Section 16.10.333. Loans for purchase of Alaska limited entry permits.

   (a) Loans under AS 16.10.310(a) may be made to an individual commercial fisherman for the purchase of a limited entry permit upon certification by the commission that the fisherman is a person who qualifies as a transferee for the permit under AS 16.43 and the regulations adopted by the commission.
   (b) Upon approval by the commissioner, the permit to be purchased may be pledged as security for a loan under (a) of this section, if
        (1) the certificate for the pledged permit lists the commissioner as the legal owner of the permit;
        (2) the certificate for the pledged permit lists the debtor as the equitable owner of the permit;
        (3) all annual permit cards issued under the pledged permit list the name of the debtor;
        (4) all obligations and responsibilities of a permit owner are assumed by the debtor;
        (5) co-signers or other sureties for performance under the note are not vested with any rights in the pledged permit and their obligation is limited to satisfaction of the note and payment of costs directly incurred by the department in administering the loan.
   (c) The commissioner is not liable for any act or omission resulting from permit ownership nor will that act or omission affect the commissioner's title to the permit or the commissioner's rights under it.
   (d) Upon satisfaction of the note by the debtor, the commissioner shall certify to the commission that the note has been satisfied.
   (e) Upon certification as provided in (d) of this section, the commission shall amend the permit certificate to list the debtor as the legal owner.
   (f)   [Repealed, Sec. 34 ch 79 SLA 1985]. 

Authorities

16.10.335;16.10.337;16.10.339;16.10.360;16.43.150;16.43.170;16.43.945;16.43.960;16.43.970

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

20 AAC 05.1735

References

20 AAC 05.1716
20 AAC 05.1718
20 AAC 05.1990
AS 16.10.335 Default and foreclosure.
AS 16.10.337 Deficiencies and transfer of entry permits after foreclosure.
AS 16.10.339 Regulations.
AS 16.10.360 Definitions.
AS 16.43.150 Terms and conditions of entry permit; annual renewal.
AS 16.43.170 Transfer of entry permits.
AS 16.43.945 Commercial fishing privileges exempt from claims of creditors.
AS 16.43.960 Commission revocation or suspension of permits.
AS 16.43.970 Penalties.

History

(Sec. 4 ch 83 SLA 1978; am Sec. 1 ch 106 SLA 1980; am Sec. 8, 34 ch 79 SLA 1985)