20 AAC 05.1750. Transfer upon death of the holder

(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 will, in the discretion of the commission, be granted for the three years after the decedent's death, unless the recipient has fished the permit since the death of the holder. If the recipient is a youth, upon request the commission will, in its discretion, grant annual requests for emergency transfers until the youth has reached the age of presumptive ability to participate as set out in 20 AAC 05.1730(d). 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.

History: Eff. 12/18/74, Register 52; am 12/27/79, Register 72; am 1/2/81, Register 77; am 10/30/82, Register 84; am 6/5/83, Register 86; am 7/20/83, Register 87; am 2/29/84, Register 89; am 12/29/84, Register 92; am 11/26/87, Register 104; am 8/20/89, Register 111; am 5/4/95, Register 134; am 10/31/2001, Register 160

Authority: AS 16.43.100

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