Alaska Statutes
Alaska Stat. § 16.43.140 (2026)
Permit required
✓ current as of July 2026
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Sec. 16.43.140. Permit required.
(a) A person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission.
(b) A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear.
(c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes:
(1) fishing more than one type of gear;
(2) fishing in more than one administrative area;
(3) harvesting particular species for which separate interim-use or entry permits are issued;
(4) if authorized by regulations of the commission, fishing an entire unit of gear in a fishery in which the commission has issued entry permits for less than a unit of gear under AS 16.43.270(d); under this paragraph, a person may not hold more than two entry permits for a fishery; however, the person may not
(A) fish more than one unit of gear in the fishery; or
(B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery;
(5) consolidation of the fishing fleet for a salmon fishery; however, a person may hold not more than two entry permits for a salmon fishery under this paragraph, but the person who holds two entry permits for a salmon fishery may not engage in fishing under the second entry permit.
(a) A person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission.
(b) A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all times present and actively engaged in the operation of the gear.
(c) A person may hold more than one interim-use or entry permit issued or transferred under this chapter only for the following purposes:
(1) fishing more than one type of gear;
(2) fishing in more than one administrative area;
(3) harvesting particular species for which separate interim-use or entry permits are issued;
(4) if authorized by regulations of the commission, fishing an entire unit of gear in a fishery in which the commission has issued entry permits for less than a unit of gear under AS 16.43.270(d); under this paragraph, a person may not hold more than two entry permits for a fishery; however, the person may not
(A) fish more than one unit of gear in the fishery; or
(B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery;
(5) consolidation of the fishing fleet for a salmon fishery; however, a person may hold not more than two entry permits for a salmon fishery under this paragraph, but the person who holds two entry permits for a salmon fishery may not engage in fishing under the second entry permit.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1976–2021 · leading case: State v. Dupier, 118 P.3d 1039 (Alaska 2005).
Grunert v. State, 109 P.3d 924 (Alaska 2005). “For example, it contends that although AS 16.43.140(a) requires gear operators to be permit holders, the statute does not require permit holders themselves to operate gear.”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “The starting point for our analysis of the CFEC entry permit system is AS 16.43.140, the statute requiring either a valid entry permit or an interim-use permit for commercial fishers in Alaska’s fisheries.”
State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006). “The emergency regulation authorized the commissioner to issue permits to a non-person in violation of AS 16.43.140. That statute states: "After January 1, 1974, a person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid…”
Isakson v. Rickey, 550 P.2d 359 (Alaska 1976). “[16] AS 16.43.140. [17] AS 16.43.250(a). [18] By April 20, 1973, applications for gear licenses for trolling were up 148%, for drift gillnet 57%, and for purse seine 42%, over applications for the same period in 1972.”
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “I concur in the court's opinion because the provisions regarding transfer of permits were not challenged in this case.”
Rutter v. State, 963 P.2d 1007 (Alaska 1998). “He demands the equal protection of AS 16.43.140, but does not indicate how this statute provides him with equal protection guarantees.”
State v. Ostrosky, 667 P.2d 1184 (Alaska 1983). “AS 16.43.140(b). A. Article VIII, Section 3.”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “" AS 16.43.140(a). [1] The second phase of the program, the focus of the present controversy, required the CFEC to establish the maximum number of entry permits for each particular fishery.”
State, Com. Fisheries Entry Comm'n v. Carlson, 65 P.3d 851 (Alaska 2003). “140(b) ("A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all…”
Est. of Lewis v. State, Com. Fisheries Entry Comm'n, 892 P.2d 175 (Alaska 1995). “AS 16.43.140(a). The legislature delegated implementation of the Act to the CFEC, AS 16.”
Bishop v. Clark, 54 P.3d 804 (Alaska 2002). “In 1981 Will transferred the setnet permit to Stacey and purchased a second permit; Will explained that this arrangement was necessary because AS 16.43.140(c) prohibits a person from holding more than one entry permit for the same fishery.”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “AS 16.43.140(a) states: “After January 1, 1974, a'person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission.”
— Alaska Stat. § 16.43.140(a) — 13 cases
Grunert v. State, 109 P.3d 924 (Alaska 2005). “For example, it contends that although AS 16.43.140(a) requires gear operators to be permit holders, the statute does not require permit holders themselves to operate gear.”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “The starting point for our analysis of the CFEC entry permit system is AS 16.43.140, the statute requiring either a valid entry permit or an interim-use permit for commercial fishers in Alaska’s fisheries.”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “" AS 16.43.140(a). [1] The second phase of the program, the focus of the present controversy, required the CFEC to establish the maximum number of entry permits for each particular fishery.”
State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006). “The emergency regulation authorized the commissioner to issue permits to a non-person in violation of AS 16.43.140. That statute states: "After January 1, 1974, a person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid…”
Est. of Lewis v. State, Com. Fisheries Entry Comm'n, 892 P.2d 175 (Alaska 1995). “AS 16.43.140(a). The legislature delegated implementation of the Act to the CFEC, AS 16.”
— Alaska Stat. § 16.43.140(b) — 7 cases
Isakson v. Rickey, 550 P.2d 359 (Alaska 1976). “[16] AS 16.43.140. [17] AS 16.43.250(a). [18] By April 20, 1973, applications for gear licenses for trolling were up 148%, for drift gillnet 57%, and for purse seine 42%, over applications for the same period in 1972.”
State v. Ostrosky, 667 P.2d 1184 (Alaska 1983). “AS 16.43.140(b). A. Article VIII, Section 3.”
Grunert v. State, 109 P.3d 924 (Alaska 2005). “For example, it contends that although AS 16.43.140(a) requires gear operators to be permit holders, the statute does not require permit holders themselves to operate gear.”
State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006). “The emergency regulation authorized the commissioner to issue permits to a non-person in violation of AS 16.43.140. That statute states: "After January 1, 1974, a person may not operate gear in the commercial taking of fishery resources without a valid entry permit or a valid…”
State, Com. Fisheries Entry Comm'n v. Carlson, 65 P.3d 851 (Alaska 2003). “140(b) ("A permit is not required of a crewmember or other person assisting in the operation of a unit of gear engaged in the commercial taking of fishery resources as long as the holder of the entry permit or the interim-use permit for that particular unit of gear is at all…”
— Alaska Stat. § 16.43.140(c) — 2 cases
Bishop v. Clark, 54 P.3d 804 (Alaska 2002). “In 1981 Will transferred the setnet permit to Stacey and purchased a second permit; Will explained that this arrangement was necessary because AS 16.43.140(c) prohibits a person from holding more than one entry permit for the same fishery.”
Pavone v. Pavone, 860 P.2d 1228 (Alaska 1993).
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