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Session Laws, 1994
Volume 773, Page 1559   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                           Ch. 184

(2)      IF THERE ARE NO PRIMARY CANDIDATE APPLICATIONS ON FILE
THE DEPARTMENT SHALL ISSUE A LICENSE AUTHORIZING PARTICIPATION IN A
PARTICULAR FISHING ACTIVITY TO THE FIRST PERSON ON THE SECONDARY
CANDIDATE WAITING LIST FOR THAT FISHING ACTIVITY.

(I) (1) A LICENSE MAY BE TRANSFERRED ONLY UNDER THE PROVISIONS OF
THIS SUBSECTION.

(2) A LICENSE MAY BE TRANSFERRED TO A PERSON WHO IS THE
LICENSEE'S SPOUSE, DAUGHTER, SON, STEPCHILD, GRANDCHILD, PARENT, SISTER,
BROTHER, GRANDPARENT, FATHER-IN-LAW, MOTHER-IN-LAW, SON-IN-LAW, OR
DAUGHTER-IN-LAW, AND ONLY:

(I)       IF THE PERSON IS CURRENTLY ON THE PRIMARY CANDIDATE
WAITING LIST FOR THAT ACTIVITY AND THE LICENSEE MAKES APPLICATION TO THE
DEPARTMENT REQUESTING TRANSFER; OR

(II)     UPON DEATH OF THE LICENSEE, IF THE LICENSEE HAD
INDICATED THAT PERSON'S NAME ON THE LICENSE APPLICATION ON FILE WITH THE

DEPARTMENT.

(2) (3) (I) IF A LICENSEE IS UNABLE TO FISH THE DEPARTMENT
MAY APPROVE A TEMPORARY TRANSFER OF THE LICENSE FOR NOT LESS THAN 30
DAYS AND NOT MORE THAN 90 DAYS REGARDLESS OF WHETHER THE TRANSFEREE
IS ON THE PRIMARY OR SECONDARY CANDIDATE WAITING LIST.

(II) A PERSON MAY NOT TRANSFER A LICENSE IN EXCHANGE FOR
ANY TYPE OF REMUNERATION.

(3) (4) (I) THE DEPARTMENT SHALL ESTABLISH BY REGULATION A
PROCEDURE FOR A LICENSEE, EXCEPT A FISHING GUIDE LICENSEE OR A MASTER
FISHING GUIDE LICENSEE, TO VOLUNTARILY REGISTER THE LICENSEE'S
COMMERCIAL FISHING VESSEL NUMBER ON THE FACE OF THE LICENSE.

(II) IF A LICENSEE HAS VOLUNTARILY REGISTERED THE VESSEL
NUMBER ON THE LICENSE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE
LICENSEE MAY ALLOW ANOTHER PERSON TO USE THE VESSEL FOR THE
COMMERCIAL ACTIVITIES AUTHORIZED ON THE LICENSE.

(III) IF A LICENSEE ALLOWS ANOTHER PERSON TO UTILIZE A
VESSEL UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH, FOR PURPOSES OF THE
LICENSE SUSPENSION CRITERIA IN SUBSECTION (K) OF THIS SECTION, THE LICENSEE
SHALL BE HELD RESPONSIBLE FOR ANY VIOLATIONS COMMITTED BY THE PERSON
USING THE VESSEL.

(5) (I) THIS PARAGRAPH APPLIES ONLY TO A PERSON WHO:

1. HOLDS A VALID TIDAL FISH LICENSE ISSUED UNDER THIS
SECTION AND WHO HAS HELD VALID TIDAL FISH LICENSES IN EACH OF THE THREE
IMMEDIATELY PRECEDING SEASONS; AND

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Session Laws, 1994
Volume 773, Page 1559   View pdf image
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