Alaska Statutes
Alaska Stat. § 16.43.290 (2026)
Optimum number of entry permits
✓ current as of July 2026
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Sec. 16.43.290. Optimum number of entry permits.
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 maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear;
(2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques;
(3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.
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 maintain an economically healthy fishery that will result in a reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear;
(2) the number of entry permits necessary to harvest the allowable commercial take of the fishery resource during all years in an orderly, efficient manner, and consistent with sound fishery management techniques;
(3) the number of entry permits sufficient to avoid serious economic hardship to those currently engaged in the fishery, considering other economic opportunities reasonably available to them.
Notes of Decisions
Cited in 6
cases, 1988–2007 · leading case: Grunert v. State, 109 P.3d 924 (Alaska 2005).
Grunert v. State, 109 P.3d 924 (Alaska 2005). “290 (establishing optimum number of permits based on "reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear" and avoidance of "serious economic hardship to those currently…”
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “990(6);, AS 16.43.290. 13 . See AS 16.43.300. 14 .”
Johns v. Com. Fisheries Entry Comm'n, 758 P.2d 1256 (Alaska 1988). “AS 16.43.290. If the optimum number exceeds the issued permits, the state must issue additional permits under a method which assures the receipt of fair market value.”
State, Alaska Bd. of Fisheries v. Grunert, 139 P.3d 1226 (Alaska 2006). “[40] AS 16.43.290. [41] For example, although seventy-seven Chignik purse seine permit holders participated in the cooperative fishery in 2002, only eighteen boats were used.”
Pasternak v. State, Com. Fisheries Entry Comm'n, 166 P.3d 904 (Alaska 2007). “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 maintain an economically health fishery that will result in a reasonable…”
State v. Grunert, 139 P.2d 1226 (Alaska 2006). “[40] AS 16.43.290. [41] For example, although seventy-seven Chignik purse seine permit holders participated in the cooperative fishery in 2002, only eighteen boats were used.”
— Alaska Stat. § 16.43.290(1) — 1 case
Grunert v. State, 109 P.3d 924 (Alaska 2005). “290 (establishing optimum number of permits based on "reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear" and avoidance of "serious economic hardship to those currently…”
— Alaska Stat. § 16.43.290(3) — 1 case
Grunert v. State, 109 P.3d 924 (Alaska 2005). “290 (establishing optimum number of permits based on "reasonable average rate of economic return to the fishermen participating in that fishery, considering time fished and necessary investments in vessels and gear" and avoidance of "serious economic hardship to those currently…”
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