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(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.
History: Eff. 11/13/94, Register 132; am 12/29/2000, Register 156
Authority: AS 16.43.100
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Last modified 7/05/2006