Commission Decisions

75-838 Tagaban, Arcadio
CommDec Denied 2/17/88
70.530 0.000

Permit holder had paralyzing stroke in November 1981 and made an emergency transfer of the permit in 1982. Emergency transfer denied for 1983 under rule prohibiting subsequent emergency transfers for the same reason.

75-136 Tagaban, Arcadio, Sr.
CommDec Denied 1/29/80
32.130 23.260 23.432 0.000 23.220 31.150 31.161

The applicant's allergic reactions had subsided by December 1, 1971. The applicant did not purchase a gear license, did not attempt to lease a vessel, and did not contract to purchase a vessel until after the fishing season ended. Points denied for lack of specific intent and lack of unavoidable circumstances. While it is true that special is broader than unavoidable, the only way in which it has been construed as broader is the calendar year exception. In case where the applicant did not participate, he will be held to a standard of unavoidable circumstances. (REVERSED in TAGABAN v. CFEC, 1JU-80-221 CIV. 11 points granted and permit issued 6/23/82.)

99-009-A Tagaban, Edward J. Jr.
CommDec Denied 4/19/99
40.250 0.000

Late-filed hearing request denied. Applicant provided no explanation as to why hearing request was submitted one year and eight months late. CFEC had awarded all of the points claimed by applicant and there were no issues in contention.

75-390 Tamman, Michael
CommDec Classified 3/19/82
20.240 0.000

Waiting in Ketchikan is not being on the grounds and does not qualify for participation credit for Kasaan. Classified at 9 points.

89-213-A Tanape, Criscent Estate of
CommDec Denied 11/16/95
20.110 20.120 23.412 0.000 32.200 50.100 50.210

General or contradictory statements by affiants do not corroborate uncredible applicant and do not outweigh presumption of accuracy of licensing records. Doctrine of "constructive possession" has no authority, but factual situation may justify points under unavoidable circumstances. Not here where applicant said vessel unavailable in several years but no gear license, and records show licensed by others every year, and no evidence transfer intended. For income points JONES case does not look at income in other years, still must show causal connection between circumstances and failure to qualify for income points. Commission will not take official notice of facts not obvious and notorious, especially where contrary position has been argued to commission in other applications. Supplementing record with documents from affiant's application file corroborates some of testimony regarding net purchase sufficient to find gear points for applicant.

89-506-A Tanape, Criscent Estate of
CommDec Dismissed 11/16/95
90.000 0.000

Attorney stated on record that evidence did not support application and appeal could be dismissed.

89-215-A Tanape, Nicholas
CommDec Issued 11/19/90
20.210 30.100 30.320 0.000

Applicant proved he fished as a crewmember in 1965 and 1966, that he owned a vessel on the qualification date, and that he qualified for 4 points for AAO. He failed to prove he fished as a gear license holder in 1970 or 1971. Some of his S01E earnings from 1969 were paid to him in 1970, but since he did not hold a gear license in 1970, he could not get 1970 income dependence points. 75-209 does not apply to him. Applicant qualified for 18 points.

90-102-A Tarabochia, John R., Jr.
CommDec Issued 8/24/99
23.456 31.168 21.100 0.000

Hearing Officer decision vacated and commission found applicant entitled to past and consistent participation points based on unavoidable circumstances and income dependence points based on special circumstances. Cannery reserved a vessel for the applicant to use for the 1971 season. The applicant purchased nets to use for the 1971 season. Prior to the 1971 season, the applicant received a low number in the draft lottery and joined the National Guard. Commission found a preponderance of the evidence demonstrates the applicant would have participated as a gear license holder in 1971 but for his military service. Applicant entitled to income dependence points based on special circumstances of military service and only non-fishing income was military pay which is not counted against him under the formula.

89-226-P Tarr, Betty
CommDec Allowed 2/09/90
70.100 0.000

Permanent transfer originally denied because it appeared permit was being transferred to a corporation, subsequently approved upon cancellation of former agreement and execution of new transfer to an individual.

75-112 Taylor, Albert F.
CommDec Denied 11/13/78
23.270 23.210 23.412 0.000

Without more evidence than gear licensure and a generalized recollection of participation in those years, points for particular years must be denied. The applicant may have hoped to return to the fishery, but did not have a serious, unequivocal and specific intention to do so until 1969. The inherently unavoidable minimum time required to convert his vessel runs from the time his intention became specific. The accidental sinking and damage to the applicant's vessel in 1970 was an unavoidable circumstance. Awaiting a decision on an insurance claim is not sufficient justification for letting an engine sit in saltwater and become ruined. The circumstance is not unavoidable. The applicant's failure to seek alternative means of fixing his vessel or seek alternate vessels indicates lack of specific intent.

97-080-A Taylor, Ernest Estate of
CommDec Denied 9/20/99
10.100 10.200 40.250 0.000

Applicant acknowledged he never had a ring permit; denied as ineligible. Said in hearing request that Fish & Game knew he was fishing rings and pots from registration forms and should have told him he needed a ring permit as well as a pot permit. Registrations, fish tickets, permit apps. all added to file, nothing about rings until October, 1991. But even if he got maximum points for 91, 8, too few for transferable permit, so after his death, no issue for hearing, hearing request denied. State had no obligation to advertise ring permit required, regs hold fisherman liable for knowledge of regs. Even if CFEC employee told him to apply knowing he hadn't fished, remedy is not points on application so not an issue here.

98-118-A Taylor, Lee J.
CommDec Issued 9/20/99
21.600 0.000

Consistent participation points denied where applicant failed to meet either the poundage or statistical weeks threshold. Nontransferable permit issued.

88-128-A Taylor, McCoy
CommDec Ineligible 5/05/00
10.100 10.300 0.000

Applicant did not file fish tickets for his dock sales of crab, so no participation credit or eligibility to apply.

88-129-A Taylor, McCoy
CommDec Ineligible 5/05/00
10.100 10.200 0.000

Applciant did not prove he participated in the fishery as the holder of an interim-use permit before the qualification date. There was no opening during the only year he held an IUP.

87-017-A Taylor, William, III
CommDec Issued 5/20/88
10.290 20.190 21.900 0.000 32.200 33.200

Although applicant fished in 1980 with inappropriate IUP, administrative error by CFEC was found and applicant was determined eligible to apply and participation points awarded. Per testimony and settlement sheet, applicant met threshold for income dependence -- points awarded. Tax return and licensing records did not corroborate his claim of vessel ownership -- points denied. Testimony, shipping bill, and cancelled check established applicant's ownership of gear -- points awarded. Testimony, sworn affidavits, and personal checks drawn on Kodiak bank account on dates near qualification date were sufficient to establish by a preponderance of the evidence applicant was domiciled in Kodiak -- AAO points awarded.

89-084-A Temple, Thomas W.
CommDec Issued 7/08/94
21.600 21.900 30.350 0.000 32.200 33.200

Commission awarded consistence points for 1980 based on the record in ROLLINS. That record provides sufficient corroboartion to conclude that the applicant made landings of his own on a separate vessel in at least 2 five-day periods. Insufficient evidence submitted to justify award of investment points, points for availability of alternative occupations, and income dependence points.

75-077 Templeton, Phillip C.
CommDec Denied 4/30/76
23.900 20.130 31.163 0.000

The applicant fished in a partnership with his brother from 1969 on. In 1970, 73, and 74 the applicant held the gear license, while in 1971 and 72 it was in his brother's name. Which brother held the license was purely fortuitous. This is not an unavoidable or special circumstance. The partner of a gear license holder suffers no hardship from exclusion since he may continue to fish as a partner. While he is not the legal holder of the permit, the law of partnership would make him an equal beneficial owner. The hardship-exclusion clause cannot be read to issue two permits where there was previously only one unit of gear. REVERSED in CFEC v. TEMPLETON, 508 P.2d 77

97-013-A Terracciano, Frank
CommDec Issued 6/29/99
20.230 20.600 0.000

Fish tickets that were filed more than seven days after harvest of crab by applicant who made dock sales were accepted because Haines ADF&G office extended the seven day requirement. Soft crab that were returned to the sea do not count as a commercial harvest.

89-408-A Terrell, Clecia
CommDec Issued 3/06/92
20.190 0.000

Minor fished as gear license holder but her parents failed to buy her a commercial license during some years. Failure to hold commercial license excused for same reason as in CFEC 75-7 and gear license participation points awarded.

93-065-E Terry Hawkins
CommDec Denied 12/06/93
70.511 0.000

While fishing the permit holder suffered a broken rib, however he continued to fish with the help of extra crew. When the season slowed down the crew left and the permit holder was unable to find new crew members. After the hearing discrepancies surfaced and the permit holder could not be reached to clarify the questions. The transfer was denied when the permit holder did not meet his burden of proof.

75-852 Tetpon, Walton
CommDec Denied 11/09/84
10.520 0.000

Misadvice did not excuse applicant's late application because it was not certain whether the alleged misadvice occurred before or after the application deadline. Applicant had submitted a "yellow card" request for an S03T permit but not an S04T.

85-111 Teuber, Andrew
CommDec Classified 12/01/86
20.200 30.350 32.120 0.000 33.100

In 1979, the applicant completed preparations and departed Kodiak with licenses, vessel, gear and crew. Engine failure required vessel to be towed to Kodiak. No commercial harvest. Unavoidable circumstances not recognized. Applicant met burden of proof for vessel, gear, AAO, and income dependence points. Applicant qualified with 35 points and Commission unable to determine if this sufficient for issuance of a permanent permit as of date of decision.

75-086 Thatcher, Steven
CommDec Issued 6/22/76
23.414 23.310 0.000

During the 1970 season the applicant became aware of problems with electrolysis and hull rivets working lose. He was advised not to fish the vessel again. It was reasonable that on expert advice he did not attempt to repair the vessel. Past and consistent participation points awarded for 1971.

00-029-E Thomas, Danny
CommDec Allowed 12/28/00
70.511 0.000

Permit holder intended to fish salmon but could not after injuring his shoulder halibut fishing. Permit holder's doctor diagnosed a torn rotator cuff and recommended physical therapy and rest for his shoulder. Permit holder is purchasing a vessel and needs to make a payment. A financial hardship would result if permit were to remain idle. Permit holder intends to take care of a ill grandfather since he is unable to fish. Permit holder intends to fish when shoulder is better.

75-464 Thomas, Donald
CommDec Accepted 1/10/86
10.530 0.000

Applicant established by a preponderance of the evidence that he in fact timely mailed an application to the Commission which was then lost in the mails.

88-045-A Thomas, Donald
CommDec Issued 6/03/88
20.400 32.200 0.000

Testimony, bill of sale, and repair bills proved that applicant owned vessel on qualification date. He proved that military service caused him to miss two (2) fishing seasons, so points awarded under 20 AAC 05.650(b).

85-062 Thomas, John
CommDec Issued 7/19/86
32.200 33.200 0.000

Applicant produced documentary evidence and proved that he owned vessel and gear and was domiciled in Kodiak.

88-080-E Thomas, John F.
CommDec Denied 6/20/88
70.511 70.519 70.900 0.000

Emergency transfer denied where evidence failed to establish unavoidable hardship. Applicant claimed that his medical condition was such that he could drift gillnet but not set net. In addition to a failure to prove that his medical condition would allow him to fish in one fishery but not the other, applicant failed to overcome the Commission's policy that emergency transfers cannot be used to put a person in a better position than he would be in if healthy, i.e., a permit holder cannot get income from two fisheries when he would only be able to fish one if healthy.

01-010-A Thomas, Scott D.
CommDec Remanded 8/03/01
80.110 80.190 90.000 0.000

Commission reversed hearing officer's dismassal of this case and remanded the application to the hearing officer to conduct further proceedings as necessary in order to reach the merits of the application. Commission found paralegal had authority to reconsider decision and until the time allowed for reconsideration has passed the commission may reevaluate the merits of any point claim and the applicant contiunues to bear the burden of proof. MOORE, SUYDAM. Hearing officer dismissed proceedings because commission staff attempted to take away an issued permit through improper procedure following a report that the applicant submitted false information. The staff vacated points under an order of reconsideration, effectively revoking the permit, when it should have initiated show cause proceedings. It was not seeking to reconsider its prior decision. It was making a new decision based on new evidence of wrongdoing by the applicant. The decision also questions whether commission staff has authority to reconsider point issuance in a case such as this.

75-009 Thomas, William A.
NoDecision Moot 5/20/75
22.100 23.456 40.400 0.000

Commission decision denied permit because record did not establish applicant's crew participation in 1966 or preclusion from the fishery in 1967 and 1968 due to induction into the military. Additional evidence was submitted that mooted these issues.

90-034-A Thomason, Joleene
CommDec Denied 6/26/90
22.200 23.414 23.432 0.000

Crewmember point for 1971 denied because applicant did not buy a commercial fishing license. Ignorance of license requirement does not excuse unlicensed fishing. 1972 participation and income dependence allowed because combined circumstances of illness of applicant and her family, and salvaging a vessel that had hidden structural damage delayed her entry into the fishery until 1973. Consistent participation credit denied because her subsequent practice was not to fish consistently. Applicant and her husband co-owned two power troll vessels on qualification date. Full credit awarded for investment in a vessel.

98-025-A Thomassen, Robert
CommDec Denied 10/02/98
40.250 0.000

Applicant requested hearing nearly nine years after classification notice with notice that hearing must be requested within 45 days. Denied as late. Also denied for failure to state a genuine issue since no grounds given and all points claimed had been granted. Request for reconsideraton denied, commission's decision governed by NODEN and MINER.

89-543-A Thompson, James
CommDec Issued 3/06/90
30.350 32.200 0.000

RUTTER application. Applicant did not file income tax returns in 1977 or 1978 because his income did not reach the minimum that required filing. At hearing he proved that he had no non-fishing occupational income in 1977 or 1978, and thus qualified for income dependence credit. He proved he owned a hand troll vessel on the qualification date.

75-761 Thompson, Rhonda A.
CommDec Ineligible 6/06/86
10.200 10.300 0.000

An ISAKSON applicant who was born in 1972 was found not to be eligible to apply because it would have been physically impossible for her to have harvested the fishery resource commercially in 1974 when she had no gear license; therefore, it would have been legally impossible for her to qualify even if she could have made landings. Explicitly overrules standard set out in CFEC File No. 75-539 for eligibility determinations.

91-110-A Thompson, Richard L.
CommDec Denied 9/09/91
10.590 40.210 0.000

Applicant offered no reason to explain why his application was submitted 16 years late. His reasons for requesting a hearing have no relevance to the lateness of his application or to his own qualifications. Accepting his late application would also violate 20 AAC 05.515 barring CFEC from accepting any applications after the maximum number of permits have been issued or after permits have begun to be issued under 20 AAC 05.550(c). There is no genuine issue of fact, law or discretion that could be considered at hearing so hearing denied.

89-080-A Thompson, Ronald G.
CommDec Issued 5/30/89
32.200 33.200 0.000

Applicant established ownership of a herring gill net to be used in the fishery. Applicant also established that he resided in Kodiak on 1/1/81, qualifying him for 7 AAO points.

75-187 Thompson, Stanley
CommDec Denied 12/14/76
20.110 0.000

The applicant claimed active participation as a gear license holder in 1972 but was unable to prove this claim by a preponderance of the evidence. State records indicated he held only a commercial license in 1972. His point claims were, therefore, denied.

87-098-E Thomsen, Jurgen
CommDec Allowed 10/20/87
70.520 0.000

Second emergency transfer allowed for same reason as in 1986. Extraordinary circumstances found in his attempt to return to fishing in 1987 and his lack of actual notice of the restrictions in 20 AAC 05.740(i).

75-409 Thoreen, Harold A.
CommDec No Action 11/10/82
80.110 80.400 0.000

The Commission rejected the recommendation that the respondent be barred from practice before the Commission for his part in what the hearing officer classified as a lease of a permit. Subsequent to the recommended decision, Alaska Superior Court ruled that the transaction was not a lease, thereby mooting consideration of this by the Commission. The Commission found that either the respondent had adequately rebutted the charges of providing false information to the Commission in connection with a permit transfer or that the Commission failed to meet its burden of proof.

89-210-A Thorsen, Trygve
CommDec Denied 11/22/91
20.110 0.000

Before the applicant can receive any points, he must first receive participation points in one of the years 1982 -- 1984. Applicant did not claim to have participated during these years and presented no evidence of participation during one of these years.

75-334 Thorson, Theron
CommDec Issued 4/29/81
22.100 32.120 0.000

The applicant was awarded crew participation points based upon commercial license records and the testimony of his brother that the applicant fished as his crewman (the brother's participation was verified). The applicant was awarded 6 points for ownership of a vessel. Testimony of his brother and father established that his father gave him a skiff in 1965 which he licensed as late as 1971, indicating that he was owner of the vessel. In 1971 and 1972 applicant was serving military duty and his brother licensed the skiff as owner for a cousin's use. Testimony of the brother, father and cousin indicated that the applicant still owned the vessel on the qualification date despite the brother's assertions to ownership.

95-013-E Thrall, George F.
CommDec Denied 7/07/95
70.531 0.000

Permit holder is 73 years old and unable to fish. Had emergency transfers in two years, sought a third because unable to sell permit. Held lack of market is not an extraordinary circumstance. Said he had buyer looking for financing but facts did not bear this out. He also said that medical bills caused economic hardship that should count for extraordinary circumstance. Held, economic hardship is not an extrordinary circumstance, otherwise many would qualify resulting in classes of lessors and lessees, a situation to be avoided in the limited entry permit system.

75-500 Thrapp, Donald
CommDec Denied 4/26/83
33.100 23.432 23.240 0.000 23.413

The applicant submitted substantial evidence of his domicile in Kenai prior to October 1972, when his family moved to Anchorage. AAO points denied. Evidence of the seriousness of the applicant's back problems in 1971 and 1972 is equivocal. The applicant in 1972 pursued another line of work and purchased a vessel and gear license that year only in case nothing else came through. Points for 1972 denied. The applicant's outboard motor broke down in 1970 and he was unable to repair it or find a substitute for 1971. Participation points granted. Income dependence points denied for insufficient evidence.

75-572 Thurmond, Clinton
CommDec Denied 4/19/83
23.418 0.000

The applicant did not fish in 1974 because there was no market available. This was not an unavoidable circumstance, but an economic decision. -----APPEALED 10/05/83. Stayed pending DEUBELBEISS regulations on 3/28/85.

88-198-A Thynes, Peter
CommDec Denied 3/14/89
40.250 10.590 0.000

Applicant submitted a late application. Hearing request denied under Miner.

97-098-A Thynes, Troy S.
CommDec Issued 3/06/98
21.100 21.600 0.000

Applicant awarded points for consistent participation in 1990 upon proof that he harvested the fisery resource in at least eight statistical weeks. While he did not make deliveries in that many weeks, his evidence established that he did harvest the recource in at least eight weeks and that, on occasion, he kept his catch in brailer bags and delivered tham with his next harvest.

75-853 Tibbetts, Mary
CommDec Eligible 5/17/91
10.100 0.000

Affidavit of former employee of BBNA which had been contracted by the CFEC to assist rural applicants for limited entry permits was found credible. It indicated that affiant had told applicant she would not have enough points to qualifiy for a permit.

92-118-E Tikiun, Henry, Sr.
CommDec Allowed 9/28/93
70.510 0.000

An emergency transfer was allowed when it was established that an unavoidable hardship existed. The permit holder wished to permanently transfer his permit to his father. However, a number of problems prevented the permanent transfer from taking place before the season: the permit holder filed a Notice of Intent but it was not effective until after the fishing season; the permit holder joined the Marines, so that it was difficult for ALSC and his family to communicate with him in a timely manner; the language barrier hindered the father's understanding of the rules pertaining to transfers; and the family lives in a remote village making communication with the outside difficult. Furthermore, if the permit is not fished, the family will suffer financial hardship.

87-067-E Tilbury, Steven
CommDec Allowed 9/15/87
70.511 0.000

Inconsistencies in the materials presented to the Transer Officer were clarified at hearing and the emergency transfer was granted due to medical reasons.

89-173-R Tilbury, Steven A.
CommDec Settled 9/19/89
80.150 0.000

Respondent entered into a settlement agreement requiring him to pay $15,000.00 to the State. The notice to show cause action was dismissed.

89-172-R Tilbury, Virginia A.
CommDec Settled 9/19/89
80.150 0.000

The action against the respondent was dismissed after she entered into a settlement agreement with the Commission requiring her to pay a total of $5000.00 to the State.

75-806 Tilden, Thomas
CommDec Issued 2/28/86
21.100 0.000

Fish tickets verified 2 weeks of participation in 1970. Applicant fished during additional weeks. He transferred to another district but failed to establish a market; sold his fish through other fishermen. Witnesses corroborated his actual participation. Applicant proved he fished consistently.

75-338 Tillion, Marjorie Ellis
CommDec Denied 11/23/81
23.210 0.000

The applicant claimed that her intent to fish as a gear license holder was frustrated by the death of her intended partner, and then a rib injury. The facts that no gear license was purchased prior to April 15, though her partner died later, that the vessel she claims they were going to use was licensed for use by its owner who did not provide an affidavit supporting her claim, and the dory she claims she then intended to fish herself was not purchased until after the season, do not support a finding of specific intent. Her claims on three different applications that she crewed in 1971 and 1972 to gain experience and get her boat and gear also indicate lack of specific intent to fish as a gear licensee.

88-124-A Tillion, William
CommDec Denied 10/24/88
20.130 31.110 0.000

Just being "in charge" of a fishing operation does not warrant gear license holder participation points for a fisherman who did not hold a gear license. Income dependence credit claimed under JONES but denied because applicant gave no explanation about why he did not fish in 1971 and 1972 but was relying on non-fishing occupational income instead.

94-038-A Tinker, Benjamin
CommDec Granted 6/13/94
20.210 0.000

Testimony of witness that he sold kelp for applicant sufficient to receive participation points.

89-458-A Tison, Kenneth F.
CommDec Issued 3/19/02
50.220 50.500 32.200 0.000

Applicant claimed that his 1975 sablefish landings were comprised of both inside and outside catches, even though he had hailed them as outside catches. This misrepresentation was allegedly intended to create an American presence offshore in order to protect Alaska's longline fisheries from the Japanese. Hearing officer found that this deceit placed the applicant's credibility at issue and his claim for past participation points was denied. The commission found that the applicant's credibility in this case was not undermined by his admission. Points for 1975 were remain denied because of lack of evidence corroborating his claim. Applicant claimed that he had purchased a vessel prior to January 1, 1985, but documentary evidence indicates that he merely held a 7-day old leasehold interest; vessel investment points were thus denied. Applicant also failed to meet his burden of proof regarding ownership of another vessel and so vessel investment points were again denied. Commission awarded points for 1981 skipper participation points based on extarordinary circumstances. The applicant injured his ankle on November 22, 1980. Medical records indicate applicant still suffering from injury during the 1981 season. The applicant did not participate in any commercial fisheries from the time of his injury in November 1980 until the last two weeks of December in 1981. The applicany had participated in the fishery for four years prior to his injury and returned to the fishery in 1984.

89-459-A Tison, Kenneth F.
CommDec Denied 3/19/02
24.410 20.270 0.000

Applicant's claim that he was unable to fish for sablefish during 1980-83 because of a leg injury was not supported by the record. Additionally, the injury took place after the 1980 fishery season had ended and the applicant had participated in other fisheries, but not the sablefish fishery, during 1980-83. Applicant's extraordinary circumstances claim for past participation points was denied. Commission affirmed hearing officer's denial of points and found that while there was some evidence the applicant's injury may have prevented his participation in 1981, the fact the applicant had only one year of participation in the fishery prior to the injury and did not return to the fishery in 1984 (he did return to the Chatham fishery in 1984) outweighed his testimony that he would have fished in the Clarence Straits fishery in 1981 but for his injury.

93-085-A Togiak, Alex
CommDec Denied 6/20/94
20.210 0.000

Applicant had permit in two years and brothers swore they made sales for him, but in one year his permit arrived too late for season and he testified that he did not kelp that year. Records confirm that year was 86 so only actually kelped in one year and permit denied.

89-091-A Togiak, Antone
CommDec Denied 8/10/92
40.400 0.000

Application denied where only 12 points claimed and 17 required for issuance of an entry permit in the fishery.

75-830 Togiak, Peter
CommDec Issued 10/26/01
31.163 22.220 22.900 0.000

The applicant was a minor during the years 1965 to 1968 and depended on his father and other adults to obtain his licenses. He received one point for crew participation for each of these years. The applicant did not hold a commercial license for 1972 but fished in a partnership wiht his brother. The hearing officer found that the applicant fished in a partnership with his brother in 1971, but denied points for 1972 becuase he did not hold a license. The commission found the applicant reasonably relied on the cannery to secure his licensing and awarded a point for 1972 crew participation. He received income dependence points for 1971 and 1972 based on his participation as a partner with a gear license holder.

89-017-A Tolbert, Bertha T.
CommDec Issued 11/05/90
10.100 21.100 30.340 0.000

Applicant found eligible to apply and awarded participation points for fishing in 1972 as a gear license holder with her son and having her landings made under her brother's gear card. No consistency points awarded where she started late in the season and only testified that she "probably" had landings in three weeks. Income dependence points awarded where she was entitled to receive one half of the money for fish caught by her and her son but let him keep it all to use for college expenses. Investment points denied where she only proved that her use of a set net site was uncontested, not that she owned it.

95-041-E Tolva, Michael
CommDec Allowed 12/29/95
70.511 0.000

Transferor requested an emergency transfer soon after receiving the permit. The emergency transfer was allowed when it was found that the transferor intended to fish, however, he was recovering from chemotherapy treatments and had become fatigued after working on extensive vessel repairs. His doctor recommended he slow down, rest, and he should be recovered next year and have no problem fishing in the future.

92-060-A Tom, Pete
CommDec Issued 1/27/93
32.120 32.310 24.480 0.000 24.500

Applicant established that he owned and used a vessel in the fishery in 1985, owned that same vessel on January 1, 1987, and continued to own that same vessel in October, 1992. Applicant claimed he planned to use an unidentified skiff in the fishery in 1986 but could not get to the ocean prior to the fishery because of the ice conditions in the Kiana River at Chefornak. Others in the village towed their vessels to the ocean prior to the fishery by snow machine. Applicant failed to establish that the icing conditions in 1986 were extraordinary circumstances or that he had made all reasonable efforts to participate in the fishery. Applicant also claimed that his inability to repair the lower unit of his enginme prior to the 1986 fishery because of his lack of money for the new parts kept him from fishing. Extraordinary circumstances not established as this condition is specifically exempted from consideration by 20 AAC 05.724(b). Applicant received 0 points for 1986 extraordinary circumstances and 10 additional points for vessel ownership economic dependence, finally classified with 58 points and issued an entry permit.

88-048-A Tomrdle, Tom
CommDec Denied 7/18/88
40.250 10.300 0.000

Hearing request denied where no genuine issue presented. The applicant held a valid interim-use permit for the fishery but did not commercially harvest kelp from a herring pound operation. He harvested wild herring spawn on kelp in an area that was not open to herring pound operations.

90-073-E Tonn, Michael
CommDec Allowed 12/27/90
70.532 0.000

Subsequent year emergency transfer allowed where the record at hearing established that a new hardship, injury to hand in a climbing accident, was the proximate cause for the 1990 request.

90-071-E Tony, James
CommDec Allowed 12/27/90
70.519 0.000

Combination of moral obligation to sister and parents living in a remote village and the recent finding of permanent employment in Anchorage after a five-year search where the employment did not allow for a leave of absence so he could personally fish his permit until the expiration of a one-year probationary period found to be unavoidable circumstance and emergency transfer allowed to sister who would use the income for her and parents' support in village.

97-093-A Torgramsen, Karl J.
CommDec Issued 5/10/99
20.210 20.220 20.900 0.000

Applicant failed to appear so decision based on record. No fish ticket record for applicant but cannery provided 4 tickets for 1995. No suggestion of fraud. Tickets appeared to be handled properly and found to be a valid record of applicant's shrimp harvest even though missing from Fish & Game data base. Question of legality because applicant received a citation for illegal mesh on pots. Where applicant was one of several who ordered pots and unaware of problem, violation was a misdemeanor with $250 fine, and others received points because commission wasn't aware of their citations, applicant would not be treated differently because he disclosed citation.

75-808 Torgramsen, Siguard, Sr.
CommDec Denied 7/12/94
23.200 0.000

Participation and consistency points denied where the applicant's claims did not meet the three part test. The applicant didn't establish an intent to participate. ADMINISTRATIVE REVIEW DENIED.

75-156 Torgramsen, Wm. S.
CommDec Denied 11/09/76
50.500 0.000

No additional evidence was submitted after the hearing was granted and the application was denied for failure to meet the burden of proof.

89-496-A Torsen, Fred, Estate
CommDec Denied 11/21/94
50.220 20.110 23.240 0.000 23.454 31.120

Point awarded for past participation in 1961 where landings records are missing and applicant had history in fishery prior to and after 1961 and no evidence suggested he did not fish in 1961. Points denied for past participation in 1967 where no landings were shown and applicant had nonfishing job throughout year. Unavoidable and special circumstances denied for 1969-1972 where evidence supported a finding that the applicant retired from the fishery after 1968 (when he was 64). Furthermore, he incurred a permanent disability at some point that would have precluded the award of points under the Ward rule even if he had not voluntarily left the fishery.

85-014 Totemoff, Ronald
CommDec Allowed 6/06/85
70.131 0.000

Permanent transfer was allowed where transferee overcame presumption that an applicant under 16 years of age is presumed unable to participate actively in the fishery, under 20 AAC 05.730(d).

98-090-E Towarak, Merle
CommDec Denied 12/10/98
70.519 0.000

ET denied because "hardship" under 20 AAC 05.1740(b) does not include economic decision to work on processor instead of fish permit.

90-047-A Toyukak, Leona
CommDec Denied 11/01/91
40.250 55.100 0.000

Application for an interim-use permit denied where applicant did not hold an interim-use permit during the qualifying period. Applicant was asked three times to provide an explanantion of the information she would present at a hearing to establish her eligibility. She failed to provide any information to establish there was a genuine issue in contention that may be addressed at a hearing. Her hearing request was denied.

90-046-A Toyukak, Teresa
CommDec Denied 11/01/91
55.100 40.250 0.000

Application for an interim-use permit denied where applicant did not hold an interim-use permit during the qualifying period. Applicant was asked three times to provide an explanantion of the information shw would present at a hearing to establish her eligibility. She failed to provide any information to establish there is a genuine issue in contention that may be addressed at a hearing. Her hearing request was denied.

75-163 Tracy, Anna M.
CommDec Denied 8/12/76
50.500 0.000

The applicant was granted a written hearing but submitted no evidence. His application was denied for failure to meet his burden of proof.

90-220-A Traxinger, Paul
CommDec Denied 10/16/98
33.400 50.600 40.900 0.000

Applicant timely applied for a permit and his application was denied in 1976. Eight years later, the applicant applied for and received additional points under DEUBELBEISS. At the same time, the applicant attempted to reopen his denied crew participation claim for 1971 and to present for the first time a new claim. Applicant's request for a hearing on claims denied as untimely. Commission affirmed citing NODEN, WILSON, and ESSEX. Reconsideration denied.

75-312 Tressler, David P.
CommDec Denied 5/29/80
10.100 50.500 0.000

The record contained no evidence to support the applicant's claim of eligibility in either fishery. Because he failed to meet his burden of proof, both applications were denied.

89-325-E Tretikoff, Evon, Sr.
CommDec Allowed 12/31/89
70.500 70.531 0.000

Extraordinary circumstances found to exist to justify a transfer for a second year where applicant was told (erroneously) that he was fit to fish.

89-297-A Tretikoff, Gregory (Estate)
CommDec Denied 11/22/96
20.210 20.220 23.432 0.000 32.200 33.200

Points denied for participation in early 1960's due to vague, contradictory, erroneous, and inconclusive evidence. Points denied for participation and income dependence in later 1960's and early 1970's because applicant was permanently disabled. Points denied for investment in a set net site and gear due to insufficient evidence. Points denied for availability of alternative occupations due to insufficient evidence. One point awarded for participation as a gear license holder in 1960 upon proof that he held a license and had landings in the fishery.

89-326-E Tretikoff, John J.
CommDec Allowed 12/31/89
70.520 70.531 0.000

Extraordinary circumstances found to exist to justify a transfer for a second year where permit holder was (erroneously) told that he was fit to fish.

75-359A Triber, F. P.
CommDec Not Accepted 3/02/82
10.530 50.500 0.000

The applicant claimed he actually filed timely applications but that they must have been lost in the mails because they were not received by the Commission. The evidence in the record was inconsistent and contradictory and the applications were rejected because the applicant did not meet his burden of proof.

75-359B Triber, F. P.
CommDec Not Accepted 3/02/82
10.530 50.500 0.000

see 75-359a

75-359C Triber, F. P.
CommDec Not Accepted 3/02/82
10.530 50.500 0.000

see 75-359a

87-071-E Trickett, Robert L.
CommDec Allowed 9/14/87
70.531 0.000

Extraordinary circumstances (good faith but unsuccessful attempt at holistic healing) found to exist to justify an emergency transfer for same reason used the previous year. Permit holders put on notice that holistic healing methods, if attempted in preference to quicker cures such as surgery, should not be undertaken without expert guidance.

80-001 Trimburger, Donald J.
CommDec Dismissed 4/14/81
80.100 80.120 0.000

Dismissed as AS 16.43.355 speaks only to entry permits and the permit involved in this show cause proceeding was an interim-use permit.

75-755 Trotto, Thomas
CommDec Denied 5/13/86
23.410 31.161 0.000

Applicant claims the refusal of his crewmembers to accompany him to Alaska and ADF&G's forecast of a poor salmon run constituted unavoidable circumstances preventing his intended participation. However, he made no attempts to find other crewmembers which constituted a failure to make all efforts reasonably possible and a decision not to participate due to poor predictions is a free economic choice. Being unable to establish unavoidable circumstances, his claim for income dependence under a special showing also failed.

94-023-A Troxell, Nicholas
CommDec Issued 7/05/94
22.100 32.200 33.200 0.000

Applicant qualified for a permit by proving facts to support his point claims for crewing, owning a vessel and gear, domicile in Kodiak, and income dependence.

75-250 Trygstad, Bruce
CommDec Denied 2/03/77
23.415 23.310 0.000

Although the applicant made as much effort as was possible to obtain a boat from a processor through a lease arrangement, there was no apparent effort to return to the fishery through alternative means. The difficulty in transporting his own vessel to Bristol Bay from Seward could have been overcome.

89-306-A Trygve, Olsen
H.O. Issued 9/23/91
20.210 20.400 22.100 0.000

1960-61 participation based on military service denied where applicant had not participated as a gear license holder in the fishrey prior to his 1958 Navy enlistment. Other past participation points as gear license holder and crew granted based on preponderance of the evidence.

75-025 Tucker, Raymond C.
CommDec Denied 8/21/75
23.416 0.000

The applicant undertook the conversion of a building he owned to apartments. When the conversion costs greatly exceeded the estimates, the applicant sold his fishing vessel and gear to raise the required capital. It was not unreasonable for the applicant to enter the conversion process since there was no expectation that it would affect his fishing activities. He attempted to reduce the costs by participating in the process himself. If he had not sold his fishing vessel it likely would have been foreclosed on. Unavoidable circumstances points awarded for 1970, but denied for 1971 and 1972. OVERRULED by 75-429.

93-088-A Tugatuk, Christian
CommDec Denied 12/27/93
20.600 0.000

Application denied because applicant picked kelp in only one year, where threshold of two of three years (1986-88) is required.

75-357 Tukaya, Walter W.
CommDec Issued 8/27/02
30.100 31.163 32.120 0.000

Citing TEMPLETON & CHOCKNOK re law governing award of income dependence points to partner of gear license holder, and relying on commission decisions WASSILY, CFEC 94-017 (1997); BAVILLA (Thomas), CFEC 75-796 (2002); BAVILLA (Henry), CFEC 94-016 (1999) and BYAYUK, CFEC 94-018 (2002), h.o. held that applicant proved he was partners with his father (only gear license holder) in 1971 & 1972; I/D points awarded for those years. However, points for vessel & gear investment denied where applicant's testimony that he believed he held ownership interest was only evidence to support claim, and contrary documents in record. S03T application finally classified with 22 points; entry permit awarded. Commission affirmed hearing officer's award of income dependence points, but did not adopt the hearing officer's conclusion to deny vessel investment points. Commission found objective corroboration of applicant and father's claims regarding the applicant's ownership interest in the vessel. However, because vessel investment points are not requuired for issuance of the permit, the commission found the investment in vessel and gear claims are moot.

92-067-A Tulik, Camillus
CommDec Issued 4/02/93
32.120 32.130 32.400 0.000

The applicant established that he owned ADF&G #50870 prior to the qualification date, used that vessel in the fishery and continued to own that vessel after the qualification date.

95-049-A Tulik, Phillip
CommDec Issued 3/17/98
20.100 20.110 22.200 0.000

State records showed applicant purchased commercial license after crewing in 1985 fishery. Nonetheless crew points awarded based on evidence of faulty records during that period in Westward herring fisheries where vendors sold commercial licenses, Dept. of Revenue coordinated, and data capture errors said by ADF&G to have occurred. Additionally, credible witnesses testified that applicant held commercial license when crewing in 1985 fishery.

75-179 Turkington, Robert
CommDec Denied 9/16/76
30.310 0.000

The money realized from the sale of real property was determined to be investment income and not non-fishing occupational income. The applicant was consequently awarded income dependence points for 1972.

88-200-A Turner, Donald
CommDec Classified 4/16/90
20.600 23.458 30.600 0.000

Applicant's last participation in fishery before qualification date was in '79 /80 season. He did not qualify for participation points because he had not participated in the 1980/81, 1981/82 or 1982/83 seasons, but he qualified for economic dependence points because his earnings during the 1980 portion of the 1979/80 season exceeded the $500 threshold. He proved he owned a vessel and gear on the qualification date, and that he qualified for 10 relative income dependence points. He did not fish after 1980 because he entered into an employment contract with a logging company, and this did not allow him time to fish. This was an ordinary business decision, not an extraordinary circumstance; special showing of participation denied. Classified at 25 points.

85-051 Turner, Donald W., Jr.
CommDec Allowed 3/21/86
55.200 70.519 0.000

Emergency transfer from father to son approved because the IUP holder was bound by a contract that precluded his participation in the fishery. Contract was made prior to the decision to limit the fishery and IUP holder is in danger of losing his vessel if the permit cannot be fished. Transferor intends to permanently transfer his permit to his son but, due to administrative delays in establishing the final status of the fishery, a permanent transfer option is not yet available. The Commission will not stand in the way of an emergency transfer under these circumstances.

75-185 Turner, Roy
CommDec Issued 10/29/76
23.200 23.414 0.000

The applicant purchased a gear license for the 1971 fishery but did not participate because he did not think his open skiff was adequate for the fishery. Unavoidable circumstances were not found because it is every fisher's responsibility to find a boat suitable for the fishery. The applicant's intent in 1971 was too general for the test for unavoidable circumstances. Vessel problems encountered after the applicant began fishing in 1972 were found to constitute unavoidable circumstances that prevented consistent participation. Two additional points were awarded accordingly.

75-378 Tweto, James B.
CommDec Allowed 7/30/81
70.510 0.000

It was determined that at the time of licensing, the permit holder was unaware that his medical condition would preclude participation.

93-042-E Tweto, Ron
CommDec Allowed 4/19/94
70.511 0.000

The permit holder requested an emergency transfer about a month and a half after receiving the permit by permanent transfer. The permit holder injured his back while fishing and wanted his wife to fish the permit. The record supports a finding that the permit holder intended to fish, but could not continue fishing due to the severe back strain he received while fishing.

75-022 Tyler, Garth
CommDec Denied 8/21/75
32.300 31.120 0.000

Vessel ownership credit requires actual use in the fishery prior to the qualification date or actual intention of use in the fishery as of the qualification date. Capability of use is not the criteria for vessel ownership credit. The applicant did not demonstrate the specific intent to participate in the fishery. He did possess power troll gear, evidencing a very general intent, but did not have that gear immediately available to him, nor a vessel available to him for use in that fishery.

89-237-A Tyler, Garth A.
CommDec Classified 6/12/92
32.430 0.000

All 15 points awarded to applicant for investment in vessel where wife's name was on title as joint owner with right of survivorship merely for convenience. She was not a participant in the fishery nor an applicant for an entry permit for the fishery.

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