20 AAC 05.1436. Transfer of statewide weathervane scallop vessel entry permit

(a) A request for a permanent transfer of a statewide weathervane scallop vessel entry permit must be made on the form designated Request for Permanent Transfer of Vessel Entry Permit and provided by the commission. A request for a transfer may be submitted pending completion of a change in vessel ownership. However, a vessel entry permit will not be issued to the new vessel owner until proof of ownership is submitted to the commission.

(b) The vessel permit holder and the proposed transferee must complete the form specified in (a) of this section and submit it to the commission. If a proposed transferee is an entity, the proposed transferee must provide written documentation identifying all shareholders holding at least five percent of the entity's stock, and all current officers, directors, partners, members, and managers. The proposed transferee must acquire 100 percent of the ownership interest in the vessel identified on the form. The authorized representative of the holder and the authorized representative of the proposed transferee each shall swear to the commission under penalty of unsworn falsification that, to the person's knowledge, (1) 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; (2) the transfer is not in violation of AS 16.43.520 (e); and (3) neither the holder nor the proposed transferee is prohibited by law, court order, or administrative order from participating in the transfer. The signatures of the authorized representatives on the affidavit portion of the form must be witnessed by a notary public or Alaska postmaster. The commission will deny a request for permanent transfer of a vessel entry permit if the authorized representative of the holder or authorized representative of the proposed transferee fails to complete and sign the form as required under this section.

(c) In addition to the requirements under (b) of this section, the proposed transferee shall certify that the requested transfer of a vessel entry permit would not result in a person holding an interest in more than one statewide weathervane scallop vessel entry permit in violation of 20 AAC 05.1432(c).

(d) A request for permanent transfer of a vessel entry permit under this section must include an accurate and complete copy of any written transfer agreement for the vessel entry permit and any written agreements for the later transfer of the vessel entry permit. If there is an oral agreement for the transfer of the permit or any oral agreement for the later transfer of the permit, a written statement containing all terms and conditions of the oral agreement or agreements must be submitted to the commission with the transfer request form. The commission will deny the transfer of a vessel entry permit under this section if the commission finds the terms of an agreement are inconsistent with the material information provided under (b) and (c) of this section.

(e) A vessel owner may request a simultaneous transfer of a vessel entry permit to an eligible transferee and the substitution of another vessel for the vessel identified on the vessel entry permit. The substitute vessel is subject to all terms and conditions attached by the commission to the original qualifying vessel.

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

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.480

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