reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.830 - General provisions relating to Kodiak bairdi Tanner crab pot fishery

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.831 - Fishing capacity restrictions for Kodiak bairdi Tanner crab pot permits

Current through May 31, 2024
(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 A 120 feet B Less than 60 feet
(5) vessel category restrictions placed upon an
				entry permit at initial issuance remain with the permit thereafter.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.833 - Priority classification system for the Kodiak bairdi Tanner crab pot fishery

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.250
AS 16.43.260
AS
					 16.43.270
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.834 - Point system for the Kodiak bairdi Tanner crab pot fishery

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.835 - Designation of significant and minor hardship classifications for the Kodiak bairdi Tanner crab pot fishery

Current through May 31, 2024
(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).
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.170
AS 16.43.250
AS
					 16.43.270
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 6 - Priority Classification Point System › 20 AAC 05.836 - Definitions

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.260
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 20 AAC 05.1010 - Moratoria on new entrants into the Southeastern Alaska Dungeness crab pot, ring net, and diving fisheries

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS 16.43.225
AS
					 16.43.227
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 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

Current through May 31, 2024
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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 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

Current through May 31, 2024
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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 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

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS 16.43.225
AS
					 16.43.227
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 20 AAC 05.1018 - Definitions for 20 AAC 05.1010 - 20 AAC 05.1018

Current through May 31, 2024
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;
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 20 AAC 05.1020 - Applicable dates for the Southeastern Alaska Dungeness crab fisheries moratoria

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.227(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 10 - Fisheries Subject to Moratoria on New Entrants › 20 AAC 05.1022 - Provisions relating to vessel permits for the Bering Sea Korean hair crab moratorium

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.901
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 11 - Optimum Numbers of Entry Permits › 20 AAC 05.1140 - Optimum number of entry permits for the Southeastern Alaska roe herring purse seine fishery

Current through May 31, 2024
The optimum number of entry permits for the Southeastern Alaska
				  roe herring purse seine fishery is 46.
Authority:
AS
					 16.43.100(a)
AS
					 16.43.110(a)
AS
					 16.43.290
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 11 - Optimum Numbers of Entry Permits › 20 AAC 05.1145 - Optimum number of entry permits for the Northern Southeast Inside sablefish longline fishery

Current through May 31, 2024
The optimum number of entry permits for the Northern
				  Southeastern Inside sablefish longline fishery is 73.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.290
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 11 - Optimum Numbers of Entry Permits › 20 AAC 05.1147 - Optimum number of entry permits for the Bristol Bay drift gillnet fishery

Current through May 31, 2024
The optimum number of entry permits for the Bristol Bay drift
				  gillnet fishery is 900 to 1,400.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.290
AS
					 16.43.990
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1425 - Establishment of vessel permit system for statewide weathervane scallop fishery (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.450
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1427 - Limitation of statewide weathervane scallop fishery (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.450
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1428 - Application process for statewide weathervane scallop fishery vessel entry permit (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.460
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1430 - Initial issuance of statewide weathervane scallop fishery vessel entry permit (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.460
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1432 - General provisions for the statewide weathervane scallop fisheries vessel permit system (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.450
AS 16.43.460
AS
					 16.43.520
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1434 - Substitution of statewide weathervane scallop vessel (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.490
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1436 - Transfer of statewide weathervane scallop vessel entry permit (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.480
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1438 - Annual renewal of statewide weathervane scallop vessel entry permit (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.500
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1440 - Annual fees for statewide weathervane scallop vessel entry permit (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.510
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1441 - Transfer and vessel substitution fees for the statewide weathervane scallop fishery (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.510
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1443 - Applicability of 20 AAC 05.1425 - 20 AAC 05.1444 (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.510
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 14 - Vessel Permit Systems › 20 AAC 05.1444 - Definitions for 20 AAC 05.1425 - 20 AAC 05.1444 (Repealed)

Current through May 31, 2024
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.450
AS
					 16.43.460
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 05.1700 - Requirements for transfer

Current through May 31, 2024
(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.
All forms referred to in
					 20 AAC 05.1700 -
					 20 AAC 05.1770 can be obtained from the Commercial
					 Fisheries Entry Commission, 8800 Glacier Hwy., Suite 109, P.O. Box 110302,
					 Juneau, AK 99811-0302.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.170
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 05.1705 - Lease, encumbrance, attachment, distraint, or retained right of repossession prohibited

Current through May 31, 2024
(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.
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 05.1707 - General requirements regarding a request for permanent transfer of an entry permit

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.150
AS
					 16.43.170
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 05.1710 - Voluntary transfer: permit holder's notice of intent to permanently transfer an entry permit under AS 16.43.170 (b)

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS 16.43.170
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 05.1716 - Voluntary transfer: denial of permit holder's request for permanent transfer of entry permit

Current through May 31, 2024
(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.
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 05.1718 - Involuntary transfer: denial of proposed transferee's request for permanent transfer of entry permit

Current through May 31, 2024
(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.
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 05.1721 - Determination of need regarding permit holder

Current through May 31, 2024
(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.
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 05.1723 - Commission's right of first refusal under AS 16.43.170 (h) to purchase entry permit

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.170
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 05.1725 - Permanent transfer of an entry permit under AS 16.43.140 (c)(5)

Current through May 31, 2024
(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).
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 05.1735 - Designation of agents by commission

Current through May 31, 2024
(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.
Authority:
AS
					 16.10.333
AS 16.10.339
AS
					 16.43.170(a)
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 05.1742 - Transfer and reissuance of entry permits

Current through May 31, 2024
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.
Before 11/13/94, Register 132, the substance of
					 20 AAC 05.1742 was contained in former
					 20 AAC 05.1730.
Authority:
AS
					 16.43.100
AS
					 16.43.110(a)
AS
					 16.43.170
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 05.1760 - Administrative hearings

Current through May 31, 2024
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.
As of Register 90 (July 1984), the wording of this section
					 was corrected by the regulations attorney at the request of the Commercial
					 Fisheries Entry Commission. This change from "authorized representative of the
					 holder" to "agent authorized in accordance with
					 20 AAC 05.1960" is not a substantive
					 change.
Authority:
AS
					 16.43.110
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 05.1770 - Definitions for 20 AAC 05.1700 - 20 AAC 05.1770

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1800 - Matters covered

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100(b)
AS 16.43.110
AS
					 16.43.120(d)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1804 - Parties

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100(b)
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1805 - Request for an administrative hearing

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1810 - Notice of hearing

Current through May 31, 2024
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.
Authority:
AS
					 16.43.100(b)
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1815 - Scope of hearing

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.100
AS 16.43.110
AS
					 16.43.120(a)
Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 18 - Administrative Hearings and Adjudications › 20 AAC 05.1817 - Disqualification of a hearing officer

Current through May 31, 2024
(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.
Authority:
AS
					 16.43.110