Alaska Supreme Court Favors Private Interests in Landmark Quota Decision

A recent decision by the Alaska Supreme Court has observers fearful that large commercial fishing interests will be granted de factoownership of the state’s hugely important fish stocks. The ruling by the state’s high court concerns the Alaska Limited Entry Act, approved by Alaska’s voters in 1973, which governs the state’s quota system. The decision states that, because commercial fishermen hold licenses which are greatly valuable, and, unlike noncommercial take licenses, roll over from year to year, they grant commercial fishing interests the status of a “cohesive, recognizable, and permanent group.” According to the opinion, this group, rather than the people of the state, has a controlling interest in Alaska’s salmon resources.

The decision goes on to state that, should allotments restricting the issuance of fishing rights have to be made in the future, prospective non-commercial parties would be the one’s to experience curtailed fishing rights first. While the immediate effects of this decision greatly concern Alaska’s recreational and sport fishing communities, observers are interested to see what kind of precedent this decision may create, sending economic shockwaves far beyond the borders of the state.