Alaska Stat. » Chapter 16.43

Alaska Stat. § 16.43.300

Revisions of optimum number of entry permits

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Sec. 16.43.300. Revisions of optimum number of entry permits.
 (a) The commission may increase or decrease the optimum number of entry permits for a fishery when one or more of the following conditions makes a change desirable considering the purposes of this chapter:
     (1) an established long-term change in the biological condition of the fishery has occurred that substantially alters the optimum number of entry permits permissible applying the standards set out in AS 16.43.290;

     (2) an established long-term change in market conditions has occurred, directly affecting the fishery, that substantially alters the optimum number of entry permits permissible under the standards set out in AS 16.43.290.

 (b) If the commission decreases the optimum number of entry permits for a fishery, the number of entry permits may be reduced only under the voluntary buy-back provisions set out in AS 16.43.310 and 16.43.320.


Notes of Decisions
Cited in 3 cases, 2004–2011 · leading case: Grunert v. State
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Grunert v. State (2005) alaska · cites it 2× “[33] See AS 16.43.300. This power of the CFEC erases the Opinion's concern that the regulation interferes with permitting requirements such as the applicant being "presently able to engage actively in the fishery.”
Simpson v. State, Commercial Fisheries Entry Commission (2004) alaska “See AS 16.43.300. 14 . AS 16.43.310-.330. 15 .”
Vandevere v. Lloyd (2011) ca9 “Alaska Stat. § 16.43.300 . If the number of entry permits previously issued exceeds the revised optimum number of permits, the Commission must institute a buy-back program to purchase transferable entry permits, using money set aside in a buy-back fund established for each…”
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