Alaska Statutes
Alaska Stat. § 16.43.310 (2026)
Establishment of buy-back funds and permit buy-back assessments
✓ current as of July 2026
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Sec. 16.43.310. Establishment of buy-back funds and permit buy-back assessments.
(a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery.
(b) The commission may establish by regulation a permit buy-back assessment for each fishery for which the commission has established a buy-back fund under (a) of this section. The amount of the assessment may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to the assessment removes from the state or transfers to a buyer in the state. The Department of Revenue shall collect an assessment established under this subsection.
(c) The commission shall expend money appropriated to a buy-back fund for the purpose of reducing the number of entry permits in the fishery to the optimum number, at a rate to be established by the commission. The legislature may appropriate interest accrued on the money in a buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse.
(a) When the optimum number of entry permits is less than the number of entry permits outstanding in a fishery, the commission may establish a buy-back program, a buy-back plan, and a buy-back fund for that fishery.
(b) The commission may establish by regulation a permit buy-back assessment for each fishery for which the commission has established a buy-back fund under (a) of this section. The amount of the assessment may not exceed seven percent of the value, as defined in AS 43.75.290, of fish that a permit holder in the fishery subject to the assessment removes from the state or transfers to a buyer in the state. The Department of Revenue shall collect an assessment established under this subsection.
(c) The commission shall expend money appropriated to a buy-back fund for the purpose of reducing the number of entry permits in the fishery to the optimum number, at a rate to be established by the commission. The legislature may appropriate interest accrued on the money in a buy-back fund to that fund. Except as provided in AS 16.43.320, money appropriated to a buy-back fund does not lapse.
Notes of Decisions
Cited in 3
cases, 1983–2004 · leading case: State v. Ostrosky, 667 P.2d 1184 (Alaska 1983).
State v. Ostrosky, 667 P.2d 1184 (Alaska 1983). “170(c) and AS 16.43.310 -.320, under the buy-back programs both the permits and vessels and gear are purchased by the state.”
Com. Fisheries Entry Comm'n v. Byayuk, 684 P.2d 114 (Alaska 1984). “Moreover, the Commission may implement a “buyback” program to repurchase the excess permits under AS 16.43.310. 18 The statuto *121 ry “buy-back” provisions will also help to alleviate any inequities to those persons presently in the fishery.”
Simpson v. State, Com. Fisheries Entry Comm'n, 101 P.3d 605 (Alaska 2004). “AS 16.43.310. 16 . AS 16.43.330. 17 . AS 16.”
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