Section 20.05.565. Reinstatement of entry permit forfeited under AS 16.43.150(d).

	(a)  An entry permit forfeited under AS 16.43.150(d) may be reinstated by the commission only upon a showing of good cause, payment of any unpaid renewal fees not waived by the commission, and a finding that reinstatement would be consistent with the purposes of AS 16.43.290.  
	(b)  Good cause under this section includes  
		(1) administrative closure for the entire season of the specific fishery for which nonpayment of permit fees led to forfeiture of the permit;  
		(2) temporary illness or disability;  
		(3) death of the permit holder;  
		(4) the loss of a vessel or equipment through sinking, destruction, or extensive mechanical breakdown; and  
		(5) other objectively verifiable causes of inability to pay permit renewal fees that the commission determines to be good cause.  
	(c)  Good cause does not include the effects of economic, biological, or regulatory variables that are normally part of the risk of doing business as a fisherman. Those effects include  
		(1) an economic choice;  
		(2) retirement from the fishery;  
		(3) permanent illness or disability;  
		(4) lack of a market for the sale of the fishery resource or for the sale of the permit; and  
		(5) the fishery being subject to the proposal or administration of a buy-back program, retirement of nontransferable permits, employment of more than one permit in the operation of gear, or other fleet reduction measures.  

Authorities

16.43.100;16.43.110;16.43.140;16.43.150

Notes

Authority

AS 16.43.100 AS 16.43.110 AS 16.43.140 AS 16.43.150

History

Eff. 6/1/2013, Register 206