Alaska Stat. § 16.43.260
Application for initial issue of entry permits
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Sec. 16.43.260. Application for initial issue of entry permits.
(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 — 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes.
(b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant's qualifications under the regulations adopted under AS 16.43.250.
(c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110(b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit.
(d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1, 1973.
(e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made.
(f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant's qualifications as of the effective date of the statute or regulation establishing the moratorium.
(a) The commission shall accept applications for entry permits only from applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses issued under former AS 16.05.536 — 16.05.670 or interim-use permits under AS 16.43.210(a) or 16.43.225 before the qualification date established in (d), (e), or (f) of this section. The commission may specify by regulation the calendar years of participation that will be considered for eligibility purposes.
(b) The commission shall establish the opening and closing dates, places and form of application for entry permits for each fishery. The commission may require the submission of specific verified evidence establishing the applicant's qualifications under the regulations adopted under AS 16.43.250.
(c) When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according to the procedures established in AS 16.43.110(b). At the hearing the applicant may present alternative evidence of qualifications for an entry permit.
(d) Except as provided in (e) or (f) of this section, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1, 1973.
(e) Except as provided in (f) of this section, when the commission establishes the maximum number of entry permits for a particular fishery under AS 16.43.240 after January 1, 1975, an applicant shall be assigned to a priority classification based solely upon the applicant's qualifications as of January 1 of the year during which the commission establishes the maximum number of entry permits for the fishery for which application is made.
(f) When the commission establishes the maximum number of entry permits under AS 16.43.240 for a fishery that is subject to a moratorium under AS 16.43.225, an applicant for an entry permit for the fishery shall be assigned to a priority classification based solely upon the applicant's qualifications as of the effective date of the statute or regulation establishing the moratorium.
Notes of Decisions
Cited in 31
cases, 1976–2007 · leading case: Commercial Fisheries Entry Commission v. Apokedak
Commercial Fisheries Entry Commission v. Apokedak (1980)
“2d 359 (Alaska 1976); (2) he was in fact a gear license holder within the meaning of AS 16.43.260 by virtue of his joint venture or partnership with a gear license holder, George Wilson, in 1970 and 1971; (3) the gear license requirement is unconstitutional as a violation of the…”
Isakson v. Rickey (1976)
“In his dissent, Justice Connor takes the position that the purpose of AS 16.43.260 (a) was to alter the basic criteria by which initial free limited entry permits were to be allocated.”
Commercial Fisheries Entry Commission v. Apokedak (1984)
“AS 16.43.260 limits eligibility to apply for an entry permit to those "applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses.”
Estate of Lewis v. State, Commercial Fisheries Entry Commission (1995)
“The hearing officer also determined as a matter of law that Lewis was not eligible to apply for the Prince William Sound permit because Lewis had not harvested herring commercially as required under AS 16.43.260(a). He first ruled that Lewis’ claimed 1975 commercial harvest…”
Forquer v. State, Commercial Fisheries Entry Commission (1984)
“” AS 16.43.260(a). This is in keeping with the goal of the Act to award permits “according to the degree of hardship which [applicants] would suffer by exclusion from the fishery.”
Grunert v. State, Commercial Fisheries Entry Commission (1987)
“Under AS 16.43.260(a), only a person who has fished commercially as a gear license holder is eligible to apply for a limited entry permit.”
State v. Ostrosky (1983)
“AS 16.43.260(a). Under the Act, crew members need not have an entry permit as long as the holder of the entry permit is present when gear is operated.”
Rose v. Commercial Fisheries Entry Commission (1982)
“Applicants for such fisheries are limited to prior gear license holders, AS 16.43.260(a), and they have to be ranked by the CFEC according to the degree of hardship which they would suffer by exclusion from the fishery, measured as of January 1, 1973.”
Grunert v. State (2005)
“[38] GORDON SCOTT HARRISON, ALASKA'S CONSTITUTION: A CITIZEN'S GUIDE app. (3d ed.1992). [39] Ch.”
May v. State, Department of Revenue, Child Support Services Division (2007)
“AS 16.43.260. Eligibility to apply is governed by statute and not the regulations, leading to apparent confusion within the CFEC in the early years of this case.”
Simpler v. State, Commercial Fisheries Entry Commission (1986)
“2 He argues that since the version of AS 16.43.260(a) 3 in effect during the initial application period required participation as a gear license holder and did not mention interim-use permits, the re *229 quirement in 20 AAC 05.”
Brandal v. State, Commercial Fisheries Entry Commission (2006)
“Rickey, 12 we held that a portion of the Act, codified in AS 16.43.260(a), denying permits to those who did not possess a gear license before January 1, 1973 violated the Equal Protection Clauses of both the Alaska and federal constitutions.”
— Alaska Stat. § 16.43.260(a) — 18 cases
Isakson v. Rickey (1976)
“In his dissent, Justice Connor takes the position that the purpose of AS 16.43.260 (a) was to alter the basic criteria by which initial free limited entry permits were to be allocated.”
Commercial Fisheries Entry Commission v. Apokedak (1980)
“2d 359 (Alaska 1976); (2) he was in fact a gear license holder within the meaning of AS 16.43.260 by virtue of his joint venture or partnership with a gear license holder, George Wilson, in 1970 and 1971; (3) the gear license requirement is unconstitutional as a violation of the…”
Commercial Fisheries Entry Commission v. Apokedak (1984)
“AS 16.43.260 limits eligibility to apply for an entry permit to those "applicants who have harvested fishery resources commercially while participating in the fishery as holders of gear licenses.”
Estate of Lewis v. State, Commercial Fisheries Entry Commission (1995)
“The hearing officer also determined as a matter of law that Lewis was not eligible to apply for the Prince William Sound permit because Lewis had not harvested herring commercially as required under AS 16.43.260(a). He first ruled that Lewis’ claimed 1975 commercial harvest…”
Grunert v. State, Commercial Fisheries Entry Commission (1987)
“Under AS 16.43.260(a), only a person who has fished commercially as a gear license holder is eligible to apply for a limited entry permit.”
— Alaska Stat. § 16.43.260(b) — 4 cases
Forquer v. State, Commercial Fisheries Entry Commission (1984)
“” AS 16.43.260(a). This is in keeping with the goal of the Act to award permits “according to the degree of hardship which [applicants] would suffer by exclusion from the fishery.”
— Alaska Stat. § 16.43.260(c) — 7 cases
Forquer v. State, Commercial Fisheries Entry Commission (1984)
“” AS 16.43.260(a). This is in keeping with the goal of the Act to award permits “according to the degree of hardship which [applicants] would suffer by exclusion from the fishery.”
Crivello v. State (2002)
— Alaska Stat. § 16.43.260(d) — 8 cases
Isakson v. Rickey (1976)
“In his dissent, Justice Connor takes the position that the purpose of AS 16.43.260 (a) was to alter the basic criteria by which initial free limited entry permits were to be allocated.”
Commercial Fisheries Entry Commission v. Apokedak (1980)
“2d 359 (Alaska 1976); (2) he was in fact a gear license holder within the meaning of AS 16.43.260 by virtue of his joint venture or partnership with a gear license holder, George Wilson, in 1970 and 1971; (3) the gear license requirement is unconstitutional as a violation of the…”
Estate of Smith v. State (1981)
— Alaska Stat. § 16.43.260(e) — 1 case
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