Monday, February 17, 2014

Scallop scuffle

For the latest on the continuing efforts in Juneau to maintain limited entry for the state's small commercial scallop fishery, check out this email blast from United Fishermen of Alaska.

1 comment:

Anonymous said...

And the Department of No Law Memo; citing Grunert? It's tough to grasp a concept, that vessels are not "natural person's" in any Alaska Fishery.

Boats cannot spawn, but then Jerry McCune still thinks wild fish come from a hatchery bucket too.

Area E, it's related to a fishin District, a Court Case, a Grade Point average, at the department of incomplete studies at Vote Uneducated Fishermen of Alaska.

E. We Address Other Arguments Raised on Appeal To Inform the Parties of Other Concerns We Have Regarding the Cooperative Scheme.

1. The emergency regulation authorized a legal entity other than a natural person to operate gear in a Commercial Fishing Entry Commission administration area.
"The Limited Entry Act defines “person” as a “natural person”;  “ ‘person’ does not include a corporation, company, partnership, firm, association, organization, joint venture, trust, society, or other legal entity other than a natural person.” 71  The emergency regulation authorized cooperative permit holders to operate fixed leads and use net pens under the conditions imposed by the commissioner's permits.72  The commissioner's permits were issued to the cooperative as a whole, not to individual Chignik salmon purse seine permit holders.73  Thus, fixed lead, purse seine, and net pen permits were issued to the Alliance.   Although it is unclear from the record what type of organizational entity the Alliance is, it is not a “natural person.” 74  Because the emergency regulation authorized the commissioner to issue a permit to operate gear to the Alliance, the emergency regulation impermissibly conflicted with AS 16.43.140.