1. (a) The commission will deny a request under 20 AAC 05.1714 for permanent transfer of an entry permit due to involuntary action if

   1. (1) the execution does not comply with legal requirements, or is otherwise invalid;
   2. (2) the proposed transfer would violate AS 16.43 or this chapter;
   3. (3) the proposed transferee is prohibited by law from participating in the transaction;
   4. (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;
   5. (5) the proposed transferee of the entry permit, other than the commission, cannot demonstrate the present ability to actively participate in the fishery; or
   6. (6) the commission has made a determination of need under 20 AAC 05.1721 regarding the permit holder.
2. (b) If the commission denies a request for permanent transfer of an entry permit under this section, the commission will so notify the proposed transferee, giving the commission's findings of fact and conclusions.
3. (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 05.1714 is approvable.

(Eff. 11/13/94, Register 132; am 10/7/95, Register 136; am 1/21/98, Register 145)

Authority: AS 16.43.100, AS 16.43.110