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Sec. 16.43.010. Purpose and findings of fact.

(a) It is the purpose of this chapter to promote the conservation and the sustained yield management of Alaska’s fishery resource and the economic health and stability of commercial fishing in Alaska by regulating and controlling entry of participants into the commercial fisheries in the public interest and without unjust discrimination. (b) The legislature finds […]

Sec. 16.43.020. Alaska Commercial Fisheries Entry Commission.

(a) There is established the Alaska Commercial Fisheries Entry Commission as a regulatory and quasi-judicial agency of the state. The commission consists of two members appointed by the governor and confirmed by the legislature in joint session. (b) The governor shall designate one member of the commission as chair of the commission. The designated member […]

Sec. 16.43.030. Term of office; vacancy and removal.

(a) The members of the commission shall be appointed for terms of four years. (b) A vacancy on the commission shall be filled by appointment by the governor and the appointment shall be confirmed by the legislature in joint session. Except as provided in AS 39.05.080(4), a member selected to fill a vacancy shall hold […]

Sec. 16.43.040. Quorum.

Unless there is a vacancy on the commission, two members of the commission constitute a quorum for the transaction of business, for the performance of a duty, or for the exercise of a power of the commission.

Sec. 16.43.050. Qualifications.

The commission shall consist of two members with a broad range of professional experience, neither of whom has a vested economic interest in an interim-use permit, entry permit, commercial fishing vessel or gear, or in any fishery resource processing or marketing business.

Sec. 16.43.060. Compensation.

Members of the commission are in the exempt service and are entitled to a monthly salary equal to a step in Range 25 of the salary schedule in AS 39.27.011.

Sec. 16.43.070. Legal counsel.

The attorney general is the legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in suits to which it is a party. However, the commission may retain additional legal counsel as appropriate.

Sec. 16.43.080. Employment of personnel.

(a) The commission may employ those persons necessary to carry out the purposes of this chapter. Employees of the commission are in the exempt service under AS 39.25.110. (b) In addition to its staff of regular employees, the commission may contract for and engage the services of consultants, experts, and hearing officers as necessary.

Sec. 16.43.100. Duties and general powers.

(a) To accomplish the purposes set out in AS 16.43.010, the commission shall (1) regulate entry into the commercial fisheries for all fishery resources in the state; (2) establish priorities for the application of the provisions of this chapter to the various commercial fisheries of the state; (3) establish administrative areas suitable for regulating and […]

Sec. 16.43.110. Regulations and hearing procedures.

(a) The commission may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter. (b) The commission shall adopt regulations, consistent with due process of law, that govern practice and procedure and the conduct of all investigations, hearings, and proceedings that […]

Sec. 16.43.120. Application of Administrative Procedure Act.

(a) The administrative adjudication procedures of AS 44.62 (Administrative Procedure Act) do not apply to adjudicatory proceedings of the commission except that final administrative determinations by the commission are subject to judicial review as provided in AS 44.62.560 – 44.62.570. (b) AS 44.62.010 – 44.62.319 and 44.62.640 apply to regulations adopted by the commission.