Widmyer v. State, Commercial Fisheries Entry Commission

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 not for "extraordinary circumstances." Wid-myer, though he had been unable to land many fish between 1975 and 1984, argued that he qualified for participation…