Haynes v. State, Commercial Fisheries Entry Commission

OPINION

MOORE, Justice.

In 1977, when the Commercial Fisheries Entry Commission (CFEC) limited entry into the southeast Alaska roe herring purse seine fishery, Harold Haynes applied for an entry permit. The CFEC evaluated his application according to a point system spelled out in 20 AAC 05.664.1 On July 13, 1982, the CFEC determined that Haynes had insufficient points to qualify for a permit, and denied his application. Haynes did not request agency reconsideration of the decision, nor did he appeal.

Almost three years later, in March 1985, Haynes brought an “independent action” in superior…