Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 17 - Transfer of Entry and Interim-Use Permits › 20 AAC 05.1740 - Emergency transfers

Current through May 31, 2024
(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.