20 AAC 05.1432. General provisions for the statewide weathervane scallop fisheries vessel permit system

(a) It is unlawful for a person or an entity to operate a vessel in the statewide weathervane scallop fishery unless a vessel entry permit or vessel interim-use permit

(1) has been issued for the vessel under 20 AAC 05.1430 or AS 16.43.460 ; and

(2) is displayed in a prominent location on the vessel and available for inspection at all times.

(b) Except for a temporary substitution of a vessel under 20 AAC 05.1434(a), a vessel permit for the statewide weathervane scallop fishery may be held only by the vessel owner. When ownership of a vessel changes, the vessel permit becomes invalid until it is transferred to the new vessel owner. Ownership of a vessel changes on the date the vessel ownership passes to a different person or entity. In the case of joint ownership, ownership of a vessel changes on the date that any joint owner's interest passes to a different person or entity or the percentage of any joint owner's interest changes. The new vessel owner shall notify the commission in writing within 30 days of the change in ownership.

(c) Except as provided in this subsection, a person may not hold an interest in more than one statewide weathervane scallop vessel entry permit. The commission will issue a permit that will result in a person holding an interest in more than one statewide weathervane scallop vessel entry permit only if that person's ownership interest in the vessels that qualify for permits existed on January 23, 2004, and the requirements in 20 AAC 05.1430 governing issuance of permits are satisfied. The commission will deny a request for transfer of a permit if the transfer would put any person in violation of this subsection, or if the proposed transferee fails to supply information requested by the commission for the purpose of compliance with this subsection. For purposes of this subsection,

(1) a person holds an interest in a statewide weathervane scallop vessel entry permit if the person holds a permit directly, or owns at least five percent of the stock, or is a partner in an entity that holds a statewide weathervane scallop vessel entry permit;

(2) ownership of an entity or a vessel includes ownership through one or more intermediate entities.

(d) The commission will deny the transfer of a vessel entry permit if the commission determines that it would increase the number of vessels participating in the Alaska weathervane scallop fishery contrary to the purposes of AS 16.43 or beyond the upper bound of an optimum number range adopted under the authority of AS 16.43.470 .

History: Eff. 5/6/2004, Register 170

Authority: AS 16.43.100

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