commission shall submit the information required for consideration by the United States Environmental Protection Agency.

(h) When the commission determines that a Class VI well lacks mechanical integrity under 20 AAC 25.1070 or this section, the commission shall give written notice of the commission's determination to the storage operator. Unless the commission requires immediate cessation, the storage operator shall cease injection into the well within 48 hours of receipt of the commission's determination. The commission may allow plugging of the well pursuant to the requirements of 20 AAC 25.1300, or require the storage operator to perform additional construction, operation, monitoring, reporting and corrective action as is necessary to prevent the movement of fluid into or between underground sources of drinking water caused by the lack of mechanical integrity. The storage operator may resume injection upon written notification from the commission that the storage operator has demonstrated mechanical integrity pursuant to this section.

20 AAC 25.1250 Testing and monitoring requirements; records of monitoring

(a) The storage operator shall prepare, maintain, and comply with a testing and monitoring plan to verify that the storage facility is operating as permitted under this chapter and is not endangering underground sources of drinking water. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The storage operator shall submit the testing and monitoring plan with the permit application, for commission approval, and shall include a description of how the storage operator will meet the requirements of this section, including accessing sites for all necessary monitoring and testing during the life of the facility. Testing and monitoring associated with a storage facility must, at a minimum, include

(1) an analysis of the carbon dioxide stream with sufficient frequency to yield data representative of its chemical and physical characteristics;

(2) the installation and use, except during well workovers as defined in 20 AAC 25.1230(d), of continuous recording devices to monitor injection pressure, rate, and volume; the pressure on the annulus between the tubing and the long string casing; and the annulus fluid volume added;

(3) the corrosion monitoring of the well materials for loss of mass, thickness, cracking, pitting, and other signs of corrosion, which must be performed on a quarterly basis to ensure that the well components meet the minimum standards for material strength and performance set forth in 20 AAC 25.1210(b) by

(A) analyzing coupons of the well construction materials placed in contact with the carbon dioxide stream;

(B) routing the carbon dioxide stream through a loop constructed with the material used in the well and inspecting the materials in the loop; or

(4) periodic monitoring of the ground water quality and geochemical changes above the confining zone that may be a result of carbon dioxide movement through the confining zone or additional identified zones including:

(A) the location and number of monitoring wells based on specific information about the storage facility, including injection rate and volume, geology, the presence of artificial penetrations, and other factors; and

(B) the monitoring frequency and spatial distribution of monitoring wells based on baseline geochemical data that has been collected under 20 AAC 25.1080 and on any modeling results in the area of review evaluation required by 20 AAC 25.1070;

(5) a demonstration of external mechanical integrity under 20 AAC 25.1240 at least once each year until the Class VI well is plugged; and, if required by the commission, a casing inspection log pursuant to the requirements of 20 AAC 25.1240. at a frequency established in the testing and monitoring plan;

(6) a pressure fall-off test at least once every five years unless more frequent testing is required by the commission based on site-specific information;

(7) testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure, e.g., the pressure front, by using

(A) direct methods in the injection zone; and,

(B) indirect methods, including seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools, unless the commission determines, based on site-specific geology, that such methods are not appropriate;

(8) any additional monitoring, as required by the commission, necessary to support, upgrade, and improve computational modeling of the area of review evaluation required under 20 AAC 25.1070.

(b) The commission may require surface air monitoring or soil gas monitoring to detect movement of carbon dioxide that could endanger underground sources of drinking water and to ensure that carbon dioxide does not escape from the storage facility. For the purposes of this subsection,

(1) the design of Class VI well surface air or soil gas monitoring must be based on potential risks to underground sources of drinking water within the area of review;

(2) the monitoring frequency and spatial distribution of surface air monitoring or soil gas monitoring must be decided using baseline data, and the monitoring plan must describe how the proposed monitoring will yield useful information on the area of review delineation under 20 AAC 25.1070.

(c) If a storage operator demonstrates to the commission that monitoring employed under 42 U.S.C 7410 and 40 C.F.R. 98.440 to 98.449, (the Clean Air Act) accomplishes the goals of (c)(1) and (2) of this section, and meets the requirements of 20 AAC 25.1610, a regulatory department that requires surface air or soil gas monitoring must approve the use of monitoring employed 40 C.F.R. 98.440 to 98.449, Subchapter C, Part 98 (definition of source category), effective December 31, 2010, and adopted by reference. If the storage operator suggests, and the commission approves, monitoring under this subsection, the commission will include compliance under this subsection as a condition of a storage facility permit and associated Class VI well. In the materials adopted by reference in this subsection; "geological sequestration" includes "carbon storage."

(d) A storage operator shall periodically review the testing and monitoring plan to incorporate monitoring data collected under this section, operational data collected under 20 AAC 25.1250, and the most recent area of review reevaluation performed under 20 AAC 25.1070. In no case shall the storage operator review the testing and monitoring plan less often than once every five years. Based on this review, the storage operator shall submit an amended testing and monitoring plan or demonstrate to the commission that no amendment to the testing and monitoring plan is needed. Any amendments to the testing and monitoring plan shall be approved by the commission, be incorporated into the permit, and subject to the permit modification requirements at 20 AAC 25.1410 or 20 AAC 25.1430. An amended plan or demonstrations shall be submitted to the commission:

(1) not more than one year after an area of review reevaluation;

(2) following any significant changes to the facility, such as the addition of monitoring wells or newly permitted injection wells within the area of review, on a schedule determined by the commission; or

(3) when required by the commission.

(e) Records of monitoring information under this section must include

(1) the date, exact place, and time of sampling or measurements;

(2) the individual who performed the sampling or measurements;

(3) the date the analyses were performed;

(4) the individual who performed the analyses;

(5) the analytical technique or method used; and

(6) the result of the analyses.

(f) All samples and measurements taken for the purpose of monitoring under this section must be representative of the monitored activity.

(g) A storage operator of a Class VI well must also maintain a quality assurance and surveillance plan for all testing and monitoring requirements of this section.

(h) A storage operator shall maintain records of monitoring information under this section as required under 20 AAC 25.1610.

20 AAC 25.1260 Emergency and remedial response

(a) As part of a storage facility permit application under 20 AAC 25.1080, the storage operator shall provide the commission with an emergency and remedial response plan that describes actions the storage operator shall take to address movement of the injection or formation fluid that may endanger underground sources of drinking water during construction of a storage facility, including an associated Class VI well, operation of a storage facility, and the post-injection site care period under 20 AAC 25.1310. The requirement to maintain and implement an approved emergency and remedial response plan is directly enforceable regardless of whether the requirement is a condition of the storage facility permit.

(b) If the storage operator obtains evidence that the injected carbon dioxide stream and associated pressure front may endanger underground sources of drinking water, the storage operator shall:

(1) immediately cease injection;

(2) take all steps reasonably necessary to identify and characterize any release;

(3) notify the commission not more than 24 hours after discovery; and

(4) implement the emergency and remedial response plan approved by the commission.

(c) The commission may allow the operator to resume injection before remediation if the storage operator demonstrates to the commission that the injection operation will not endanger underground sources of drinking water.

(d) The storage operator shall periodically review the emergency and remedial response plan developed under (a) of this section. In no case shall the storage operator review the emergency and remedial response plan less often than once every five years. Based on this review, the storage operator shall submit an amended emergency and remedial response plan or demonstrate to the commission that no amendment to the emergency and remedial response plan is needed. Any amendments to the emergency and remedial response plan must be approved by the commission, must be incorporated into the permit, and are subject to the permit modification requirements at 20 AAC 25.1410 or 20 AAC 25.1430, as appropriate. A storage operator shall submit an amended plan or demonstration that no amendment is needed

(1) within one year after an area of review reevaluation under 20 AAC 25.1070;

(2) following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the commission; or

(3) when required by the commission.

(e) An emergency and remedial response plan and any updates shall be available to the public at the storage operator's operational office or through the storage operator's publicly accessible web site.

20 AAC 25.1270 Injection depth waiver requirements

(a) In seeking a waiver of the requirement to inject below the lowermost underground source of drinking water the storage operator shall submit to the commission a supplemental report concurrent with permit application under 20 AAC 25.1080. The supplemental report must include

(1) a demonstration that the injection zone is laterally continuous, is not an underground source of drinking water, and is not hydraulically connected to underground sources of drinking water; does not outcrop; has adequate injectivity, volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluid; and has appropriate geochemistry;

(2) a demonstration that the injection zone is bounded by laterally continuous, impermeable confining units above and below the injection zone adequate to prevent fluid movement and pressure buildup outside of the injection zone; and that the confining unit is free of transmissive faults and fractures; the report must further characterize the regional fracture properties and contain a demonstration that such fractures will not interfere with injection, serve as conduits, or endanger underground sources of drinking water;

(3) a demonstration, using computational modeling, that underground sources of drinking water above and below the injection zone will not be endangered as a result of fluid movement; this modeling should be conducted in conjunction with the area of review determination as described in 20 AAC 25.1070, and is subject to requirements under 20 AAC 25.1070(c), and periodic reevaluation, as set forth in 20 AAC 25.1070(e);

(4) a demonstration of how well design and construction, in conjunction with the waiver, will ensure isolation of the injectate in lieu of requirements under 20 AAC 25.1210(a)(1) and will meet well construction requirements under 20 AAC 25.1210;

(5) a description of how the monitoring and testing and any additional plans will be tailored to the storage facility to ensure protection of underground sources of drinking water above and below the injection zone, if a waiver is granted;

(6) information on the location of all the public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; and

(7) provide any other information requested by the commission that the United States Environmental Protection Agency's Regional Administrator requires to inform the Regional Administrator's decision to issue a waiver.

(b) To assist the United States Environmental Protection Agency's Regional Administrator's decision on whether to grant a waiver of the injection depth requirements, the commission will submit to the Regional Administrator, documentation of the following:

(1) an evaluation of the following information as it relates to siting, construction, and operation of a storage facility with a waiver; including

(A) the integrity of the upper and lower confining units;

(B) the suitability of the injection zone, including lateral continuity; lack of transmissive faults and fractures or knowledge of current or planned artificial penetrations into the injection zone or formations below the injection zone;

(C) the potential capacity of the geologic formation to sequester carbon dioxide, accounting for the availability of alternative injection sites;

(D) all other site characterization data, the proposed emergency and remedial response plan, and a demonstration of financial responsibility;

(E) community needs, demands, and supply from drinking water resources;

(F) planned needs, potential or future use of underground sources of drinking water and non-underground sources of drinking water in the area;

(G) planned or permitted water, hydrocarbon, or mineral resource exploitation potential of the proposed injection formation and other formation above and below the injection zone to determine if there are any plans to drill through the formation to access resources in or beneath the proposed injection zone formation;

(H) the proposed plan for securing alternative resources or treating an underground source of drinking water formation waters in the event of contamination related to the carbon storage injection activity; and,

(I) any other applicable considerations or information requested by the commission, and any written information submitted by the Commissioner of the Department of Environmental Conservation;

(2) a summary of the commission's consultation with the Department of Environmental Conservation and any tribe having jurisdiction over lands within the area of review of a well for which a waiver is sought;

(3) any other applicable considerations or information requested by the commission.

(c) The commission will give public notice to the persons identified in 20 AAC 25.1150(c) that a waiver application has been submitted. The notice must clearly state:

(1) the depth of the proposed injection zone;

(2) the location of the Class VI well;

(3) the name and depth of all underground sources of drinking water within the area of review;

(4) a map of the area of review; the map may be provided through an electronic link;

(5) the names of any public water supplies affected, reasonably likely to be affected, or served by underground sources of drinking water in the area of review; and,

(6) the results of consultation with the Department of Environmental Conservation required under paragraph (b)(2) of this section.

(d) Following public notice, the commission will provide all information received through the waiver application process to the United States Environmental Protection Agency Regional Administrator. Based on the information provided, the Regional Administrator will provide written concurrence or non-concurrence regarding the waiver issuance. If the Regional Administrator determines that additional information is required to support a decision, the commission will request that the storage facility permit applicant provide the information. The commission will publish public notice of the new information if requested by the Regional Administrator. The commission may not issue an injection depth waiver without receipt of written concurrence from the Regional Administrator.

(e) Upon receipt of a waiver, the storage operator shall comply with:

(1) all requirements at 20 AAC 25.1070, 20 AAC 25.1200, 20 AAC 25.1230, 20 AAC 25.1240, 20 AAC 25.1610, 20 AAC 25.1300 and 20 AAC 25.1260;

(2) all requirements at 20 AAC 25.1210 with the following modified requirements;

(A) the storage operator shall ensure that a Class VI well with an injection depth waiver is constructed and completed to prevent movement of fluid into any unauthorized zones including underground sources of drinking water;

(B) the casing and cementing program shall be designed to prevent the movement of fluid into an unauthorized zone including underground sources of drinking water in lieu of the requirements of 20 AAC 25.1210;

(C) the surface casing must extend through the base of the nearest underground source of drinking water directly above the injection zone and be cemented to the surface; or, at the commission's discretion, another formation above the injection zone and below the nearest underground source of drinking water above the injection zone;

(3) all requirements at 20 AAC 25.1250, with the following modifications:

(A) the storage operator shall monitor the groundwater quality, geochemical changes, and pressure in the first underground sources of drinking water immediately above and below the injection zone; and in any other formations at the discretion of the commission;

(B) testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure, e.g., the pressure front, by using direct methods to monitor for pressure changes in the injection zone; and, indirect methods, e.g., seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools, unless the commission determines, based on site-specific geology, that such methods are not appropriate;

(4) all requirements under 20 AAC 25.1310 with the following modified post-injection site care monitoring requirements:

(A) the storage operator shall monitor the groundwater quality, geochemical changes and pressure in the first underground sources of drinking water immediately above and below the injection zone; and in any other formations at the discretion of the commission;

(B) testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure, e.g., the pressure front, by using direct methods in the injection zone; and indirect methods, including, seismic, electrical, gravity, or electromagnetic surveys or down-hole carbon dioxide detection tools, unless the commission determines based on site-specific geology, that such methods are not appropriate; and

(5) any additional requirements requested by the commission designed to ensure protection of underground sources of drinking water above and below the injection zone.

20 AAC 25.1280 Determining storage reservoir capacity

(a) Upon application to the commission, a person may request that the commission make a determination of the storage capacity of a storage reservoir under AS 41.06.195. The commission may request information necessary to make a determination under this section.

(b) The applicant shall pay a fee for a storage capacity determination under this section based on the commission's actual processing costs, including computer data processing costs, as determined by the commission. In determining the fee, the commission will maintain a record of all application processing costs. The commission will, as soon as practicable after receiving an application under this section, prepare and submit an estimate of the fee to the applicant. After the commission has made the storage capacity determination, the commission will send the applicant a final statement of the fee. The commission will not issue a determination on an application under this section until the applicant has paid the full fee.

(c) An applicant shall pay the fee established by the commission even if the applicant withdraws an application, or the commission denies the request to make a storage capacity determination. In the event of a withdrawal, the commission may reduce the fee amount to only costs incurred before the application is withdrawn but will include all costs actually incurred by the commission up to the point the application is withdrawn.

(d) Notwithstanding (a) of this section, the commission may on its own motion make a determination of the storage capacity of a reservoir.

20 AAC 25.1290 Fees

The commission will require a storage operator to pay all fees required by AS 41.06 in connection with a storage facility. Those fees include

(1) fees incurred under AS 41.06.120;

(2) fees for each metric ton of carbon dioxide injected for carbon storage under AS 41.06.160;

(3) the carbon storage facility injection surcharge under AS 41.06.175 and 20 AAC 25.1295;

(4) the fee for determination of storage reservoir capacity under AS 41.06.195 and 20 AAC 25.1280;

(5) other fees authorized by AS 41.06.

20 AAC 25.1295 Injection surcharge

The commission will establish the carbon storage facility injection surcharge for each storage facility and incorporate the surcharge into a final permit issued under 20 AAC 25.1170 for the time period required by AS 41.06.175. The injection surcharge will be adjusted annually under AS 41.06.175. A surcharge adjustment does not require a storage facility permit modification. The commission will establish in the storage facility permit the date the annual surcharge is due. The commission may require quarterly installments of the injection surcharge under this section and incorporate the installment schedule into a storage facility permit. Failure to pay the surcharge is a violation of the storage facility permit obligations, and the commission may take appropriate action.

20 AAC 25.1300 Class VI well plugging

(a) The storage operator shall, before plugging a Class VI well, flush the well with a buffer fluid, determine bottomhole reservoir pressure, and perform a final external mechanical integrity test.

(b) The storage operator shall prepare, maintain, and comply with a well plugging plan that is acceptable to the commission. The requirement to maintain and implement a commission-approved plan is directly enforceable regardless of whether the requirement is a condition of the storage facility permit. The storage operator shall submit the well plugging plan as part of the permit application and shall include the following information:

(1) appropriate tests or measures for determining bottomhole reservoir pressure;

(2) appropriate testing methods to ensure external mechanical integrity as specified in 20 AAC 25.1240;

(3) the type and number of plugs to be used;

(4) the placement of each plug, including the elevation of the top and bottom of each plug;

(5) the type, grade, and quantity of material to be used in plugging; the material must be compatible with the carbon dioxide stream; and

(6) the method of placement of the plugs.

(c) The storage operator shall notify the commission in writing pursuant to 20 AAC 25.1610, at least 60 days before plugging a Class VI well, although the commission may allow for a shorter notice period. At the time of notification under this section, the storage operator shall, if any changes have been made to the original well plugging plan submitted as part of the storage facility permit application, provide the revised well plugging plan. Any amendments to the Class VI well plugging plan must be approved by the commission, must be incorporated into the storage facility permit, and are subject to the permit modification requirements at 20 AAC 25.1410 or 20 AAC 25.1430 as appropriate.

(d) Within 60 days after plugging, the storage operator shall submit, pursuant to 20 AAC 25.1610, a plugging report to the commission. The report shall be certified as accurate by the storage operator and by the person who performed the plugging operation if other than the storage operator. The storage operator shall retain the well plugging report for not less than 10 years following project completion. Upon project completion, the storage operator shall furnish the records under this subsection to the commission.

20 AAC 25.1310 Post-injection site care; site closure; monitoring timeline

(a) A storage operator shall prepare, maintain, and comply with a plan for post-injection site care and site closure that meets the requirements of this section and is acceptable to the commission. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the storage facility permit. The storage operator shall submit the post-injection and site care and site closure plan as part of a storage facility permit application under 20 AAC 25.1080.

(b) The post-injection site care and site closure plan required under (a) of this section must include the following information:

(1) the pressure differential between pre-injection and predicted post-injection pressures in the injection zone;

(2) the predicted position of the carbon dioxide plume and associated pressure front at site closure as demonstrated in the area of review evaluation required under 20 AAC 25.1070(c)(1);

(3) a description of post-injection monitoring location, methods, and proposed frequency;

(4) a proposed schedule for submitting post-injection site care monitoring results to the commission pursuant to 20 AAC 25.1610; and,

(5) the duration of the post-injection site care timeframe and, if approved by the commission under AS 41.06.170(a)(3) and this section, the demonstration of the alternative post-injection site care timeframe that ensures non-endangerment of underground sources of drinking water.

(c) A storage operator shall specify in a post-injection site care and site closure plan which wells will be plugged and which shall remain unplugged to be used as subsurface observation wells. A subsurface observation or groundwater monitoring well as approved in the plan must remain in place for continued monitoring during the closure and post closure periods.

(d) Upon cessation of injection of carbon dioxide into a storage reservoir, but before application for a certificate of completion, the storage operator shall either submit an amended post-injection site care and site closure plan or demonstrate to the commission through monitoring data and modeling results that no amendment to the plan is needed. An amendment to the post-injection site care and site closure plan must be approved by the commission and be incorporated into the storage facility permit and is subject to the permit modification requirements of 20 AAC 25.1410 or 20 AAC 25.1430, as appropriate.

(e) At any time during the life of the storage facility, a storage operator may modify and resubmit the post-injection site care and site closure plan for the commission's approval not more than 30 days after the change.

(f) Upon cessation of injection of carbon dioxide into a storage reservoir, and before a storage operator applies for a certificate of completion under 20 AAC 25.1320, the storage operator shall monitor the site to show the position of the carbon dioxide plume and pressure front and demonstrate to the commission that underground sources of drinking water are not endangered. Following the cessation of injection, the storage operator shall continue to conduct monitoring as specified in the commission-approved post-injection site care and site closure plan for at least 50 years or for the duration of the alternative timeframe approved by the commission pursuant to requirements in (h) of this section, unless the storage operator makes a demonstration under (g) of this section. A post-injection site care plan must require the storage operator to continue monitoring the storage facility until the storage facility no longer poses a danger to underground sources of drinking water and the demonstration under (g) of this section is submitted by the storage operator and approved by the commission.

(g) Notwithstanding (f) of this section, if the storage operator demonstrates to the satisfaction of the commission before 50 years after cessation of carbon dioxide injections, or prior to the end of the approved alternative timeframe based on monitoring and other site-specific data, that the storage facility no longer poses a danger to underground sources of drinking water, the commission may approve an amendment to the post-injection site care and site closure plan to reduce the frequency of monitoring or may authorize site closure through a certificate of completion under 20 AAC 25.1320 before the end of the 50-year period or before the end of the approved alternative timeframe, if the commission finds substantial evidence that the storage facility no longer poses a risk to underground sources of drinking water. If the commission does not approve the demonstration, the storage operator shall submit to the commission a plan to continue post-injection site care until a demonstration can be made and approved by the commission.

(h) The commission may approve, in consultation with the United States Environmental Protection Agency, an alternative post-injection site care timeframe other than the 50-year default under AS 41.06.170(a)(3), if a storage operator demonstrates during the permitting process under 20 AAC 25.1080 that an alternative post-injection site care timeframe is appropriate and ensures non-endangerment of underground sources of drinking water. The demonstration must be based on significant, site-specific data and information including all data and information collected pursuant to 20 AAC 25.1080 and 20 AAC 25.1060 and must contain substantial evidence that the storage facility will no longer pose a risk to underground sources of drinking water at the end of the alternative post-injection site care timeframe. A demonstration of an alternative post-injection site care timeframe must include consideration and documentation of

(1) the results of computational modeling performed pursuant to delineation of the area of review under 20 AAC 25.1070;

(2) the predicted timeframe for pressure decline within the injection zone, and any other zones, such that formation fluid may not be forced into an underground source of drinking water; or the timeframe for pressure decline to pre-injection pressures;

(3) the predicted rate of carbon dioxide plume migration within the injection zone, and the predicted timeframe for the cessation of migration;

(4) a description of the site-specific processes that will result in carbon dioxide trapping including immobilization by capillary trapping, dissolution, and mineralization at the site;

(5) the predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase, or mineral phase;

(6) the results of laboratory analyses, research studies, or field or site-specific studies to verify the information required in (4) and (5) of this section;

(7) a characterization of the confining zone including a demonstration that it is free of transmissive faults, fractures, and micro-fractures and of appropriate thickness, permeability, and integrity to impede fluid, e.g., carbon dioxide, formation fluid, movement;

(8) the presence of potential conduits for fluid movement including planned injection wells and project monitoring wells associated with the proposed storage facility or any other projects in proximity to the predicted or modeled, final extent of the carbon dioxide plume and area of elevated pressure;

(9) a description of the well construction and an assessment of the quality of plugs of all abandoned wells within the area of review;

(10) the distance between the injection zone and the nearest underground sources of drinking water above or below the injection zone; and

(11) any additional site-specific factors required by the commission.

(i) Information submitted to support the demonstration in subsection (h) must meet the following criteria:

(1) all analyses and tests performed to support the demonstration must be accurate, reproducible, and performed in accordance with the established quality assurance standards;

(2) estimation techniques must be appropriate and United States Environmental Protection Agency-certified test protocols must be used where available;

(3) predictive models must be appropriate and tailored to the site conditions, composition of the carbon dioxide stream and injection and site conditions over the life of the storage facility;

(4) predictive models must be calibrated using existing information where sufficient data are available;

(5) reasonably conservative values and modeling assumptions must be used and disclosed to the commission whenever values are estimated on the basis of known, historical information instead of site-specific measurements;

(6) an analysis must be performed to identify and assess aspects of the alternative post-injection site care timeframe demonstration that contributes significantly to uncertainty; for the purpose of this paragraph, the storage operator must conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the modeling demonstration;

(7) an approved quality assurance and quality control plan must address all aspects of the demonstration; and,

(8) any additional criteria required by the commission.

(j) Not less than 120 days before expiration of the approved monitoring period under this section, the storage operator shall either apply to the commission for an additional monitoring period, or for a certificate of completion under AS 41.06.170 and 20 AAC 25.1320.

20 AAC 25.1320 Certificate of completion; public process

(a) After cessation of carbon dioxide injection and compliance with the post-injection site care and monitoring plan, or any amendments to the plan approved by the commission, a storage operator shall apply to the commission, in a format approved by the commission, for a certificate of completion under AS 41.06.170. If, at the time of application, any changes have been made to the original post-injection site care and site closure plan, the storage operator shall also provide the revised plan. The storage operator shall apply for a certificate of completion not less than 120 days before its proposed final site closure date. An application under this section must demonstrate, based on monitoring and other site-specific data, that no additional monitoring is needed to ensure that the storage facility does not pose a danger to underground sources of drinking water or otherwise endanger human health, human safety, or the environment.

(b) Before an authorization for a certificate of completion under AS 41.06.170 and under this section, the storage operator shall submit to the commission for review and approval a demonstration, based on monitoring and other site-specific data, that no additional monitoring is needed to ensure that the storage facility does not pose a danger to human health, human safety, the environment, or underground sources of drinking water.

(c) The commission may, before or after a hearing under this section, request information from the storage operator sufficient to allow the commission to consider the factors in AS 41.06.170(b). The commission will provide public notice and a hearing to consider an application for a certificate of completion. The commission will provide notice of the hearing in the same manner as a notice under AS 31.05.050(b) and will provide notice to persons identified in AS 41.06.170(a)(2) and AS 41.06.125(b)(1) - (3). The commission will provide not less than 30 days' notice of a hearing and will provide not less than 30 days for public comment. In addition to specifying the date, time, and location of the hearing, and process to submit public comments, the notice under this section must

(1) identify the storage operator, storage facility permit, and storage facility; identification of the storage facility must include an accurate plat certified by a registered surveyor that includes the location of the Class VI well relative to permanently surveyed benchmarks; and

(2) summarize the reasons for the request.

(d) After a hearing under this section, the commission may deny or approve a request for a certificate of completion. If the commission denies the request, it will issue a decision stating the reasons for the denial, and the steps the storage operator shall take to continue monitoring the storage facility or to re-apply for a certificate of completion. To approve a request for a certificate of completion, the commission must find that all conditions of 20 AAC 25.1000 - 20 AAC 25.1320 and AS 41.06.170(b) have been met. No less than two commissioners must approve issuance of a certificate of completion. A certificate of completion must identify all actions the storage operator has taken for final site closure, including the plugging of all monitoring wells in a manner approved by the commission, which will not allow movement of injection or formation fluid that endanger underground sources of drinking water.

(e) Not more than 90 days after the commission approves a certificate of completion, the storage operator shall submit a report to the commission. The report shall be retained at a location designated by the commission for not less than 10 years. The report must include:

(1) documentation of appropriate injection and monitoring well plugging as specified in 20 AAC 25.1300 and (d) of this section;

(2) documentation that a survey plat has been submitted to the state recorder's office; the plat must indicate the location of the Class VI well relative to permanently surveyed benchmarks, and the storage operator shall also submit a copy of the plat to the Regional Administrator of the appropriate United States Environmental Protection Agency Regional office;

(3) documentation of appropriate notification and information to each state, local authority and tribe authority over drilling activities to allow the state, and local authority, and tribe to impose appropriate conditions on subsequent drilling activities that may penetrate the injection and confining zone; and

(4) records reflecting the nature, composition, and volume of the carbon dioxide stream.

(f) Each owner or operator of a Class VI well identified in the certificate of completion issued by the commission shall record, before transfer of the storage facility to the Department of Natural Resources under AS 41.06.170, a notation on the deed to the facility property or any other document that is normally examined during title search that will in perpetuity provide any potential purchaser of the property the following information:

(1) the fact that land has been used to sequester carbon dioxide;

(2) the name of the department with which the survey plat was filed, as well as the address of the Environmental Protection Agency Regional Office to which it was submitted; and

(3) the volume of fluid injected, the injection zone or zones into which it was injected, and the period over which injection occurred.

(g) The storage operator shall retain for 10 years following issuance of the certificate of completion, records collected during the post-injection site care period. The storage operator shall deliver the records to the Department of Natural Resources at the conclusion of the retention period, and the Department of Natural Resources will maintain the records. The commission will be notified by the Department of Natural Resources when the records are delivered to the department.

(h) A certificate of completion issued under this section does not release a storage operator from liability arising from a knowing or intentional concealment or misrepresentation of material fact related to a storage facility, including the mechanical integrity of the storage facility or the chemical composition of carbon dioxide injected into the facility.

20 AAC 25.1400 Transfer; storage facility permit

(a) A storage facility permit, and an associated Class VI well permit and injection authorization, may be transferred to a new storage operator only by application by the proposed permit transferee as though that person were the original applicant for the permit, and upon approval by the commission. A permit may be transferred by the holder of the permit to a new storage operator only if

(1) the permit has been modified or revoked and reissued under 20 AAC 25.1410 or

(2) a minor modification is made under 20 AAC 25.1430 to identify the new storage operator and incorporate any other requirements necessary under federal and state laws, including 42 U.S.C. 300f-300j-27 (Safe Drinking Water Act).

(b) The commission will not approve a transfer if the storage operator is not in compliance with any term or condition of the storage facility permit to be transferred unless the storage operator agrees to bring the storage facility back into compliance with the permit.

20 AAC 25.1410 Modification, revocation and reissuance of permit

(a) A storage facility permit may be modified, or revoked and reissued, either on a request for review by any interested person, or on the commission's initiative, for the reasons specified in this section. The commission will review the termination of a storage facility permit under 20 AAC 25.1420 or a minor modification under 20 AAC 25.1430.

(b) On receipt of a request for review or of information, including from a storage facility inspection, from a storage operator pursuant to a requirement in a storage facility permit, or from conducting a review of the storage facility permit, the commission may determine that cause exists for modification or revocation and reissuance of a permit. The following constitute cause for modification or revocation and reissuance under this section:

(1) an area of review reevaluation under 20 AAC 25.1070;

(2) any amendments to the testing and monitoring plan under 20 AAC 25.1250;

(3) any amendments to the Class VI well plugging plan under 20 AAC 25.1300;

(4) any amendments to the post-injection site care and site closure plan under 20 AAC 25.1310;

(5) any amendments to the emergency and remedial response plan under 20 AAC 25.1260;

(6) a review of monitoring or testing results conducted in accordance with permit requirements;

(7) the commission receives information that was not available at the time the permit was issued that justifies application of different permit conditions;

(8) material and substantial alterations or additions to the permitted facility or activity after permit issuance that justifies the application of permit conditions that are different or absent in the existing permit;

(9) the standards or regulations on which the permit was based have been changed by enactment of new or amended standards or adoption of regulations or by judicial decision with precedential effect after the permit was issued;

(10) determination by the commission that good cause exists for modification of a compliance schedule under 20 AAC 25.1140, including an act of God, strike, flood, earthquake, or materials shortage or other event over which the storage operator has little or no control and for which there is no reasonably available remedy.

(c) If the commission determines under (b) of this section that cause exists, the commission may modify or revoke and reissue a permit, subject to the limitations of this section, and may request an updated storage facility permit application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and reissuance for a new term under 20 AAC 25.1160. If the commission finds cause does not exist under this section or 20 AAC 25.1431, the commission will not modify or revoke and reissue the permit. If a permit modification satisfies the criteria in 20 AAC 25.1430 for minor modifications, the permit may be modified without a draft permit or public review under 20 AAC 25.1150. Otherwise, a draft permit must be prepared and the procedures in 20 AAC 25.1150 followed.

(d) If the commission determines that a request for review made under (a) of this section is not justified, the commission shall provide the person making the request a brief written response of the commission's decision. A denial of a request for modification, revocation and reissuance, or termination under 20 AAC 25.1420, are not subject to public notice, comment, or hearing.

(e) In addition to the factors set forth in (b) of this section, the commission may consider the following causes as a basis to modify or, alternatively, revoke and reissue a permit:

(1) a finding that cause exists for termination under 20 AAC 25.1420, and the commission determines that modification or revocation and reissuance is appropriate.

(2) the commission has received notification of a proposed transfer of a storage facility permit;

(3) a determination that the waste being injected into a storage facility is a hazardous waste as defined in 20 AAC 25.1020(c), either because the definition of hazardous waste has been revised, or because a previous determination has been changed.

(f) The commission will not consider suitability of the storage facility location at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

20 AAC 25.1420 Termination of permit

(a) The commission may, on a request for review by any interested person, or on the commission's initiative, terminate a storage facility permit during its term, or deny a permit renewal application for the following causes:

(1) noncompliance by the storage operator with any condition of the permit;

(2) the storage operator's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the storage operator's misrepresentation of any relevant facts at any time; or

(3) a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.

(b) If the commission tentatively decides to terminate a permit, the commission will issue notice of intent to terminate. A notice of intent to terminate is a type of draft permit which shall be subject to the applicable procedures in 20 AAC 25.1150.

20 AAC 25.1430 Minor modifications; storage facility permit

(a) Upon agreement between a storage operator and the commission, the commission may modify a permit to make a correction or allowance for change in the permitted activity listed in this section, without an application to amend the permit. Any permit modification not processed as a minor modification under this section will be made under 20 AAC 25.1410. A minor modification under this section is allowed only to

(1) correct a typographical error;

(2) require more frequent monitoring or reporting by the storage operator;

(3) change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; or

(4) allow for a change in ownership or operational control of a facility where the commission determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the commission under 20 AAC 25.1400;

(5) change in the quantity or type of fluid injected which is within the capacity of the storage facility as permitted and, in the judgment of the commission, does not interfere with the operation of the facility or its ability to meet conditions described in the permit and does not change its classification;

(6) change a construction requirement approved by the commission under 20 AAC 25.1210, provided that the alteration shall comply with the requirements of 20 AAC 25.1000 - 20 AAC 25.1900;

(7) amend a Class VI well testing and monitoring plan under 20 AAC 25.1250, plugging plan under 20 AAC 25.1300, post-injection site care and site closure plan under 20 AAC 25.1310, or emergency and remedial response plan under 20 AAC 25.1260 if the modification merely clarifies or corrects the plan, as determined by the commission.

(b) Upon approval by the commission of a modification under this section, the commission will issue an amendment to the permit issued under 20 AAC 25.1170 that explains the modification made to the original permit. A modification under this section does not change the duration of the permit, or any aspect of the permit other than specifically addressed by the modification approved by the commission under this section.

20 AAC 25.1600 Confidentiality of information

(a) Any information obtained by the commission by any rule, regulation, order or permit term or condition based on 20 AAC 25.1000 - 20 AAC 25.1900 or any investigation related to a storage facility, is public information, except as otherwise provided in the Alaska Public Records Act, AS 40.25.100 - AS 40.25.295. On receipt of a written request, the commission will determine in writing whether records held in connection with a storage facility are subject to nondisclosure under the Alaska Public Records Act.

(b) Information obtained under (a) of this section will be made available to the United States Environmental Protection Agency upon request. If the information has been submitted to the commission under a request for nondisclosure, the commission will submit that request to the United States Environmental Protection Agency when providing the information.

20 AAC 25.1610 Reporting requirements; monitoring and records

(a) A storage operator shall, at a minimum, provide the reports identified in this section to the commission and the United States Environmental Protection Agency in electronic format, for each permitted Class VI well as part of a storage facility permit. Reports required by this section, or a storage facility permit, or other information required by the commission shall be signed by a person authorized under 40 C.F.R. 144.32(b), effective January 10, 2011, and adopted by reference.

(b) A storage operator shall provide semi-annual reports, on a date established by the commission containing

(1) any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide stream from the proposed operating data;

(2) the monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure;

(3) a description of any event that exceeds operating parameters for annulus pressure or injection pressure specified in the permit;

(4) a description of any event which triggers a shut-off device required pursuant to 20 AAC 25.1230 and the response taken;

(5) the monthly volume or mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project;

(6) the monthly annulus fluid volume added; and

(7) the results of monitoring prescribed under 20 AAC 25.1250.

(1) periodic tests of mechanical integrity;

(2) any well workover; and,

(3) any other test of the Class VI well conducted by the storage operator if required by the commission.

(d) A storage operator shall report within 24 hours

(1) any evidence that the injected carbon dioxide stream or associated pressure front may endanger underground sources of drinking water;

(2) any noncompliance with a permit condition, or malfunction of the injection system, which may cause fluid migration into or between underground sources of drinking water;

(3) any triggering of a shut-off system, whether down-hole or at the surface;

(4) any failure to maintain mechanical integrity under 20 AAC 25.1240; or

(5) pursuant to compliance with the requirement at 20 AAC 25.1250 for surface air and soil gas monitoring or other monitoring technologies, if required by the commission, any release of carbon dioxide to the atmosphere or biosphere.

(e) A storage operator shall notify the commission in writing not less than 30 days in advance of

(1) any planned well workover;

(2) any planned stimulation activities, other than stimulation for formation testing conducted under 20 AAC 25.1080, and

(3) any other planned test of the Class VI well conducted by the storage operator.

(f) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity. A storage operator shall maintain records of all monitoring information including the following

(1) calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the storage facility permit, and records of all data used to complete the application for a storage facility permit for a period of at least three years from the date of the sample, measurement, report, or application; this period may be extended by request of the commission at any time; and

(2) the nature and composition of all injected fluid until not less than three years after the completion of any plugging and abandonment procedures specified under 20 AAC 25.1300; the commission may require a storage operator to deliver the records to the commission at the conclusion of the retention period.

(g) A storage operator shall retain

(1) all data collected under 20 AAC 25.1080 for a storage facility permit application throughout the life of the storage facility and for not less than 10 years following issuance of a certificate of completion under 20 AAC 25.1320;

(2) data on the nature and composition of all injected fluid collected pursuant to 20 AAC 25.1250 for not less than 10 years following issuance of a certificate of completion; the commission may require the storage operator to deliver the records to the commission or other state agency at the conclusion of the retention period;

(3) monitoring data collected pursuant to 20 AAC 25.1250 for not less than 10 years after it is collected;

(4) well plugging reports, post-injection site care data, including, if appropriate, data and information used to develop the demonstration of the alternative post-injection site care timeframe, and the certificate of completion report collected pursuant to requirements at 20 AAC 25.1310 for 10 years following issuance of a certificate of completion under 20 AAC 25.1320;

(5) all modeling inputs and data used to support area of review reevaluations under 20 AAC 25.1070(e).

(h) The storage operator shall deliver the records to the commission at the conclusion of the retention period, and the records will thereafter be retained at a location designated by the commission for that purpose. The commission may require the storage operator to retain any records required in this section for longer than 10 years after issuance of a certificate of completion.

(i) A storage operator shall provide access to the commission to storage facility records for a facility permitted under AS 41.06 and this chapter wherever located. All owners, operators, drilling contractors, drillers, service companies, or other persons engaged in drilling, completing, operating, or servicing a storage facility shall permit the commission, or its authorized representative, upon reasonable notice, to enter a lease, property, well, or drilling rig, in compliance with applicable state safety rules, to inspect the records and operations of wells and to conduct sampling and testing. Unless designated as confidential under 20 AAC 25.1600, the information shall be a public record. If requested by the commission, a person shall furnish a copy of storage facility records to the commission.

20 AAC 25.1650 Enforcement; penalties

A penalty or other enforcement action under 20 AAC 25.1000 - 20 AAC 25.1900 shall be governed by the process set out in 20 AAC 25.535.

20 AAC 25.1900 Definitions

In 20 AAC 25.1000 - 20 AAC 25.1900, the following definitions apply:

(1) "abandoned well" means a well whose use has been permanently discontinued, or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes;

(2) "aquifer" has the meaning given in 20 AAC 25.990;

(3) "area of review" means the area surrounding a storage facility where underground sources of drinking water may be endangered by the injection activity; and is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluid, and is based on available site characterization, monitoring and operational data under 20 AAC 25.1070;

(4) "carbon dioxide" has the meaning given in AS 41.06.210;

(5) "carbon dioxide plume" means the extent underground, in three dimensions of an injected carbon dioxide stream;

(6) "carbon dioxide stream" means carbon dioxide that has been captured from an emission source, such as a power plant, plus incidental associated substances derived from source materials and the capture process, and any substances added to the stream to enable or improve the injection process; "carbon dioxide stream" does not apply to any carbon dioxide stream that meets the definition of hazardous waste under 40 C.F.R. part 261;

(7) "carbon storage" has the meaning given in AS 41.06.210; and includes "geologic sequestration," as defined in 40 C.F.R. 146.81, Part H, Applicability, effective January 10, 2011 and adopted by reference;

(8) "casing" means a pipe or tubing of appropriate material, of varying diameter and weight, which is installed into a well to maintain the structural integrity of a well, to prevent the loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole;

(9) "cementing" means the operation whereby a cement slurry is pumped into a drilled hole and forced behind the casing;

(10) "Class VI well" means a well

(A) that is not experimental in nature that is used for geologic sequestration of carbon dioxide beneath the lowermost formation containing underground sources of drinking water; for the purpose of this subparagraph, "experimental" means use of a technology that has not been proven feasible under the conditions in which it is being tested;

(B) used for geologic sequestration of carbon dioxide that has been granted a waiver of the injection depth requirements under 20 AAC 25.1270; or

(C) used for geologic sequestration of carbon dioxide that has received an expansion to the areal extent of an existing Class II well under 20 AAC 25.442

(11) "closure period" means the period from cessation of carbon dioxide injection until the commission issues a certificate of completion under AS 41.06.170 and applicable regulation;

(12) "commission" has the meaning given in 20 AAC 25.990;

(13) "confining zone" means a geological formation, group of formations, or part of a formation stratigraphically overlying the injection zone that acts as a barrier to fluid movement; for a Class VI well operating under an injection depth waiver under 20 AAC 25.1270, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone;

(14) "contaminant" means any physical, chemical, biological, or radiological substance or matter in water;

(15) "corrective action" means commission-approved methods to ensure that wells within the area of review do not serve as conduits for the movement of fluid into underground sources of drinking water;

(16) "draft permit" means a document prepared under 20 AAC 25.1080 indicating the commission's tentative decision to issue or deny a storage facility permit, or modify, revoke and reissue, or terminate an existing storage facility permit; "draft permit" does not include a denial by the commission of a request for modification, revocation and reissuance, or terminate an existing storage facility permit;

(17) "enhanced oil or gas recovery" has the meaning given in AS 41.06.210;

(18) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency;

(19) "exempted aquifer" has the meaning given in 20 AAC 25.990;

(20) "fault" means a surface or zone of rock fracture along which there has been displacement;

(21) "fluid" means any material or substance that flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state;

(22) "flow rate" means the volume per time unit given to the flow of gases or other fluid substances which emerges from an orifice, pump, turbine or passes along a conduit or channel;

(23) "formation" means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface;

(24) "formation fluid" means fluid present in a formation under natural conditions as opposed to introduced fluid, such as drilling mud;

(25) "injection zone" means a geological formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity, and permeability to receive carbon dioxide through a well or wells associated with a storage facility;

(26) "lithology" means the description of rocks on the basis of their physical and chemical characteristics;

(27) "mechanical integrity" means the absence of significant leakage within an injection well's tubing, casing, or packer, or outside of the casing;

(28) "operator" means the person recognized as responsible for the well, site, storage facility, or storage facility covered by 20 AAC 25.1000 - 20 AAC 25.1900, and includes the storage operator as defined in AS 41.06.210; the operator can, but need not be, the owner of the storage facility;

(29) "owner" means the person that owns the well, site, or storage facility, and includes the "storage operator" as defined in AS 41.06.210; the owner may be, but is not always, the operator of the well, site, facility, or activity governed under 20 AAC 25.1000 - 20 AAC 25.1900;

(30) "packer" means a device lowered into a well to produce a fluid tight seal;

(31) "permit" means a storage facility permit under 20 AAC 25.1170, but does not include a permit which has not yet been the subject of final commission action, such as a draft permit;

(32) "person" means an individual, association, partnership, corporation, joint venture, protected series, or other legal or commercial entity, estate, trust, trustee, receiver, executor, administrator, fiduciary, municipality, state, federal, or tribal agency, or an agency or employee thereof;

(33) "plugging" or "well plugging" means the act or process of stopping the flow of water, oil or gas into or out of a formation through a borehole or well penetrating that formation;

(34) "pressure" means the total load or force per unit area acting on a surface;

(35) "post injection site care" means appropriate monitoring and other actions, including corrective action, needed following cessation of injection of carbon dioxide to ensure that underground sources of drinking water are not endangered, as required by 20 AAC 25.1310;

(36) "pressure front" means the zone of elevated pressure that is created by the injection of carbon dioxide into the subsurface; the pressure front of a carbon dioxide plume refers to a zone where there is a pressure differential sufficient to cause the movement of injected fluid or formation fluid into underground sources of drinking water;

(37) "site" means the land or water area where any storage facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity;

(38) "site closure" means the point or time, as determined by the commission through a certificate of completion under 20 AAC 25.1320, at which the storage operator is released from post-injection site care responsibilities;

(39) "stimulation" includes "well stimulation" and means several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation, and includes

(A) surging,

(B) jetting,

(D) acidizing,

(E) hydraulic fracturing;

(40) "storage facility" has the meaning given in AS 41.06.210, and includes a "geologic sequestration project," as defined in 40 C.F.R. 146.81;

(41) "surface casing" has the meaning given in 20 AAC 25.990;

(42) "transmissive fault or fracture" means a fault or fracture that has sufficient permeability and vertical extent to allow fluid to move between formations;

(43) "tribe" or "Indian tribe" means a

(A) tribe that is recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act of 1994);

(B) includes any subdivision, subsidiary, or business enterprise wholly owned by a federally recognized tribe;

(44) "underground sources of drinking water" or "USDW" has the meaning given in 20 AAC 25.990

(45) "well" has the meaning given in AS 41.06.210, a "well" may include an injection well;

(46) "well injection" or "underground injection" means the subsurface emplacement of fluid through a well;

(47) "well monitoring" means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well;

(48) "well plug" means a watertight and gastight seal installed in a borehole or well to prevent movement of fluid.

Chapter 30 Alaska State Council on the Arts

Article 1 Operating Support Grants

20 AAC 30.010 Purpose

The council may provide an annual, biennial, or triennial operating support grant to an arts organization to pay for a portion of the artistic or administrative function of the organization.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 7/1/2011, Register 198

20 AAC 30.015 Grant conditions

(a) An applicant for an operating support grant may request and the council will, in its discretion, award a grant in any amount. However,

(1) an application for an operating support grant may not be approved unless the grant applicant provided a cash match; and

(2) an operating support grant may not exceed 50 percent of the applicant's annual operating costs.

(b) If an operating support grant is awarded on a biennial or triennial basis, the grant amount payable during the second or third year may not be less than the grant amount paid during the first year, subject to a reduction in the amount of the grant that is proportional to the amount of the reduction of the annual appropriation made to the council for the support of the council's programs. The provisions of this subsection do not apply if payment of the second or third year of the grant is withheld by the council

(1) under 20 AAC 30.030(b) because of the grantee's failure to complete and submit a final report each year; or

(2) under 20 AAC 30.040(b) due to the grantee's failure to comply with the terms of the grant award letter.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am/readopt 7/1/2011, Register 198

20 AAC 30.020 General eligibility

(a) Eligibility for an operating support grant is limited to an arts organization that:

(1) produces, presents, or administers a series of arts events or ongoing programs;

(2) has been determined by the Internal Revenue Service to qualify as an exempt organization under 26 USC 501(c)(3);

(3) has been incorporated for at least three years;

(4) is not a college or university; and

(5) has an annual budget of at least $50,000.

(b) An arts organization shall apply for an operating support grant on a biennial or triennial basis if the arts organization

(1) meets the eligibility requirements set out in (a)(1) - (4) of this section;

(2) has an annual budget of at least $150,000; and

(3) has received and successfully operated with at least two years of annual operating support grants; however, the council may waive the requirement of this paragraph and receive, review, and approve an application for an operating support grant on a biennial or triennial basis if the applicant meets the eligibility requirements of (1) and (2) of this subsection but has not successfully operated for at least two years with operating support grants.

(c) Except as provided in (b) of this section, an arts organization may only apply for and obtain an operating support grant on an annual basis.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.025 Limitations

(a) An arts organization submitting an application for an operating support grant is not eligible for any other annual grant.

(b) An arts organization may submit only one application for an operating support grant during a state fiscal year.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.030 Application process

(a) An arts organization applying for an operating support grant must

(1) complete an operating support grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(1), for an operating support grant; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this subsection:

(A) the completed application;

(B) any documentation requested in the guidelines and application form.

(b) To be eligible to receive payment of the grant during the second or third year of a biennial or triennial grant, the grantee shall complete and submit a final report each year. The final report must be

(1) made on a form provided by the council; and

(2) submitted to the council not later than the date set under 20 AAC 30.960.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.040 Review criteria

(a) The council will evaluate each application for an operating support grant

(1) as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(1), for an operating support grant, and using the following criteria:

(A) the quality of programs and services;

(B) the financial profile of the applicant;

(C) the applicant's outreach efforts to the community, and the relationship of the applicant and the program with the community;

(D) the applicant's administrative capability; and

(2) if that application is submitted by an Alaska Native arts organization, by applying the Native arts criteria as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(1), for an operating support grant.

(b) The council will evaluate an interim request submitted under 20 AAC 30.030(b) based on the grantee's continuing ability to fulfill the terms of the grant award letter executed by the grantee under 20 AAC 30.908. If a grantee is not in compliance with the terms of the grant award letter, the council will, in its discretion, withhold payment of the grant during the second year.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 95; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.045 Review and decision

(a) An application for an operating support grant is subject to the following review and decision process:

(1) council staff shall

(A) review application materials for completeness and budget accuracy;

(B) repealed 9/7/2002; and

(2) the advisory panel to which the grant application was forwarded shall review and evaluate the application and submit a recommendation to the council;

(3) the council will

(A) review the advisory panel recommendation; and

(B) make a final decision about the application; and

(4) council staff shall notify the applicant by mail of the council's decision; if the council does not award a grant to an applicant, the council will set out its reasons for the denial in writing to the applicant; however, the council need not state its reason for the denial or reduction if the council's action is based on an insufficient appropriation to the council.

(b) For biennial and triennial grants, the council will announce the amount of the second or third year award at a regularly scheduled meeting of the council. If the grantee is not in compliance with the terms of the grant award letter, the council may withhold or revise the second or third year grant award.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.050 Allocation of funds

Repealed.

History

Eff. 2/10/83, Register 85; repealed 6/28/98, Register 146

Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; repealed 7/1/2011, Register 198

Eff. 2/10/83, Register 85; repealed 6/28/98, Register 146

Article 4 Individual Fellowship Grant

20 AAC 30.240 Purpose

The purpose of the individual fellowship grant is to recognize and assist residents of the state who are practicing artists of exceptional talent in the performing, literary, visual, and media arts as well as arts education. The council will not award an individual fellowship grant unless the individual

(1) is pursuing an art form on an ongoing basis as a means of livelihood or at the highest level of professional experience in the individual's field;

(2) has a high degree of peer acceptance as an

(A) emerging artist of outstanding promise; or

(B) established artist with a body of work; or

(3) is an arts educator recognized by peers as a leader.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.250 General eligibility

In order to qualify for an individual fellowship grant, an individual

(1) on and after the date that the application is submitted, must be in compliance with the requirements of AS 01.10.055 for establishing residency in the state;

(2) must be at least 18 years of age;

(3) may not be enrolled in an art-related degree or certification program; and

(4) may not have received an individual fellowship grant during either of the two state fiscal years preceding the state fiscal year for which the grant is sought.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.260 Application process

An individual applying for an individual fellowship grant must

(1) complete an individual fellowship grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(3); and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this section:

(A) the completed application;

(B) the resume or profile required by the guidelines and application form;

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.270 Grant limitations

(a) The council will award a limited number of individual fellowship grants. A grant recipient is not required to provide a match.

(b) The recipient of a grant must

(1) expend grant money only on activities related directly to the purposes set out in 20 AAC 30.240;

(2) maintain, throughout the grant award year, residency in the state in compliance with the requirements of AS 01.10.055;

(3) maintain complete financial records reflecting the expenditure of all grant money within the award period; and

(4) submit a completed fellowship report.

(1) proposes a collaborative project; or

(2) is submitted by an individual who will be a student during the period of the grant.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.280 Review criteria

(a) The council will evaluate each application for an individual fellowship grant as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(3), and using the following criteria:

(1) the quality of applicant's work as demonstrated in the supporting materials required under 20 AAC 30.260(2)(C);

(2) the level of artistic or arts education activity as described in resume or profile required under 20 AAC 30.260(2)(B);

(3) the extent to which the grant furthers the development of the applicant's artistic or arts education career;

(4) the applicant's previous artistic or arts education contributions in the state.

(b) Among competing grant applications, the council will give preference to an applicant who has not previously received an individual fellowship grant.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.290 Review and decision

An application for an individual fellowship grant is subject to the review and decision process set out in 20 AAC 30.045(a).

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

Article 5 Career Opportunity Grants

20 AAC 30.310 Purpose

The purpose of the career opportunity grant is to provide financial assistance to professional artists, arts administrators, and arts education professionals for

(1) travel to an in-state, national, or international event, program, or seminar; and

(2) other activities that will contribute to the strength of the applicant's professional standing or skill.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am 7/1/2011, Register 198

20 AAC 30.315 Grant amounts

The council will provide a career opportunity grant for only part of the applicant's total costs of travel to an activity or of a non-travel opportunity. A career opportunity grant used for travel will be computed using the costs of travel by the most economical and direct route.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.320 General eligibility

In order to qualify for a career opportunity grant, an individual

(1) on and after the date that the application is submitted, must be in compliance with the requirements of AS 01.10.055 for establishing residency in the state;

(2) must be at least 18 years of age;

(3) may not be enrolled as a full-time student during the period of the grant;

(4) may not have received a career opportunity grant during the state fiscal year preceding the state fiscal year for which the grant is sought; and

(5) must be an arts professional as described in 20 AAC 30.310.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.325 Limitations

(a) The expenses to be paid by means of an approved career opportunity grant must be incurred within the same fiscal year.

(b) A career opportunity grant

(1) is limited to

(A) an impending, concrete opportunity that will significantly advance the work or career of the artist or arts professional for whom the grant is provided; or

(B) a request of support from an artist or arts professional for a unique, short-term opportunity that does not constitute routine completion by the grantee of a work in progress; and

(2) may not be used by the grantee to pay for

(A) tuition, a workshop fee, meals, lodging, or local transportation; or

(B) development of a body of work without a confirmed prior commitment for exhibit, publication, or presentation.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.330 Application process

An individual applying for a career opportunity grant must

(1) complete a career opportunity grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(4), for a career opportunity grant; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this subsection:

(A) the completed application;

(B) any documentation requested in the guidelines and application form.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.340 Review criteria

The council will evaluate each application for a career opportunity grant as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(4), for a career opportunity grant, and using the following criteria:

(1) the quality of work of the applicant;

(2) the merit and feasibility of the activity for which the grant is requested;

(3) the previous involvement of the applicant in the state;

(4) the degree to which the applicant demonstrates the importance of the opportunity to the applicant's career.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.350 Review and decision

An application for a career opportunity grant is subject to the review and decision process set out in 20 AAC 30.045(a).

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

Article 6 Master Artist and Apprentice Grants

20 AAC 30.380 Purpose

(a) The purpose of the master artist and apprentice program is to support and encourage the traditional art forms of Alaska Natives.

(b) An individual may apply for a master artist and apprentice grant for serious study with a recognized master artist in a traditional Alaska Native art form. The apprentice to whom or on whose behalf the grant is made may use the grant to study any traditional Alaska Native art form, including visual arts, crafts, music, dance, storytelling, and singing.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.385 Grant conditions

(a) An applicant for a master artist and apprentice grant may request a grant in any amount. A grant recipient is not required to provide a match.

(b) A grant is limited to payment of

(1) the fees of the master artist; and

(2) when necessary, costs of supplies and travel essential to the apprenticeship.

(1) to the apprentice the expenses described in (b)(2) of this section at the beginning of the grant period to be supported with documentation of expenditure in the final report; and

(2) to the master artist the master artist's fee.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.390 General eligibility

For purposes of eligibility for a master artist and apprentice grant,

(1) the apprentice

(A) on and after the date that the application is submitted, must be in compliance with the requirements of AS 01.10.055 for establishing residency in the state;

(B) must be at least 18 years of age;

(C) must have demonstrated experience in the traditional Alaska Native art form for which the individual proposes to serve as an apprentice;

(D) must have located a master artist willing to accept the applicant as an apprentice; and

(E) may not be enrolled as a full-time student during the period of the grant; and

(2) the master artist

(A) must provide evidence of the master artist's own excellence in the traditional Alaska Native art form in which the grant applicant proposes to serve as an apprentice;

(B) must provide evidence of recognition by members of the master artist's cultural community for proficiency and skill in the traditional Alaska Native art form in which the grant applicant proposes to serve as an apprentice;

(D) must be at least 18 years of age; and

(E) on and after the date that the application is submitted, must be in compliance with the requirements of AS 01.10.055 for establishing residency in the state.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.395 Limitations

A master artist and apprentice grant

(1) repealed 9/7/2002;

(2) may be awarded if the master artist is a member of the apprentice's immediate family, but only if the skill and understanding of the art form or technology is traditionally transferred to subsequent generations within a family or if the art form or technology is endangered; in this paragraph, "member of the apprentice's immediate family" means a person who is a spouse, parent, grandparent, child, grandchild, or sibling of the apprentice or who is a regular member of the apprentice's household;

(3) may not be awarded for the payment of the master artist's fee to a master artist more than once each fiscal year.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.400 Application process

An individual applying for a master artist and apprentice grant must

(1) complete a master artist and apprentice grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(5), for a master artist and apprentice grant in traditional Native arts; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this section:

(A) the completed application;

(B) the lesson plan and budget list required by the guidelines and application form;

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.405 Review criteria

(a) The council will evaluate each application for a master artist and apprentice grant as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(5), for a master artist and apprentice grant in traditional Native arts, and using the following criteria:

(1) the quality of the work of the master artist as demonstrated in the supporting materials required under 20 AAC 30.400(2)(C);

(2) the quality of the work of the apprentice, as demonstrated in the supporting materials required under 20 AAC 30.400(2)(C);

(3) the lesson plan required under 20 AAC 30.400(2)(B) for the apprenticeship;

(4) the budget list required under 20 AAC 30.400(2)(B) for the apprenticeship.

(b) In evaluating master artist and apprentice grant applications that qualify under (a) of this section,

(1) the council will place the highest priority on providing a grant for an application in which

(A) the apprentice proposes to study an art form within the apprentice's own cultural tradition; and

(B) the major part of the budget for the grant will be expended as the master artist's fee; and

(2) among competing grant applications, the application of an applicant who has not received a master artist and apprentice grant from the council will be preferred over an applicant who has already received a master artist and apprentice grant.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.410 Review and decision

An application for a master artist and apprentice program grant is subject to the review and decision process set out in 20 AAC 30.045(a).

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; readopt 7/1/2011, Register 198

Article 7 Workshop Grants

20 AAC 30.440 Purpose

The purpose of the workshop grant is to provide an organization engaged in arts, arts education, or cultural heritage activities in the state the opportunity to hold an arts-related workshop of limited duration, using artists and other resource persons as instructors. A workshop may include all areas of the visual, performing, traditional, craft, media, literary arts, arts administration and arts education.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; am 7/1/2011, Register 198

20 AAC 30.445 Grant conditions

(a) An applicant for a workshop grant may request a grant in any amount. However, workshop grants may only be used to

(1) pay the fees of the workshop instructors; and

(2) cover all or a portion of the travel expenses of the workshop instructors.

(b) An application for a workshop grant will not be approved unless the grant application provides a balanced budget reflecting a cash or in-kind match that has been determined by the council on the basis of availability of appropriations from the legislature.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.450 General eligibility

The following organizations may apply for a workshop grant:

(1) an organization that is engaged in arts or cultural activities in the state and that has been determined by the United States Internal Revenue Service to qualify as an exempt organization under 26 U.S.C. 501(c)(3);

(2) a school, college, or university located in the state;

(3) a government agency or tribal entity.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.455 Limitations

(a) During a fiscal year, an organization, school, college, university, or government agency

(1) may, subject to the availability of money that has been appropriated to the council and allocated for workshop program grants, apply for and receive workshop program grants for no more than two workshops; and

(2) that receives from the council at least $5,000 in other grant categories may not apply for more than one workshop grant during the same fiscal year.

(b) The grantee of a workshop program grant

(1) shall

(A) publicize the workshop;

(B) repealed 7/1/2011;

(i) workshop facilities;

(ii) equipment and supplies for the workshop; and

(iii) accommodations and meals for the workshop instructor; and

(D) within 60 days of the completion of the workshop, complete and provide to the council a final report; and

(2) may not use any portion of the workshop grant to pay for additional service by the workshop instructor, such as a reading or performance.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.460 Application process

An organization listed in 20 AAC 30.450 and applying for a workshop grant must

(1) complete a workshop grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(6), for a workshop grant; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this section:

(A) the completed application;

(B) any documentation required by the guidelines and application form.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.470 Review criteria

The council will evaluate each application for a workshop grant as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(6), for a workshop grant, and using the following criteria:

(1) the need for the workshop in the applicant's community;

(2) the completeness and clarity of the workshop outline;

(3) the qualifications of the workshop instructor;

(4) whether an applicant has received a workshop grant within the fiscal year for which the grant is sought; the council will give preference to an applicant who has not received a workshop grant during the same fiscal year.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.480 Grant amounts and limitations

Repealed.

History

Eff. 2/10/83, Register 85; am 5/23/85, Register 94; repealed 6/28/98, Register 146

20 AAC 30.485 Review and decision

An application for a workshop grant is subject to the review and decision process set out in 20 AAC 30.045(a).

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

Article 8 Arts in Education Program

20 AAC 30.510 Purpose

The purpose of the arts in education program is to promote and improve the teaching of the arts as an integral part of life and basic education through direct access to opportunities for cultural, historical, creative, and appreciative experiences. The council will administer the artists in schools grant and the artists in schools teaching artist roster through the arts in education program.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am 7/1/2011, Register 198

20 AAC 30.512 Grant amounts

(a) The council will set the amount of an artists in schools grant that is awarded to a school or school district. A school or school district awarded an artists in schools grant must provide a cash match.

(b) An artists in schools grant provided by the council may not exceed a percentage, determined by the council, of the total cash expenses of the residency, with the amount of the grant dependent upon the type and length of the residency.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.515 General eligibility

(a) A school, school district, or nonprofit arts organization in the state may apply to the council for an artists in schools grant. If a nonprofit arts organization applies for an artist in schools grant, approval must be given in writing by the participating school or district.

(b) An artist who demonstrates professional excellence may apply to the council to be included in the artists in schools teaching artist roster. Inclusion of the name of the artist in the artists in schools teaching artist roster does not guarantee the artist will be selected for a residency under the artists in schools program.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am 7/1/2011, Register 198

20 AAC 30.517 Application process

(a) A school or school district applying for an artists in schools grant must

(1) complete the grant application provided by the council in the guidelines and application form adopted by reference in 20 AAC 30.983(7); and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the applicable guidelines and application form described in (1) of this subsection:

(A) the completed application;

(B) any documentation required by the guidelines and application form.

(b) An artist applying for inclusion in the artists in schools teaching artist roster must

(1) complete the form applicable to the artist and provided by the council in the performing artist application, adopted by reference in 20 AAC 30.983(8), for inclusion of the artist in the artists in schools teaching artist roster; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the application described in (1) of this subsection:

(A) the completed application;

(B) any supporting materials required by the application.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.520 Limitations

(a) A school or school district that applies for an artists in schools grant must either select the resident artist from the council's artists in schools teaching artist roster or submit to the council the name of an artist to conduct the residency program who is not included in the teaching artist roster. The council will consider and approve an artist whose name is not included in the teaching artist roster to conduct the proposed residency only if

(1) the artist proposed for selection works in a medium or arts discipline not represented in the teaching artist roster; or

(2) an artist included in the teaching artist roster who works in the medium or discipline selected by the school for the workshop is not available during the scheduled time of the residency.

(b) A school or a school district approved for an artists in schools grant must agree to

(1) host the artist in residency for at least two weeks;

(2) sponsor at least one two-hour workshop for teachers and one community activity as part of the residency;

(3) schedule a teacher to be present at all times while the artist is working with students;

(4) schedule studio time for the artist into each school day;

(5) provide adequate work facilities and appropriate equipment and supplies for the artist; and

(6) compensate the artist according to the guidelines established by the council in the applicable guidelines and application form described in 20 AAC 30.517(a)(1).

(1) be available for a residency at a school for a minimum period of two weeks;

(2) provide during a residency

(A) at least 20 hours a week working with students; and

(B) at least one two-hour workshop for teachers and one community activity as part of the residency; and

(3) repealed 9/7/2002.

(d) repealed 9/7/2002.

History

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.522 Review criteria

(a) The council will evaluate a school's application for an artists in schools program grant using the following criteria:

(1) residency activities and format;

(2) goals, objectives, and planning of the residency;

(3) residency facilities and community information; and

(4) budget.

(b) The council will evaluate an application of an artist to be included in the artists in schools teaching artist roster using the following criteria:

(1) quality of the artist's work;

(2) the artist's training, education, and experience;

(3) the artist's statement; and

(4) adaptability and suitability of the artist to the artists in schools program.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am/readopt 7/1/2011, Register 198

20 AAC 30.525 Review and decision

(a) An application for a grant from the artists in schools program is subject to the review process as set out in 20 AAC 30.045(a).

(b) An application from an artist for inclusion of the artist's name in the artists in schools teaching artist roster is subject to the following review process:

(1) council staff shall

(A) review application material for completeness, and, if applicable, evaluate the applicant's compliance with a previously awarded artists in schools program grant involving the artist; and

(B) forward the completed evaluation form to the teaching artist roster discipline advisory panel;

(2) the advisory panel shall review each application and recommend to the council whether the application should be accepted or rejected; and

(3) the council will consider the advisory panel's recommendation, decide on the application, and notify the artist of its decision.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am/readopt 7/1/2011, Register 198

20 AAC 30.530 Requirements for participation in artists-in-education pilot project

Repealed.

History

Eff. 2/10/83, Register 85; repealed 6/28/98, Register 146

20 AAC 30.540 Requirements for participation in artists-in-schools program

Repealed.

History

Eff. 2/10/83, Register 85; repealed 6/28/98, Register 146

20 AAC 30.550 Grant amounts

Repealed.

History

Eff. 2/10/83, Register 85; repealed 6/28/98, Register 146

Eff. 5/23/85, Register 94; repealed 6/28/98, Register 146

Article 10 Community Arts Development Grants

20 AAC 30.622 Purposes

The purpose of the community arts development grant program is to assist a school, unit of government, or non-profit organization in this state in

(1) developing arts programs in underserved areas or disciplines;

(2) improving arts administration such as board development, accounting, and budget development; and

(3) supporting arts or cultural heritage events and short-term projects.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 7/1/2011, Register 198

20 AAC 30.625 Grant conditions

(a) A community arts development grant may not exceed 50 percent of the total cash expenses of the project for which the grant is approved.

(b) An applicant for a community arts development grant shall provide a cash match.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.628 General eligibility

(a) An organization is eligible for a community arts development grant if the organization meets the eligibility requirements of 20 AAC 30.450.

(b) A school, college, or university is eligible for a community arts development program grant only if

(1) the activity for which the grant proceeds would be expended is open to the public;

(2) the public is the primary audience; and

(3) the primary purpose of the activity is not the generation of academic credit.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.631 Limitations

(a) An otherwise eligible entity may not apply for a community arts development grant if, during the same fiscal year, the entity will receive money through an operating support grant from the council.

(b) A recipient of a community arts development grant may not

(1) receive more than one community arts development grant during each fiscal year; or

(2) repealed 7/1/2011.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.634 Application process

An applicant for a community arts development grant must

(1) complete a community arts development grant application provided by the council in the guidelines and application form, adopted by reference in 20 AAC 30.983(9), for a community arts development grant; and

(2) submit the following items, so that each is received or postmarked not later than the deadline established in the guidelines and application form described in (1) of this section:

(A) the completed application;

(B) any supporting materials requested in the guidelines and application form.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.637 Review criteria

The council will evaluate each application for a community arts development grant as set out in the guidelines and application form, adopted by reference in 20 AAC 30.983(9), for a community arts development grant, and using the following criteria:

(1) need for the activity in the applicant's community;

(2) audience and number of participants served;

(3) the qualifications of the artist or arts professional who will be involved with the proposed activity;

(4) the extent to which the activity serves a community that lacks access to other arts programs, services, or resources due to geography, economic conditions, cultural background, sociopolitical circumstances, disability, age, or other demonstrable factors.

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.639 Review and decision

An application for a community arts development grant is subject to the review process set out in 20 AAC 30.045(a).

History

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

Article 11 Percent for Art Program

20 AAC 30.640 Alaska State Council on the Arts

20 AAC 30.640 - 20 AAC 30.710. Reserved.

Article 12 Alaska Contemporary Art Bank

20 AAC 30.720 Alaska State Council on the Arts

20 AAC 30.720. Purpose and goals. (a) The purpose of the Alaska contemporary art bank loan is to acquire ownership of artwork and to loan the acquired artwork to state offices and to the offices of the members of the state's congressional delegation. (b) The goals of the art bank are: (1) to expose Alaskans to high quality work by Alaskan artists; and (2) to assist Alaskan artists through the purchase of their work.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; readopt 7/1/2011, Register 198

20 AAC 30.723 Alaska State Council on the Arts

20 AAC 30.723. Artwork acquisition procedures. (a) The council acquires a work of art by purchase through the art in public places fund (1) directly from an artist after advisory committee review; or (2) from a juried exhibition in this state. (b) The council may not acquire a work of art (1) unless acquisition of the work of art has been approved by an art advisory committee selected by the council; or (2) recommended for acquisition by the art advisory committee if the work of art to be acquired was created by a person serving as a member of the art advisory committee or a member of the council.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; am/readopt 7/1/2011, Register 198

20 AAC 30.726 Alaska State Council on the Arts

20 AAC 30.726. Maintenance of artwork data base. The council will maintain a database of the artwork that is acquired under 20 AAC 30.720 - 20 AAC 30.739 and added to the inventory of the art bank.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

20 AAC 30.729 Alaska State Council on the Arts

20 AAC 30.729. Loans of artwork. (a) A representative of a state office or of a congressional office may select not more than the number of pieces recommended by the council of artwork from the art bank for use or display. (b) The loan is subject to the following: (1) by signing the art bank loan agreement, the borrower agrees to the terms and conditions of the loan of the work of art; (2) the loan is for a period of two years; at the end of the two-year period, the borrower (A) shall return the artwork to the art bank; or (B) may retain the right to use or display the artwork for a second consecutive loan period upon approval of the bank manager.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am 7/1/2011, Register 198

20 AAC 30.732 Alaska State Council on the Arts

20 AAC 30.732. Shipping of artwork. (a) If artwork is to be used or displayed outside of the city in which the collection is located, the council may ship the artwork by the most appropriate and economical carrier. The borrower shall pay for cost of shipping artwork one way. (b) The council will arrange for framing, crating, and shipping of artwork to the borrower. (c) Repealed 9/7/2002. (d) The borrower (1) is responsible for the cost of the shipment one way of the artwork; (2) shall insure the return shipment of the artwork for the value specified on the loan agreement; and (3) shall retain the crate and packing materials supplied by the council or provide for secure packaging for the safe return shipment of the artwork.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; am 9/7/2002, Register 163; am/readopt 7/1/2011, Register 198

20 AAC 30.735 Alaska State Council on the Arts

20 AAC 30.735. Insurance; damage, loss, or theft of artwork. (a) The council will ensure that works of art acquired by the art bank are insured through the state's risk management program. (b) A borrower shall immediately report to the art bank incidents of damage, loss, or theft of an artwork while the artwork is in the borrower's custody.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; readopt 7/1/2011, Register 198

20 AAC 30.739 Alaska State Council on the Arts

20 AAC 30.739. Definitions of terms in 20 AAC 30.720 - 20 AAC 30.739. In 20 AAC 30.720 - 20 AAC 30.739, (1) "art bank" means the Alaska contemporary art bank, an activity of the council; (2) "borrower" means the state agency or congressional office responsible for the artwork during the term of the loan; (3) "representative" means a staff member designated by (A) the director or executive of a state agency to select the artwork on behalf of the state agency; (B) a member of the state's Congressional delegation to select the artwork on behalf of the member's Congressional office.

History

Authority: AS 44.27.052; AS 44.27.060
Eff. 6/28/98, Register 146; readopt 7/1/2011, Register 198

Authority: AS 44.27.052
Eff. 6/28/98, Register 146; am 7/1/2011, Register 198

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 6/28/98, Register 146; readopt 7/1/2011, Register 198

Authority: AS 44.27.052
Eff. 2/10/83, Register 85; am 5/23/85, Register 94; am 6/28/98, Register 146; am 9/7/2002, Register 163; readopt 7/1/2011, Register 198

Chapter 40 Mental Health Trust Authority

Article 1 Fiscal Matters Generally

20 AAC 40.010 Development of mental health budget recommendations to board

(a) The authority will use a two-year budget cycle for the authority's budget recommendations under AS 44.25.270. The first year of that budget cycle is the state's fiscal year that ends in an even-numbered year.

(b) The authority will invite each planning board and other agencies that serve the needs of beneficiaries as the authority considers appropriate to collaborate with the authority in developing budget recommendations to the board to meet the mental health needs of the state for the upcoming budget cycle. Recommendations will be developed for meeting both operating and capital needs to be paid, subject to appropriations, for the following:

(1) base adjustments to the state's general fund appropriations for the comprehensive program between

(A) the various appropriations authorized in the mental health budget appropriation bill; and

(B) the legislature's general fund appropriations that affect beneficiaries, but are not included in the mental health budget appropriation bill;

(2) other changes to the mental health budget appropriation bill, including expenditures from the mental health trust settlement income account.

(d) The participants in the collaboration process may break their efforts into smaller or multiple collaboration groups, as appropriate, to develop budget recommendations for individual focus areas.

(e) Early in the calendar year before the second year of a budget cycle begins, the authority will again invite the planning boards and such other agencies that serve the needs of beneficiaries as the authority considers appropriate to meet with the authority and evaluate whether and how the authority's budget recommendations for that second year should be changed.

History

Authority: AS 44.25.240; AS 44.25.270; AS 44.25.290 AS 44.25.250; AS 44.25.280
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

20 AAC 40.020 Authority consideration and action on budget recommendations

(a) The board will consider the budget recommendations made to the board under 20 AAC 40.010 in light of the authority's guiding principles adopted by reference in 20 AAC 40.040 and the board's understanding of

(1) the mental health needs of the state; and

(2) current issues affecting beneficiaries.

(b) When the board considers the budget recommendations submitted under 20 AAC 40.010, the board will determine whether and to what extent those recommendations should be incorporated into the authority's budget recommendations to the governor and legislature. The authority will then finalize its budget recommendations and submit those budget recommendations as required under AS 44.25.270.

History

Authority: AS 44.25.240; AS 44.25.270; AS 44.25.290 AS 44.25.250; AS 44.25.280
Eff. 10/24/2004, Register 172

20 AAC 40.030 Grant program

(a) The authority will annually determine the total amount of money from the mental health trust settlement income account established by AS 37.14.036 available for grants in support of the mental health program under AS 37.14.041 and 37.14.045. The authority will allocate that total amount between

(1) MHTAAR money;

(2) authority administrative money; and

(3) authority grants.

(b) The purposes and amounts of expenditures of MHTAAR money available for expenditure for a particular fiscal year are determined by approval of the board and inclusion in the mental health budget appropriations bill enacted for that year.

(c) Authority administrative money is money used to meet necessary administrative expenses as described in AS 37.14.041(a)(6) and AS 47.30.056(a)(2).

(d) Authority grants are grants made under 20 AAC 40.200 - 20 AAC 40.270. The purposes and amounts of authority grants are determined by the authority as provided in 20 AAC 40.200 - 20 AAC 40.270.

(e) The authority will consider, as applicable, the guiding principles adopted by reference in 20 AAC 40.040 when taking actions associated with grants under this chapter.

History

Authority: AS 37.14.041; AS 44.25.240; AS 44.25.290 AS 37.14.045; AS 44.25.280
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

20 AAC 40.040 Guiding principles

The Guiding Principles, adopted by the board on May 12, 2009, are adopted by reference.

History

Authority: AS 37.14.045; AS 44.25.280 AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

Article 2 MHTAAR Money

20 AAC 40.100 Administration and operation of MHTAAR money

(a) Subject to the requirements of this section, a designated agency shall administer and operate an award of MHTAAR money in accordance with the administrative and operational procedures and requirements generally applicable to that agency.

(b) Unless expressly authorized by the authority in writing, a designated agency may not use MHTAAR money to supplant the agency's own budgetary or financial obligations.

(1) prepare a written statement of the authority's intent for the use of the money;

(2) make any inquiry that it considers necessary to establish that the agency has sufficient experience and the organizational capacity to carry out the purposes for which the money was authorized; and

(3) establish written reporting and evaluation requirements for the money.

(d) The authority will not authorize payment of MHTAAR money to a designated agency until the agency has agreed, in writing, that the agency will

(1) adhere to and implement the authority's statement of intent for the money;

(2) not use the money in a manner that deviates from the authority's statement of intent for the money without first receiving written approval from the authority;

(3) not use MHTAAR money to supplant the agency's own budgetary or financial obligations;

(4) provide any information to the authority that the authority may request to show that the authority's statement of intent for the money is being carried out, including reports on the progress and current status of the project; and

(5) accept a reduction of the money, including possible termination of the payment of money, if the money is used in a manner that does not comply with the requirements of this section or the purpose of the award.

(e) The authority may reduce or terminate a grant of MHTAAR money and cut off further payment if the designated agency, without prior written approval from the authority, operates the project in a manner that does not comply with the applicable requirements of this section.

History

Authority: AS 37.14.045; AS 44.25.280 AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

20 AAC 40.110 Proposals arising in the legislative budget process

(a) Notwithstanding 20 AAC 40.010 - 20 AAC 40.040, this section applies to any proposal for financing a particular purpose or project that arises from negotiations between the authority and the governor or the legislature in the course of the legislative budget process. These proposals typically arise under short timelines and require a quick response by the authority.

(b) In considering whether to approve a proposal described in (a) of this section, the authority will seek information about the proposal that is reasonably available within the time constraints applicable to the authority's decision.

(c) In deciding whether and in what amount to approve a proposal described in (a) of this section, the authority will consider the proposal in light of its consistency with the purposes of the trust, the authority's guiding principles adopted by reference in 20 AAC 40.040, and the authority's other priorities.

History

Authority: AS 37.14.045; AS 44.25.280 AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172

Authority: AS 37.14.045; AS 44.25.280 AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

Authority: AS 37.14.045; AS 44.25.280 AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172

Authority: AS 44.25.240; AS 44.25.290
Eff. 10/24/2004, Register 172; am 3/12/2016, Register 217

Authority: AS 37.14.031; AS 37.14.041 AS 37.14.036; AS 44.25.240
Eff. 10/24/2004, Register 172

Authority: AS 37.14.007; AS 37.14.009; AS 44.25.240
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202

Authority: AS 44.25.240
Eff. 10/24/2004, Register 172; am 5/11/2012, Register 202