Malemute, Jimmy (C)
Case #: 75-682 Status & Date: Dismissed / /
Court #(s): 4FA-79-1235-CI Fishery(s): S08P
Judge: Attorney: Gen. Opp.

Appellant did not get a permit and he did not timely request a hearing. It was denied by the commission when later he attempted to obtain a hearing. The appellant is claiming that he was a constructive owner of a gear license during a period that the state did not infore its' regulations in his area. He claims he relied on the nonenforcement and did not obtain a license. He says it should not be held against him. Case dismissed by stipulation.

Martin, James Al (C)
Case #: 92-092-A Status & Date: DECIDED Reversed 10/30/95
Court #(s): 1JU-94-647 CI Fishery(s): S03A
Judge: Carpeneti Attorney: Gen. Weinstein Opp. Mertz

Commission reversed and 10 points awarded for past participation and consistency based on unavoidable circumstances and 10 incme dependence points awarded based on special circumstances.

Martushev, Vladimir (C)
Case #: 75-496 Status & Date: Dismissed / /
Court #(s): 3HO-78-10-CIV Fishery(s):
Judge: Attorney: Gen. Opp.

Appellant filed a late application and claimed it was due to misinformation given him by a hearing officer. The Commission refused to accept it, or to give him a hearing. The case was dismissed by stipulation that states that the commission will reconsider accepting the application, but the appellant has a right to reappeal the final decision of the Commission.

Martushev, Vladimir (C)
Case #: 75-496 Status & Date: Decided Affirmed 12/05/83
Court #(s): 3HO-82-391-CI Fishery(s): S03E
Judge: Cranston Attorney: Gen. Opp.

Since the alleged misadvice occurred after close of the application period, the late application was not accepted. Points on appeal include challenges to the application deadline, to the gear license requirement, all sorts of due process claims, and an Apokedak partnership claim. Not eligible for IUP.

Masneri v. Thorson v. State (C)
Case #: ******** Status & Date: Dismissed / /
Court #(s): 3AN-82-5443-CI Fishery(s):
Judge: Attorney: Gen. Gaguine Opp.

Plaintiff died.

Matson, Jean (C)
Case #: ******** Status & Date: Decided Affirmed 5/12/88
Court #(s): 1JU-85-1086CIV Fishery(s): S03A
Judge: Pegues Attorney: Gen. Koester Opp. McKeen

Appeal from denial of income dependence points on special showing. Also argues that regulations adopted by CFEC inappropriately apply a 90% income dependence level on the Lynn Canal setnet fishery.

Matson, Jean (C)
Case #: ******** Status & Date: DECIDED REMANDED 2/02/90
Court #(s): S-2845 1JU-85-1086 CI Fishery(s): S03A
Judge: Attorney: Gen. Koester Opp. McKeen

Appeal from denial of income dependence points on special showing. Also argues that regulations adopted by CFEC inappropriately apply a 90% income dependence level on the Lynn Canal setnet fishery. -------- Court AFFIRMED Commission's application of 90% income dependence for both setnetters and gillnetters in the gillnet fishery point system. REMANDED for hearing on applicant's income dependence.

May, Bert (O)
Case #: 90-145 Status & Date: ON APPEAL Filed 12/30/04
Court #(s): 1KE-04-582 Fishery(s): G01A
Judge: Attorney: Gen. Fields Opp. Holman

May found ineligible to apply because he failed to coomercially harvest purse seine roe herring in Area A-1 during the period 1960-1976. May argued he should receive points for participation in waters of the Annette Island Reserve.

McCormick, Tatiana (C)
Case #: 75-850 Status & Date: Dismissed Remanded / /
Court #(s): 3KO-79-341-CI Fishery(s): S03T
Judge: Attorney: Gen. Opp.

No information

McGahan, Dale (C)
Case #: 88-006-A Status & Date: DECIDED Affirmed 4/30/92
Court #(s): 3KO-88-277 CIV Fishery(s): S03H
Judge: Hopwood Attorney: Gen. Baker Opp. Hough

Appellant was not licensed and did not receive participation points claimed, neither as a gear licence holder nor a crew member. He was therefore also denied income dependence points.

McGahan, Dale R (C)
Case #: ******** Status & Date: Dismissed / /
Court #(s): 3HO-79-203-CIV Fishery(s):
Judge: Attorney: Gen. Opp.

Appellant did not get participation points because he was not licensed. He appealed, but the case was dismissed by stipulation of the parties.

McGhan, Clifford (C)
Case #: ******** Status & Date: Decided Affirmed 10/17/84
Court #(s): 3AN-82-8030 CI Fishery(s): S01H
Judge: Serdahely Attorney: Gen. Forbes Opp.

Commission did not abuse discretion in denying vessel ownership points under .630(b)(3) or .620(a)(2) where appellant's boat was destroyed prior to qualification date. While commission has recognized exceptions in similar cases where a boat was replaced within a reasonable time, it is not obligated to do so as a matter of law.

McGhan, Clifford (C)
Case #: ******** Status & Date: Decided Affirmed 10/17/84
Court #(s): 3AN-82-8030 CI Fishery(s): S01H
Judge: Serdahely Attorney: Gen. Forbes Opp.

There is no indication that the limited entry "hardship standards" in AS 16.43.250, such as "economic dependence" and "past participation", mandate an inquiry into an applicant's economic status for years far beyond the enactment of the statute. Court refused appellant's argument that the CFEC erred by not considering his income dependence on fishing in years since 1974, thus failing to evaluate his "situation as a whole".

McGhan, Clifford (C)
Case #: 75-401 Status & Date: Decided Affirmed 10/17/84
Court #(s): 3AN-82-8030 CI Fishery(s): S01H
Judge: Serdahely Attorney: Gen. Forbes Opp.

Points appeal for unavoidable and special circumstances.

McGhan, Clifford (C)
Case #: ******** Status & Date: Decided Affirmed 10/17/84
Court #(s): 3AN-82-8030-CI Fishery(s): S03H
Judge: Serdahely Attorney: Gen. Forbes Opp.

Court found substantial evidence to support the CFEC's decision that appellant did not have the specific intent to fish and had not made all reasonably possible efforts to participate in the fishery. Thus appellant failed to qualify for unavoidable or special circumstances points.

McGhan, Clifford (C)
Case #: 75-401 Status & Date: Decided Affirmed 10/17/84
Court #(s): 3AN-82-8030-CI Fishery(s): S01H
Judge: Serdahely Attorney: Gen. Forbes Opp.

Points appeal.

McGill, Katherine (C)
Case #: 75-665 Status & Date: Dismissed / /
Court #(s): 3KO-79-201-CIV Fishery(s):
Judge: Attorney: Gen. Opp.

Appellant is one point shy of a permit. She is claiming she should get participation points as a gear license holder because of her partnership relationship that existed between she and her husband. The case is stayed pending a decision in the supreme court Polushkin concerning disqualification of a judge. Case remanded by stipulation.

McMahan, William (C)
Case #: ******** Status & Date: Dismissed / /
Court #(s): 3AN-79-19-CIV Fishery(s):
Judge: Attorney: Gen. Opp.

Appellant was refused a permit and he appealed. His attorney kept requesting extensions for the purpose of submitting new evidence. Since appellant was in prison in Washington it was difficult to obtain the evidence needed. The case was dismissed because the appellant did not pay cost and appeal bond nor filed a brief.

Melton, Clarence (C)
Case #: 75-664 Status & Date: Decided Remanded 5/23/79
Court #(s): 3AN-78-7-83-CI Fishery(s):
Judge: Carlson Attorney: Gen. Opp.

Appellant originally received two verified points in 1975. In 1978, he was allowed to submit new evidence and he ended up with l4 points. Sixteen (16) points were needed for a permit. He requested a hearing and was denied it. The judge ruled that the Commission had a statutory duty to give him a hearing because AS 16.43.260(c). The judge also stated in dictum that the expectancy of a permit was a property right.

Melton, Clarence (C)
Case #: ******** Status & Date: Decided Remanded 5/23/79
Court #(s): 3AN-78-7083 Fishery(s):
Judge: Carlson Attorney: Gen. Opp.

AS 16.43.260(c) establishes a statutory right to a hearing upon the request of an applicant when the applicant has failed to establish his qualifications for an entry permit. Just as important to due process as the right to be heard is the right to have the hearing held at a meaningful time and in a meaningful manner.

Melton, Clarence (C)
Case #: ******** Status & Date: Decided Remanded 5/23/79
Court #(s): 3AN-78-7083 Fishery(s):
Judge: Carlson Attorney: Gen. Opp.

The Commissioner's denial of a hearing request by an applicant following submission of new evidence in 1978 deprived the applicant of his right to a hearing at a meaningful time since only in 1978 after the point level for issuing permits had dropped would the points claimed have entitled the applicant to a permit.

Melton, Clarence (C)
Case #: ******** Status & Date: Decided Remanded 5/23/79
Court #(s): 3AN-78-7083-CI Fishery(s):
Judge: Carlson Attorney: Gen. Opp.

Because a permit is granted as a matter of right to an individual who has the required number of points, an expectancy in a permit is a constitutionally protectable interest.

Menish, William (C)
Case #: 89-018-A Status & Date: DECIDED Affirmed 6/20/02
Court #(s): 1JU-01-01625 Fishery(s): T19A
Judge: Weeks Attorney: Gen. White Opp. Bruce

Appealing denial of permit based on eligibility. The applicant obtained an interim-use permit after the season. He did not have a valid IUP when he commercially harvested the resource. CFEC affirmed.

Merritt, Leander (C)
Case #: ******** Status & Date: DECIDED REMANDED 5/02/80
Court #(s): 3HO-79-158 CIV Fishery(s): S01E
Judge: Madsen Attorney: Gen. Opp.

For the Commission to refuse to consider partnership income dependence points under 20 AAC 05.630(b)(2) on the sole criteria that a partnership income tax form 1065 was not filed, has no reasonable basis in light of the purpose of the ranking provisions of the Limited Entry Act.

Merritt, Leander (C)
Case #: 75-758 Status & Date: Decided Remanded 5/02/80
Court #(s): 3HO-79-158-CIV Fishery(s):
Judge: Madsen Attorney: Gen. Opp.

Remanded for hearing pursuant to Templeton.

Merritt, Leander (C)
Case #: ******** Status & Date: Decided Remanded 10/25/84
Court #(s): 3KO-83-436 CIV Fishery(s): S01M
Judge: Madsen Attorney: Gen. Forbes Opp.

Since the Commission's own regulations require a Commissioner to be present at an oral presentation or to have listened to a tape recording of the proceeding before participating in a decision on the same, the state has the burden of establishing the Commission complied with its regulations. Court refused to invoke the presumption of regularity and presume that the commission consulted with the missing commissioner before making its decision.

Merritt, Leander (C)
Case #: 75-758 Status & Date: DECIDED Remand 4/04/85
Court #(s): 3KO-83-436-CIV Fishery(s): S01E
Judge: Madsen Attorney: Gen. Powers Opp. Hough

Appeal of commission's denial of income dependence partnership points. Appellant also claimed denial of his statutory and due process rights because a Commissioner involved in his decision was not present at his oral presentation. Court held that this violated 20 AAC 05.845, and remanded case to commission for a rehearing or to show affirmatively that the decision was made in compliance with .845. Appeal stayed per stipulation pending reconsideration by the commission in light of Chocknock.

Miller, James (C)
Case #: 75-720 Status & Date: DISMISSED 1/06/89
Court #(s): 3HO-87-337 CIV Fishery(s): G34A
Judge: Cranston Attorney: Gen. Levy Opp. Hough

Appealing Commission's denial of administrative review of the denial of appellant's request for administrative hearing and Commission's denial for hearing on the denial of an IUP.

Miller, Otto (C)
Case #: ******** Status & Date: Dismissed / /
Court #(s): 3HO-80-287-CIV Fishery(s): S01H
Judge: Attorney: Gen. Opp.

Appellant did not receive unavoidable circumstances in 1971 because he did not proceed as a reasonable person and with required intent because he didn't try to start his engine until two weeks after the start of the season, and after he discovered the engine would need to be overhauled he did not try to get another boat. Case remanded by stipulation.

Miner, Estate of Julie (C)
Case #: ******** Status & Date: Decided Affirmed 11/06/81
Court #(s): 635 P.2d 827 Fishery(s): S03T
Judge: Attorney: Gen. Gaguine Opp.

A hearing is not required where there are no substantial and material issues crucial to the determination. Where the fact of untimely application is undisputed and no exception to the filing deadline is mandated for insane persons, no hearing is required for the denial of the application.

Miner, Estate of Julie (C)
Case #: ******** Status & Date: Decided Affirmed 11/06/81
Court #(s): 635 P.2d 827 Fishery(s): S03T
Judge: Attorney: Gen. Gaguine Opp.

A hearing is not required where there are no substantial and material issues crucial to the determination. Where the fact of untimely application is undisputed and no exception to the filing deadline is mandated for insane persons, no hearing is required for the denial of the application.

Miner, Estate of Julie (C)
Case #: ******** Status & Date: Decided Affirmed 11/06/81
Court #(s): 635 P.2d 827 Fishery(s): S03T
Judge: Attorney: Gen. Gaguine Opp.

The yellow card in conjunction with media coverage was sufficiently informative to constitute adequate notice, even in the case of a mentally incompetent person since assistance was available.

Miner, Estate of Julie (C)
Case #: ******** Status & Date: Decided Affirmed 11/06/81
Court #(s): 635 p.2d 827 Fishery(s): S03T
Judge: Attorney: Gen. Gaguine Opp.

Although not every application for a state benefit represents a property interest entitled to due process protection, an applicant's interest under the limited entry law does because of the statute's linking entitlement to past license-holding, because the standards by which applications are judged are specific and non-discretionary, and because the statute regulates individuals' pursuits of their livelihoods.

Miner, Julie (C)
Case #: ******** Status & Date: Decided Affirmed 11/06/81
Court #(s): 635 P.2d 827 Fishery(s): S03T
Judge: Attorney: Gen. Gaguine Opp.

Appellant filed a late application and claimed mental incapacity as her excuse for filing late. It was not accepted by the Commission, or the Superior Court. Affirmed by the Supreme Court.

Moore, Brian (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

In determining whether an agency's interpretation of a regulation is appropriate, a reviewing court may consider whether this interpretation complies with accepted interpretations of similar language and is harmonious with other related regulations.

Moore, Brian (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

Applicant who challenged prior commission decision regarding his gross income, was asking commission to look again at evidence which he had previously submitted and to change its position. Thus the 30-day time limit for reconsideration of decisions was applicable. Commission regulations did not authorize reconsideration of a decision made four years earlier.

Moore, Brian (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

A reevaluation of the merits of an adjudicatory decision by the same agency is a "reconsideration". The correction of administrative errors cannot be construed to allow an adjudicatory reopening of a commission decision after the time limit for reconsideration has expired, in the absence of a finding of inadvertant mistake or other special circumstances.

Moore, Brian (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

Since no particular administrative expertise was involved in interpreting regulation dealing with the commission's power to reopen prior determinations, Supreme Court substituted its judgment in interpreting that regulation.

Moore, Brian (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 3HO-82-470 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

CFEC letter informing applicant that upon review, they had found no administrative error in initial determination, and that case would not be reopened, constituted a "final administrative determination" subject to judicial review under Appellate Rule 602(a)(2). In reaching its decision, the commission had conducted what it termed a "thorough review" of Moore's application before it rejected his claims of administrative error on the merits.

Moore, Brian D. (C)
Case #: ******** Status & Date: Decided Dismissed 4/20/83
Court #(s): 3HO-82-470 Fishery(s): S03M
Judge: Cranston Attorney: Gen. Neville Opp.

The commission's decision not to consider a request to correct alleged administrative error is non applealable. 20 AAC 05.805(d) does not afford an applicant an independent right more than two years after a final administrative decision to petition the commission for an adjustment of alleged administrative error. The initiative lies with the commission. AFFIRMED by Supreme Court 9/14/84 (688 P.2d 582)

Moore, Brian D. (C)
Case #: ******** Status & Date: Decided Affirmed 9/14/84
Court #(s): 688 P.2D 582 3HO-82-470 Fishery(s): S03M
Judge: Burke Attorney: Gen. Knuth Opp.

Appeal from refusal to reopen for administrative error. Dismissed as non appealable. Appealed to Supreme Court and affirmed.

Moses, Sam (C)
Case #: ******** Status & Date: Decided Dismissed / /
Court #(s): 4BE-78-43-CIV Fishery(s): S04W
Judge: Cooke Attorney: Gen. Knuth Opp.

Appellant filed his application about l8 months late and it was not accepted. Alaska Legal Services took his case and alleges violation of equal protection, due process and an abuse of discretion. Consolidated with Charlie and stayed pending Pete.

Murphy, Francis C (C)
Case #: ******** Status & Date: Decided Dismissed / /
Court #(s): KE-79-313-CIV Fishery(s): S01A
Judge: Schulz Attorney: Gen. Knuth Opp.

Appellant was a partner with his father and so he never purchased a gear license. He claimed that the commission should treat him as a gear license holder. The case was stayed pending the final determination of Apokedak.

Myers, Alpha (C)
Case #: 75-785 Status & Date: Decided Remanded / /
Court #(s): 3KO-79-340-CIV Fishery(s): S03T
Judge: Madsen Attorney: Gen. McCracken Opp.

Remanded by stipulation. Court retained jurisdiction.

Myers, Dale (C)
Case #: 75-784 Status & Date: Decided Remanded / /
Court #(s): 3KO-79-339-CIV Fishery(s): S03T
Judge: Madsen Attorney: Gen. McCracken Opp.

Remanded by stipulation. Court retained jurisdicision.

Myers, Elaine & West (Myers), Mary (C)
Case #: 75-725 Status & Date: DISMISSED 2/24/92
Court #(s): 3AN-86-10169-C Fishery(s): S04T
Judge: Shortell Attorney: Gen. Levy Opp. Snyder

These appellants were issued non-transferable permits and were not issued fully transferable permits due to a denial of crew participation points for years when they were ages 7 & 8 and 8 & 9, respectively. Also denied site ownership points due to inconsistent evidence. Remanded to CFEC for reconsideration of gear and set net site ownership. Court retained jurisdiction. Court DISMISSED without prejudice to either party's right to re-file after the remand decision by the Commission.