(b)
Documentation of Ownership. Adequate documentation of ownership shall consist of one or more of the following:
(i)
Coast Guard documentation/registration or tribal registration in the name of the Tribe or a tribal member.
(ii)
A bill of sale conveying clear title to the boat to the Tribe or a tribal member. The bill of sale shall show the name and address of the purchaser and the seller; the purchase price; the make, model, type, name (if applicable) and length of the boat; a description of any included gear and equipment; and the date of sale.
(iii)
A purchase contract as approved under Section 17.04.01(c) of this Code.
(c)
Procedure for Approval of Purchase Contracts.[2] Each vessel purchase contract must be approved by the Tribe before the vessel in question can be used in exercising treaty fishing rights. The procedure for obtaining approval of the vessel purchase contract shall be as follows:
(i)
Application for approval of the contract shall be made to the Fisheries Manager. The application shall be made by providing a copy of the purchase contract and any pertinent documents to the Fisheries Manager.
(ii)
The Fisheries Manager shall examine the contract and the submitted documents in order to determine whether the contract is legally binding on both buyer and seller; whether it has a reasonable likelihood of success, thus insuring that the vessel will not be returned to the seller; and whether it otherwise meets the requirements of this Code. The Fisheries Manager shall consult with the tribal attorney and the Fisheries Committee, as appropriate for the species involved, in making this determination.
(iii)
If the Fisheries Manager determines that the contract is enforceable and meets the requirements of this Code, he or she shall approve the contract and authorize the vessel to be registered.
(iv)
Within two (2) weeks after receiving the application the Fisheries Manager shall notify the fisherman whether or not the purchase contract has been approved.
(v)
Any fisherman whose contract has been disapproved may appeal the decision to the Tribal Council, whose decision shall be final.
(Res. 95 A 058, 5/5/1995; Res. 94 A 109, 7/12/1994; amended to allow leases and lease-purchase agreements for purse seiners, Res. 06 A 067, adopted 9/19/2006; Res. 15-A-167, 12/9/2015 amended Subsection 17.04.01(a) to clarify boat ownership requirements and deleted Subsection (e) purse seine language; Res. 21 A 077, 6/14/2021 moved the issue of who can be on what vessel out of Section 17.04.01(a) and into Chapter 17.02 Who May Fish.)