Alaska Statutes (Last Updated: January 11, 2017) |
Title 16. FISH AND GAME. |
Chapter 16.43. REGULATION OF ENTRY INTO ALASKA COMMERCIAL FISHERIES. |
Article 16.43.02. ENTRY PERMIT SYSTEM. |
Section 16.43.170. Transfer of entry permits.
Latest version.
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(a) Except as provided in AS 16.10.333 - 16.10.338 and in AS 44.81.231 - 44.81.250, entry permits and interim-use permits are transferable only through the commission as provided in this section and AS 16.43.180 and under regulations adopted by the commission. An involuntary transfer of an entry permit in a manner inconsistent with the statutes of this state and the regulations of the commission is void.
(b) Except as provided in (e) of this section, the holder of an entry permit may transfer the permit to another person or to the commission upon 60 days notice of intent to transfer under regulations adopted by the commission. No sooner than 60 days nor later than 12 months from the date of notice to the commission, the holder of an entry permit may transfer the permit. If the proposed transferee, other than the commission, can demonstrate the present ability to participate actively in the fishery and the transfer does not violate any provision of this chapter or regulations adopted under this chapter, and if a certificate for the permit under AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) is not in effect, the commission shall approve the transfer and reissue the entry permit to the transferee provided that neither party is prohibited by law from participating in the transfer.
(c) [Repealed, Sec. 10 ch 135 SLA 2002].
(d) [Repealed, Sec. 9 ch 73 SLA 1977].
(e) The holder of an entry permit who qualified for that entry permit in a priority classification designated under AS 16.43.250(c) may not transfer that permit.
(f) The permanent transfer of an entry permit is void if proceedings in which commercial fishing privileges and licenses may be suspended under AS 16.05.710 are pending against the permit holder at the time of transfer unless the transfer of the entry permit is allowed by order of the court in which the proceedings are pending.
(g) A person may request the commission to transfer an entry permit due to an execution on a permit holder's interest in that permit if the execution is to enforce a lien recorded with the commission under AS 25.27.230(c). The request shall be made in the form and manner provided in this chapter and regulations adopted under this chapter. The commission may deny a request for transfer of an entry permit due to an execution of a holder's interest in that permit if
(1) the execution does not comply with legal requirements or otherwise is not valid;
(2) the transfer violates this chapter or regulations adopted under this chapter;
(3) the proposed transferee or other party to the transfer is prohibited by law from participating in the transaction;
(4) a certificate for the permit under AS 16.10.333(b)(1) - (2), 16.10.338, or AS 44.81.231(a) 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 holder of the entry permit as shown by the records of the commission demonstrates, under regulations adopted by the commission, that the entry permit is a necessary means of support for the holder and those dependent upon the holder.
(h) Notwithstanding (g) of this section, the commission may not approve a request for transfer of an entry permit after an execution sale unless the parties to the transfer offer the commission a right to purchase the permit at the same price and on the same terms as those of that execution sale. If the commission exercises its right to purchase the permit, the permit then shall be transferred to the commission.
Authorities
16.43.150;16.43.945;16.43.970
Notes
Recent Bills that will modify this
HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG
HB 366 COMM. FISH. ENTRY PERMIT LOANS & BANKS
Implemented As
20 AAC 05.1700
20 AAC 05.1705
20 AAC 05.1707
20 AAC 05.1710
20 AAC 05.1712
20 AAC 05.1714
20 AAC 05.1716
20 AAC 05.1718
20 AAC 05.1721
20 AAC 05.1723
20 AAC 05.1725
20 AAC 05.1735
20 AAC 05.1742
20 AAC 05.1750
20 AAC 05.1770
20 AAC 05.1990
20 AAC 05.685
20 AAC 05.760
20 AAC 05.771
20 AAC 05.775
20 AAC 05.785
20 AAC 05.791
20 AAC 05.798
20 AAC 05.803
20 AAC 05.809
20 AAC 05.815
20 AAC 05.821
20 AAC 05.827
20 AAC 05.835
23 AAC 40.100
References
20 AAC 05.1705
20 AAC 05.1710
20 AAC 05.1712
20 AAC 05.1714
20 AAC 05.1723
20 AAC 05.1740
20 AAC 05.1770
20 AAC 05.600
20 AAC 05.640
20 AAC 05.659
20 AAC 05.666
20 AAC 05.678
20 AAC 05.684
20 AAC 05.685
20 AAC 05.696
20 AAC 05.711
20 AAC 05.719
20 AAC 05.738
20 AAC 05.751
20 AAC 05.760
20 AAC 05.771
20 AAC 05.775
20 AAC 05.785
20 AAC 05.791
20 AAC 05.798
20 AAC 05.803
20 AAC 05.809
20 AAC 05.815
20 AAC 05.821
20 AAC 05.827
20 AAC 05.835
AS 16.43.150 Terms and conditions of entry permit; annual renewal.
AS 16.43.945 Commercial fishing privileges exempt from claims of creditors.
AS 16.43.970 Penalties.
History
(Sec. 1 ch 79 SLA 1973; am Sec. 1 ch 126 SLA 1974; am Sec. 3, 4, 9 ch 73 SLA 1977; am Sec. 7 ch 83 SLA 1978; am Sec. 13 ch 72 SLA 1979; am Sec. 2 ch 51 SLA 1980; am Sec. 3, 4 ch 47 SLA 1981; am Sec. 10 ch 145 SLA 1984; am Sec. 5 ch 63 SLA 1989; am Sec. 16 ch 211 SLA 1990; am Sec. 2, 3 ch 55 SLA 1992; am Sec. 3 - 5 ch 34 SLA 1996; am Sec. 3, 4, 10 ch 135 SLA 2002; am Sec. 2 ch 138 SLA 2002)