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Commercial Fishing License Limitation in the State of Alaska: A Controversial System of Grandfather Rights

After two failed attempts to establish limited entry in its salmon fisheries, pursuant to legislation adopted by the Alaska Legislature in 1973, Alaska placed its primary salmon fisheries under limitation by 1975. Alaska persisted in seeking limited entry largely in response to declining salmon resources coupled with increasing levels of participation. Alaska’s system limited the number of gear licenses to a maximum number which must be equal to or greater than the highest number of units of gear present in a particular fishery during the four years prior to limitation. With all prior participants eligible to apply, the number of eligible applicants was generally far greater than the maximum number. Under an elaborate system of grandfather rights, permanent entry permits have been awarded to those fishers who demonstrated the most dependence upon a particular fishery, as measured by their past participation and economic dependence. Eligible fishers may continue to fish until there is a final determination on their applications. Permanent entry permits are, for the most part, freely transferable and inheritable, subject to some restriction (for example, permits may neither be leased nor pledged as security for a debt).