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WIDMYER v. STATE, COMM. FISHERIES ENTRY

Nos. S-14009, S-14010.

267 P.3d 1169 (2011)

Jim L. WIDMYER, Appellant, v. STATE of Alaska, COMMERCIAL FISHERIES ENTRY COMMISSION, Appellee.

Supreme Court of Alaska.

Rehearing Denied February 13, 2012.

Attorney(s) appearing for the Case

Bruce B. Weyhrauch , Law Office of Bruce B. Weyhrauch, Juneau, for Appellant.

Thomas Lenhart , Assistant Attorney General, and John J. Burns , Attorney General, Juneau, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

Jim Widmyer, a commercial fisher, applied for a permit to fish for sablefish. The State distributes these permits largely on the basis of past participation in the sablefish fishery, specifically participation between 1975 and 1984. An applicant is deemed to have participated in a given year if the applicant landed 2,000 pounds of sablefish that year or if the applicant would have landed sablefish if...

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