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Alaska Stat. § 16.43.210 (2026)

Interim-use permit; qualifications

✓ current as of July 2026
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Sec. 16.43.210. Interim-use permit; qualifications.
 (a) For each fishery that is not subject to a maximum number of entry permits under AS 16.43.240 and not subject to a moratorium under AS 16.43.225, the commission shall issue interim-use permits under regulations adopted by the commission to all applicants who can establish their present ability to participate actively in the fishery for which they are making application.

 (b) Before the issuance of the maximum number of entry permits for a given fishery, the commission may issue an interim-use permit to an applicant who may later become eligible for an entry permit under AS 16.43.270.

 (c) To the extent that the commissioner of fish and game authorizes it under AS 16.05.050(a)(9), the commission may grant an interim-use permit to a person to engage in the commercial taking from a fishery on an experimental basis.

 (d) The sustained yield management and economic health of the following fisheries is severely impaired as a result, among other factors, of too many units of gear participating in the commercial harvest:
     (1) Bristol Bay registration area — drift gillnet fishery;

     (2) Cook Inlet registration area — drift gillnet fishery;

     (3) Prince William Sound registration area — drift gillnet fishery.

 (e) [Repealed, § 69 ch 6 SLA 1984.]




Notes of Decisions
Cited in 10 cases, 1980–2005 · leading case: State v. Dupier, 118 P.3d 1039 (Alaska 2005).
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State v. Dupier, 118 P.3d 1039 (Alaska 2005). · cites it 12× “As it existed in 2001, the Alaska statute governing interim-use permits, AS 16.43.210, stated: Interim-use permit; qualifications, (a) Pending the establishment of the maximum number of entry permits under AS 16.”
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). · cites it 6× “§ 16.43.210(a) (March 5, 1973) (House Resources Committee); C.”
Grunert v. State, 109 P.3d 924 (Alaska 2005). · cites it 4× “[51] AS 16.43.210(a). [52] AS 16.43.290(1). [53] AS 16.”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). · cites it 2× “[6] NOTES [1] This case does not concern either the first phase, the issuance of interim use permits (AS 16.43.210(a)), or the third phase, the CFEC's administration of the "buy-back" program (AS 16.”
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 697 P.2d 650 (Alaska 1985). · cites it 5× “-220(a) only applies to interim-use permits issued under AS 16.43.210, and that that statute does not require it, nor even allow it, to issue any further interim-use’ permits to Kalmakoff, since the “maximum number” of permits for the fishery has been established and issued.”
Cleaver v. State, Com. Fisheries Entry Comm'n, 48 P.3d 464 (Alaska 2002). “AS 16.43.210(a); 20 AAC 05.415(a). 8 . "Longlining" uses baited hooks on offshoots (gangions or leaders) of a single main line (usually several miles long) to catch fish.”
State v. Dupier, 74 P.3d 922 (Alaska Ct. App. 2003). · cites it 6× “5 (incorporating fish ticket reporting requirements in the federal quota share program); 50 C.F.R. § 679.3 (providing that the "Alaska Administrative Code (5 AAC 39.”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). · cites it 2× “Specifically, the CFEC is to “designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued,” AS 16.”
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 693 P.2d 844 (Alaska 1985). “670 and interim-use permits under AS 16.43.210(a) before the qualification date established in (d) or (e) of this section.”
Nash v. State, Com. Fisheries Entry Comm'n, 679 P.2d 477 (Alaska 1984). “670 and interim-use permits under AS 16.43.210(a) before the qualification date established in (d) or (e) of this section.”
— Alaska Stat. § 16.43.210(a) — 9 cases
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “As it existed in 2001, the Alaska statute governing interim-use permits, AS 16.43.210, stated: Interim-use permit; qualifications, (a) Pending the establishment of the maximum number of entry permits under AS 16.”
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “§ 16.43.210(a) (March 5, 1973) (House Resources Committee); C.”
Grunert v. State, 109 P.3d 924 (Alaska 2005). “[51] AS 16.43.210(a). [52] AS 16.43.290(1). [53] AS 16.”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “[6] NOTES [1] This case does not concern either the first phase, the issuance of interim use permits (AS 16.43.210(a)), or the third phase, the CFEC's administration of the "buy-back" program (AS 16.”
Cleaver v. State, Com. Fisheries Entry Comm'n, 48 P.3d 464 (Alaska 2002). “AS 16.43.210(a); 20 AAC 05.415(a). 8 . "Longlining" uses baited hooks on offshoots (gangions or leaders) of a single main line (usually several miles long) to catch fish.”
— Alaska Stat. § 16.43.210(b) — 1 case
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 697 P.2d 650 (Alaska 1985). “-220(a) only applies to interim-use permits issued under AS 16.43.210, and that that statute does not require it, nor even allow it, to issue any further interim-use’ permits to Kalmakoff, since the “maximum number” of permits for the fishery has been established and issued.”
— Alaska Stat. § 16.43.210(d) — 1 case
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “§ 16.43.210(a) (March 5, 1973) (House Resources Committee); C.”
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