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 05.1750 - Transfer upon death of the holder

Current through May 31, 2024
(a) An entry permit
				survives the death of the holder, but an entry permit issued under
				AS
				16.43.250(c) may be emergency
				transferred under
				20 AAC 05.1740 only for the remainder of the calendar year
				in which the permit holder's death occurred. Except for a permit issued under
				AS
				16.43.250(c) and subject to
				(h) of this section, a permit will be transferred by the commission directly to
				the surviving spouse by right of survivorship, or if no spouse survives, to a
				natural person designated by the permit holder on a designation form provided by
				and filed with the commission, if any, unless the deceased holder has expressed a
				contrary intent in a will that is probated. After 90 days following the permit
				holder's death, the surviving spouse or the person designated by the permit
				holder may apply for the permanent transfer of the permit into that person's name
				by submitting a form provided by the commission along with a copy of the permit
				holder's death certificate, a copy of the permit holder's will, if any, and other
				documentation specified by the commission. The designation form is only effective
				if it is filed with the commission before the permit holder's death. A subsequent
				designation form filed by the permit holder will replace the earlier form if it
				is filed with the commission before the permit holder's death. An applicant with
				a limited entry permit application pending before the commission may file a
				designation form with the commission.
(b) Except for a permit issued under
				AS
				16.43.250(c), if no spouse
				survives the deceased permit holder and no person has been designated by the
				permit holder to receive the permit, the rights to the permit pass to the permit
				holder's estate. The authorized representative of the deceased holder's estate
				may apply for an emergency transfer of an entry permit pending final disposition
				of the permit as a part of the holder's estate, by making application to the
				commission on a form provided by the commission. The emergency transfer must be
				to a person who is not a permit holder in the fishery and who can establish the
				present ability to participate actively in the fishery. The commission will
				approve an application for an emergency transfer under this subsection if the
				representative establishes that the permit holder is deceased and that the
				representative is authorized to request the transfer. Unless further restricted
				by the authorized representative, an emergency transfer under this subsection is
				effective for the remainder of the year. Except for a permit issued under
				AS
				16.43.250(c), the authorized
				representative may annually renew an entry permit and may apply for subsequent
				emergency transfers if he or she establishes that the permit has not been finally
				disposed of as part of the deceased holder's estate.
(c) The authorized representative may make
				final disposition of the entry permit under
				20 AAC 05.1700 -
				20 AAC 05.1730 upon demonstrating authorization for that
				action from the appropriate judicial authorities, unless otherwise exempted from
				this requirement by state law.
(d)
				Before an authorized representative may direct the disposition of an entry
				permit, that authorized representative must have letters of appointment or
				administration on file with the commission.
(e) A person who receives a permit by
				inheritance, by designation, or by right of survivorship will receive title to
				that entry permit but will not be issued a permit card unless the person has
				certified, on a form provided by the commission, present ability and intent to
				participate actively in the fishery.
(f) An annual request for emergency transfer of
				an entry permit held by a person who received that permit by right of
				survivorship, designation, or inheritance may be generated by the commission for
				the three years after the decedent's death, unless the recipient has fished the
				permit since the death of the holder. The Commission may grant additional
				emergency transfers beyond the three years after the death of the decedent upon a
				showing by the recipient of a new unavoidable hardship under
				20 AAC 05.1740(i)(1), of extraordinary
				circumstances as described in
				20 AAC 05.1740(i)(2). or that the permit
				remains a principal source of income to the recipient's family. If the recipient
				is a youth or a surviving spouse who intends to permanently transfer the permit
				to an immediate family member that is a youth, upon request the commission may
				grant annual requests for emergency transfers until the youth has reached the age
				of presumptive ability to participate as set out in
				20 AAC 05.1707(a). An emergency transfer
				granted under this subsection is valid for the remainder of the calendar year in
				which it is granted
(g) Repealed
				5/4/95.
(h) The commission will not
				process an application for the permanent transfer of a permit under (a) of this
				section if the commission has initiated a proceeding that may result in the
				forfeiture or revocation of a permit. If at the conclusion of the proceeding the
				permit has not been forfeited or revoked, the commission will process the
				application for permanent transfer.
Authority:
AS
					 16.43.100
AS
					 16.43.110
AS
					 16.43.150
AS
					 16.43.170
AS
					 16.43.180