Alaska Stat. » Chapter 16.43

Alaska Stat. § 16.43.100

Duties and general powers

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Sec. 16.43.100. Duties and general powers.
 (a) To accomplish the purposes set out in AS 16.43.010, the commission shall
     (1) regulate entry into the commercial fisheries for all fishery resources in the state;

     (2) establish priorities for the application of the provisions of this chapter to the various commercial fisheries of the state;

     (3) establish administrative areas suitable for regulating and controlling entry into the commercial fisheries;

     (4) establish, for all types of gear, the maximum number of entry permits for each administrative area;

     (5) designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued;

     (6) establish qualifications for the issuance of entry permits;

     (7) issue entry permits to qualified applicants;

     (8) issue interim-use permits as provided in AS 16.43.210, 16.43.220, and 16.43.225;

     (9) establish, for all types of gear, the optimum number of entry permits for each administrative area;

     (10) administer the buy-back program provided for in AS 16.43.310 and 16.43.320 to reduce the number of outstanding entry permits to the optimum number of entry permits;

     (11) provide for the transfer and reissuance of entry permits to qualified transferees;

     (12) provide for the transfer and reissuance of entry permits for alternative types of legal gear, in a manner consistent with the purposes of this chapter;

     (13) establish and administer the collection of the annual fees provided for in AS 16.43.160;

     (14) administer the issuance of commercial fishing vessel licenses under AS 16.05.490;

     (15) issue educational entry permits to applicants who qualify under the provisions of AS 16.43.340 — 16.43.390;

     (16) establish reasonable user fees for services;

     (17) issue landing permits under AS 16.05.675 and regulations adopted under that section;

     (18) establish and collect annual fees for the issuance of landing permits that reasonably reflect the costs incurred in the administration and enforcement of provisions of law related to landing permits;

     (19) establish a moratorium on entry into commercial fisheries as provided in AS 16.43.225; and

     (20) when requested by a regional development organization formed under former AS 44.33.895, provide to the organization, without charge, public information contained in the commission's data with respect to relevant fisheries, including limited fisheries, fishery participants, and limited entry permit holders' harvests and earnings.

     (21) [Repealed, § 20 ch 2 SLA 2014.]
 (b) The commission may do all things necessary to the exercise of its powers under this chapter, whether or not specifically designated in this chapter.




Notes of Decisions
Cited in 17 cases, 1984–2011 · leading case: State v. Dupier
Sort: Relevance Newest Treatment
Grunert v. State (2005) alaska · cites it 2× “2d 917, 920 (Alaska 1991) (recognizing authority of board to make allocation decisions as repeated issue, ease of evading review by annual amendments, and public importance of impact upon allocation of Alaska's fishery resources).”
State v. Dupier (2005) alaska · cites it 2× “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
State, Commercial Fisheries Entry Commission v. Carlson (2003) alaska “AS 16.43.100(16) (authorizing commission to "establish reasonable user fees for services”).”
May v. State, Commercial Fisheries Entry Commission (2007) alaska · cites it 2× “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
Pasternak v. State, Commercial Fisheries Entry Commission (2007) alaska · cites it 2× “AS 16.43.100. 6 . AS 16.43.100(a)(6) & (9).”
State v. Dupier (2003) alaskactapp · cites it 9× “State, 61 AS 16.43.100 does not give the CFEC broad discretion to issue interim-use permits as it sees fit; rather, "[t]he commission's discretion is .”
Vandevere v. Lloyd (2011) ca9 “Alaska Stat. § 16.43.100 (a)(1). In doing so, the Commission establishes qualifications for the issuance of entry permits, id.”
Estate of Lewis v. State, Commercial Fisheries Entry Commission (1995) alaska · cites it 2× “The legislature delegated implementation of the Act to the CFEC, AS 16.43.100, and directed the CFEC to identify which fisheries required controlled entry.”
Johns v. Commercial Fisheries Entry Commission (1988) alaska “AS 16.43.100. The Act recognized that commercial fishing had reached levels which “have impaired or threatened to impair the economic welfare of the fisheries of the state, the overall efficiency of the harvest and the sustained yield management of the fishery resource.”
Kuzmin v. State, Commercial Fisheries Entry Commission (2009) alaska “AS 16.43.100 (delegating power to "designate .”
Cleaver v. State, Commercial Fisheries Entry Commission (2002) alaska “AS 16.43.100(a)(1) & (2); 16.43.020. see also AS 3 .”
Simpler v. State, Commercial Fisheries Entry Commission (1986) alaska · cites it 2× “On a general level, the CFEC is directed to “regulate entry into the commercial fisheries for all fishery resources in the state,” AS 16.43.100(a)(1), and is authorized to “adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the…”
Show all 17 citing cases →
— Alaska Stat. § 16.43.100(16) — 1 case
State, Commercial Fisheries Entry Commission v. Carlson (2003) alaska “AS 16.43.100(16) (authorizing commission to "establish reasonable user fees for services”).”
— Alaska Stat. § 16.43.100(8) — 1 case
State v. Dupier (2003) alaskactapp “State, 61 AS 16.43.100 does not give the CFEC broad discretion to issue interim-use permits as it sees fit; rather, "[t]he commission's discretion is .”
— Alaska Stat. § 16.43.100(a) — 1 case
State v. Dupier (2003) alaskactapp “State, 61 AS 16.43.100 does not give the CFEC broad discretion to issue interim-use permits as it sees fit; rather, "[t]he commission's discretion is .”
— Alaska Stat. § 16.43.100(a)(1) — 4 cases
State v. Dupier (2005) alaska “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
Cleaver v. State, Commercial Fisheries Entry Commission (2002) alaska “AS 16.43.100(a)(1) & (2); 16.43.020. see also AS 3 .”
Simpler v. State, Commercial Fisheries Entry Commission (1986) alaska “On a general level, the CFEC is directed to “regulate entry into the commercial fisheries for all fishery resources in the state,” AS 16.43.100(a)(1), and is authorized to “adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the…”
State v. Dupier (2003) alaskactapp “State, 61 AS 16.43.100 does not give the CFEC broad discretion to issue interim-use permits as it sees fit; rather, "[t]he commission's discretion is .”
— Alaska Stat. § 16.43.100(a)(3) — 1 case
Grunert v. State (2005) alaska “2d 917, 920 (Alaska 1991) (recognizing authority of board to make allocation decisions as repeated issue, ease of evading review by annual amendments, and public importance of impact upon allocation of Alaska's fishery resources).”
— Alaska Stat. § 16.43.100(a)(5) — 1 case
State v. Dupier (2003) alaskactapp “State, 61 AS 16.43.100 does not give the CFEC broad discretion to issue interim-use permits as it sees fit; rather, "[t]he commission's discretion is .”
— Alaska Stat. § 16.43.100(a)(6) — 2 cases
May v. State, Commercial Fisheries Entry Commission (2007) alaska “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
Pasternak v. State, Commercial Fisheries Entry Commission (2007) alaska “AS 16.43.100. 6 . AS 16.43.100(a)(6) & (9).”
— Alaska Stat. § 16.43.100(a)(8) — 1 case
Simpler v. State, Commercial Fisheries Entry Commission (1986) alaska “On a general level, the CFEC is directed to “regulate entry into the commercial fisheries for all fishery resources in the state,” AS 16.43.100(a)(1), and is authorized to “adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the…”
— Alaska Stat. § 16.43.100(a)(9) — 1 case
May v. State, Commercial Fisheries Entry Commission (2007) alaska “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
— Alaska Stat. § 16.43.100(b) — 2 cases
State v. Dupier (2005) alaska “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
Carlson v. State (1990) alaska
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