Alaska Statutes
Alaska Stat. § 16.43.100 (2026)
Duties and general powers
✓ current as of July 2026
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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.
(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, 118 P.3d 1039 (Alaska 2005).
Grunert v. State, 109 P.3d 924 (Alaska 2005). “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, 118 P.3d 1039 (Alaska 2005). “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
State, Com. Fisheries Entry Comm'n v. Carlson, 65 P.3d 851 (Alaska 2003). “AS 16.43.100(16) (authorizing commission to "establish reasonable user fees for services”).”
May v. State, Com. Fisheries Entry Comm'n, 175 P.3d 1211 (Alaska 2007). “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
Pasternak v. State, Com. Fisheries Entry Comm'n, 166 P.3d 904 (Alaska 2007). “AS 16.43.100. 6 . AS 16.43.100(a)(6) & (9).”
State v. Dupier, 74 P.3d 922 (Alaska Ct. App. 2003). “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, 644 F.3d 957 (9th Cir. 2011). “Alaska Stat. § 16.43.100 (a)(1). In doing so, the Commission establishes qualifications for the issuance of entry permits, id.”
Est. of Lewis v. State, Com. Fisheries Entry Comm'n, 892 P.2d 175 (Alaska 1995). “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. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “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, Com. Fisheries Entry Comm'n, 223 P.3d 86 (Alaska 2009). “AS 16.43.100 (delegating power to "designate .”
Cleaver v. State, Com. Fisheries Entry Comm'n, 48 P.3d 464 (Alaska 2002). “AS 16.43.100(a)(1) & (2); 16.43.020. see also AS 3 .”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “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(16) — 1 case
State, Com. Fisheries Entry Comm'n v. Carlson, 65 P.3d 851 (Alaska 2003). “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, 74 P.3d 922 (Alaska Ct. App. 2003). “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, 74 P.3d 922 (Alaska Ct. App. 2003). “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, 118 P.3d 1039 (Alaska 2005). “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
Cleaver v. State, Com. Fisheries Entry Comm'n, 48 P.3d 464 (Alaska 2002). “AS 16.43.100(a)(1) & (2); 16.43.020. see also AS 3 .”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “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, 74 P.3d 922 (Alaska Ct. App. 2003). “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, 109 P.3d 924 (Alaska 2005). “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, 74 P.3d 922 (Alaska Ct. App. 2003). “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, Com. Fisheries Entry Comm'n, 175 P.3d 1211 (Alaska 2007). “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
Pasternak v. State, Com. Fisheries Entry Comm'n, 166 P.3d 904 (Alaska 2007). “AS 16.43.100. 6 . AS 16.43.100(a)(6) & (9).”
— Alaska Stat. § 16.43.100(a)(8) — 1 case
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “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, Com. Fisheries Entry Comm'n, 175 P.3d 1211 (Alaska 2007). “AS 16.43.100(a)(6); AS 16.43.100(a)(9). 4 .”
— Alaska Stat. § 16.43.100(b) — 2 cases
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “AS 16.43.100(a)(1). 28 . Former AS 16.43.”
Carlson v. State, 798 P.2d 1269 (Alaska 1990).
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