(a) The commission will deny a permit holder's request under 20 AAC 05.1712 for permanent transfer of the holder's entry permit if
- (1) the transfer is not authorized by law or is otherwise invalid;
- (2) the transfer violates AS 16.43 or this chapter;
- (3) the holder or proposed transferee is prohibited by law from participating in the transaction;
- (4) a certificate for the permit under AS 16.10.333(b)(1) and (b)(2), 16.10.338, or AS 44.81.231 is in effect at the time of the proposed transfer; or
- (5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery.
- (b) If the commission denies a holder's request for permanent transfer of an entry permit under this section, the commission will so notify the holder and proposed transferee, giving the commission's findings of fact and conclusions.
- (c) If none of the conditions set out in (a) of this section exist, the commission will find that a request for transfer under 20 AAC 05.1712 is approvable.
(Eff. 11/13/94, Register 132; am 1/21/98, Register 145)
Authority: AS 16.43.100, AS 16.43.110