Alaska Statutes
Alaska Stat. § 16.43.240 (2026)
Determination of the maximum number of entry permits for initial issue
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Sec. 16.43.240. Determination of the maximum number of entry permits for initial issue.
(a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.
(b) When the commission finds that a fishery, not designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
(c) When the commission finds that a fishery subject to a moratorium under AS 16.43.225 has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
(a) Except as provided in AS 16.43.270(a), the maximum number of entry permits for a distressed fishery designated under AS 16.43.230 shall be the highest number of units of gear fished in that fishery during any one of the four years immediately preceding January 1, 1973.
(b) When the commission finds that a fishery, not designated as a distressed fishery under AS 16.43.230 or not subject to a moratorium under AS 16.43.225, has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
(c) When the commission finds that a fishery subject to a moratorium under AS 16.43.225 has reached levels of participation that require the limitation of entry under AS 16.43.140 — 16.43.330 in order to achieve the purposes of this chapter, the commission shall establish the maximum number of entry permits for that fishery.
Notes of Decisions
Cited in 19
cases, 1976–2010 · leading case: Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004).
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “2d 1256, 1261-62 (Alaska 1988) (applying *608 AS 16.43.240). 2 . The point system for this fishery is described in 20 Alaska Administrative Code (AAC) 05.”
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “AS 16.43.240(a). [43] This is accomplished initially by reference to the number of units of gear fished in the specified area in designated prior years, a means independent of the requirement that applicants be prior gear licensees.”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “AS 16.43.240. Applicants for such fisheries are limited to prior gear license holders, AS 16.”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “AS 16.43.240. Finally, the CFEC is to establish an optimum number of permits for each fishery which may be greater or less than the number of permits that have been actually issued for the fishery.”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “210, stated: Interim-use permit; qualifications, (a) Pending the establishment of the maximum number of entry permits under AS 16.43.240 and the issuance of entry permits under AS 16.”
Isakson v. Rickey, 550 P.2d 359 (Alaska 1976). “[7] It is even possible that, for those fisheries to be later designated by the commission, a large present influx of gear licenses might make it politically and practically impossible to reduce the number of license holders to an economically and ecologically sound level,…”
Rutter v. State, 668 P.2d 1343 (Alaska 1983). “In a distressed fishery, that is, a fishery in which the number of users exceeded the optimum number as of January 1, 1973, the maximum number “shall be the highest units of gear fished in that fishery during any one of the four years preceding January 1, 1973.”
Wilber v. State, Com. Fisheries Entry Comm'n, 187 P.3d 460 (Alaska 2008). “250 provides in relevant part: (a) Following the establishment of the maximum number of units of gear for a particular fishery under AS 16.43.240, the commission shall adopt regulations establishing qualifications for ranking applicants for entry permits according to the degree…”
Com. Fisheries Entry Comm'n v. Apokedak, 680 P.2d 486 (Alaska 1984). “250(a) provides: Following the establishment of the maximum number of units of gear for a particular fishery under AS 16.43.240, the commission shall adopt regulations establishing qualifications for ranking applicants for entry permits according to the degree of hardship which…”
Doubleday v. State, Com. Fisheries Entry Comm'n, 238 P.3d 100 (Alaska 2010). “AS 16.43.240(a). 4 . 20 AAC 05.320(e)(1)}-(2).”
Est. of Lewis v. State, Com. Fisheries Entry Comm'n, 892 P.2d 175 (Alaska 1995). “AS 16.43.240. Once the CFEC limits entry into a fishery, it classifies the fishery as “distressed” or “non-distressed,” AS 16.”
May v. State, Com. Fisheries Entry Comm'n, 175 P.3d 1211 (Alaska 2007). “AS 16.43.240 (2006). 39 . Id. at 611 (quoting Johns v.”
— Alaska Stat. § 16.43.240(a) — 7 cases
Com. Fisheries Entry Comm'n v. Apokedak, 606 P.2d 1255 (Alaska 1980). “AS 16.43.240(a). [43] This is accomplished initially by reference to the number of units of gear fished in the specified area in designated prior years, a means independent of the requirement that applicants be prior gear licensees.”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “AS 16.43.240. Finally, the CFEC is to establish an optimum number of permits for each fishery which may be greater or less than the number of permits that have been actually issued for the fishery.”
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “2d 1256, 1261-62 (Alaska 1988) (applying *608 AS 16.43.240). 2 . The point system for this fishery is described in 20 Alaska Administrative Code (AAC) 05.”
Rutter v. State, 668 P.2d 1343 (Alaska 1983). “In a distressed fishery, that is, a fishery in which the number of users exceeded the optimum number as of January 1, 1973, the maximum number “shall be the highest units of gear fished in that fishery during any one of the four years preceding January 1, 1973.”
Doubleday v. State, Com. Fisheries Entry Comm'n, 238 P.3d 100 (Alaska 2010). “AS 16.43.240(a). 4 . 20 AAC 05.320(e)(1)}-(2).”
— Alaska Stat. § 16.43.240(b) — 5 cases
Pasternak v. State, Com. Fisheries Entry Comm'n, 166 P.3d 904 (Alaska 2007).
Rutter v. State, 668 P.2d 1343 (Alaska 1983). “In a distressed fishery, that is, a fishery in which the number of users exceeded the optimum number as of January 1, 1973, the maximum number “shall be the highest units of gear fished in that fishery during any one of the four years preceding January 1, 1973.”
Doubleday v. State, Com. Fisheries Entry Comm'n, 238 P.3d 100 (Alaska 2010). “AS 16.43.240(a). 4 . 20 AAC 05.320(e)(1)}-(2).”
Vik v. Com. Fisheries Entry Comm'n, 636 P.2d 597 (Alaska 1981).
State v. Dupier, 74 P.3d 922 (Alaska Ct. App. 2003).
— Alaska Stat. § 16.43.240(c) — 1 case
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “210, stated: Interim-use permit; qualifications, (a) Pending the establishment of the maximum number of entry permits under AS 16.43.240 and the issuance of entry permits under AS 16.”
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