Alaska Statutes
Alaska Stat. § 16.43.270 (2026)
Initial issuance of entry permits
✓ current as of July 2026
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Sec. 16.43.270. Initial issuance of entry permits.
(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit.
(b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.
(c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.
(d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.
(a) The commission shall issue entry permits, for each fishery, first to all qualified applicants in the priority classifications designated under AS 16.43.250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits established under AS 16.43.230 and 16.43.240 for each fishery, except that a person within a priority classification specified under AS 16.43.250(b) may not be denied an entry permit.
(b) If, within the lowest priority classification of qualified applicants to which some entry permits may be issued, there are more applicants than there are entry permits to be issued, then the allocation of entry permits within that priority classification shall be by lottery. However, the commission shall issue entry permits to all qualified applicants in that priority classification if the total number of permits issued for the fishery does not exceed the maximum number of entry permits established under AS 16.43.240 for that fishery by more than five percent or 10 permits, whichever is greater.
(c) If, at the time entry permits are issued, some applicants are still appealing the findings of an administrative adjudication under AS 16.43.260, a sufficient number of permits shall be reserved out of the permits to be issued to protect the rights of those applicants, assuming all the appeals will be resolved in favor of the applicants. In the event that all appeals are not resolved in favor of the applicants, the remaining entry permits shall be allocated to the next most qualified applicants as provided in (a) and (b) of this section.
(d) The commission may restrict the fishing capacity employed under an entry permit if, before the initial issuance of entry permits for a fishery, the commission determines that the fishing capacity in the fishery must be limited to achieve the purposes of this chapter, establishes criteria for determining the fishing capacity that is allowed under an entry permit, and establishes how fishing capacity will be measured. The maximum fishing capacity allowed under an entry permit must be based upon past participation in the fishery by the initial recipient of the entry permit during a period, specified by the commission, preceding the qualification date established under AS 16.43.260. The commission may define fishing capacity in terms of quantity of fishing gear, a proportion of the maximum amount of gear that can be utilized in the fishery under regulations of the Board of Fisheries, fishing vessel size or other characteristics, or other factors determined by the commission to affect the amount of fishing effort in the fishery. The recipient or transferee of an entry permit issued subject to this subsection may not exceed the fishing capacity allowed under the entry permit.
Notes of Decisions
Cited in 12
cases, 1981–2010 · leading case: Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988).
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “Johns’ reliance on AS 16.43.270 is misplaced. The CFEC is required to define priority classifications based upon the hardship of similarly situated applicants for permits.”
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “It provides: Following the issuance of entry permits under AS 16.43.270, [which is based on the maximum number,] the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number…”
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “[2] AS 16.43.270. Pursuant to the statutory mandate, AS 16.”
Wickersham v. State, Com. Fisheries Entry Comm'n, 680 P.2d 1135 (Alaska 1984). “250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits .”
Noden v. Com. Fisheries Entry Comm'n, 680 P.2d 493 (Alaska 1984). “Permits are to be issued to those applicants who, relative to their competitors for that particular fishery, will suffer more hardship by being subsequently excluded from that fishery.”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “240 and the issuance of entry permits under AS 16.43.270, the [CFEC] shall issue interim-use permits under regulations adopted by the commission for each fishery, not subject to a moratorium under AS 16.”
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 697 P.2d 650 (Alaska 1985). “240, and issuance of permanent permits under AS 16.43.270 has not yet begun, the commission must issue interim-use permits “to all applicants who can establish their present ability to participate actively in the fishery.”
Pasternak v. State, Com. Fisheries Entry Comm'n, 166 P.3d 904 (Alaska 2007). “290 provides: Following the issuance of entry permits under AS 16.43.270, the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number of entry permits sufficient to…”
Doubleday v. State, Com. Fisheries Entry Comm'n, 238 P.3d 100 (Alaska 2010). “250; AS 16.43.270. 7 . 20 AAC 05.703(a). 8 . See 5 AAC 39.”
Matson v. State, Com. Fisheries Entry Comm'n, 785 P.2d 1200 (Alaska 1990). “Under Commission regulations, twenty points are required to be included in the class of those “who would suffer significant economic hardship by exclusion from the fishery” and are thus entitled to a gill net entry permit under AS 16.43.270(a). 20 AAC 05.640(a). Matson applied…”
Est. of Smith v. State, 635 P.2d 465 (Alaska 1981). “AS 16.43.270(c). The failure of these estates to pursue their judicial remedies in a timely manner thus interferes with the statutory scheme of allocating permits to those in lower priority classifications as appeals are decided adversely to the applicants.”
Vik v. Com. Fisheries Entry Comm'n, 636 P.2d 597 (Alaska 1981). “AS 16.43.270. Under these statutory provisions, the CFEC established a complex point system for determining categories of applicants, and set up an initial application period 4 of December 19, 1974, to March 18, 1975.”
— Alaska Stat. § 16.43.270(a) — 6 cases
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “It provides: Following the issuance of entry permits under AS 16.43.270, [which is based on the maximum number,] the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number…”
Wickersham v. State, Com. Fisheries Entry Comm'n, 680 P.2d 1135 (Alaska 1984). “250(b) and then to qualified applicants in order of descending priority classification, until the number of entry permits issued equals the maximum number of entry permits .”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “Johns’ reliance on AS 16.43.270 is misplaced. The CFEC is required to define priority classifications based upon the hardship of similarly situated applicants for permits.”
Noden v. Com. Fisheries Entry Comm'n, 680 P.2d 493 (Alaska 1984). “Permits are to be issued to those applicants who, relative to their competitors for that particular fishery, will suffer more hardship by being subsequently excluded from that fishery.”
Matson v. State, Com. Fisheries Entry Comm'n, 785 P.2d 1200 (Alaska 1990). “Under Commission regulations, twenty points are required to be included in the class of those “who would suffer significant economic hardship by exclusion from the fishery” and are thus entitled to a gill net entry permit under AS 16.43.270(a). 20 AAC 05.640(a). Matson applied…”
— Alaska Stat. § 16.43.270(b) — 3 cases
Rose v. Com. Fisheries Entry Comm'n, 647 P.2d 154 (Alaska 1982). “[2] AS 16.43.270. Pursuant to the statutory mandate, AS 16.”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “Johns’ reliance on AS 16.43.270 is misplaced. The CFEC is required to define priority classifications based upon the hardship of similarly situated applicants for permits.”
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “It provides: Following the issuance of entry permits under AS 16.43.270, [which is based on the maximum number,] the commission shall establish the optimum number of entry permits for each fishery based upon a reasonable balance of the following general standards: (1) the number…”
— Alaska Stat. § 16.43.270(c) — 3 cases
Est. of Smith v. State, 635 P.2d 465 (Alaska 1981). “AS 16.43.270(c). The failure of these estates to pursue their judicial remedies in a timely manner thus interferes with the statutory scheme of allocating permits to those in lower priority classifications as appeals are decided adversely to the applicants.”
Noden v. Com. Fisheries Entry Comm'n, 680 P.2d 493 (Alaska 1984). “Permits are to be issued to those applicants who, relative to their competitors for that particular fishery, will suffer more hardship by being subsequently excluded from that fishery.”
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 697 P.2d 650 (Alaska 1985). “240, and issuance of permanent permits under AS 16.43.270 has not yet begun, the commission must issue interim-use permits “to all applicants who can establish their present ability to participate actively in the fishery.”
— Alaska Stat. § 16.43.270(e) — 1 case
Kalmakoff v. State, Com. Fisheries Entry Comm'n, 697 P.2d 650 (Alaska 1985). “240, and issuance of permanent permits under AS 16.43.270 has not yet begun, the commission must issue interim-use permits “to all applicants who can establish their present ability to participate actively in the fishery.”
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