|DONALD H. CARLSON, WARREN||)|
|HART, GERARD HASKINGS, STEPHEN||)|
|R. LIBBY, EARL WEESE, and LYLA C.||)|
|WEESE, Individually and as Class||)|
|Representatives on Behalf of All Persons||)|
|STATE OF ALASKA, COMMERCIAL||)|
|FISHERIES ENTRY COMMISSION,||)|
|)||Case no. 3AN-84-5790 CI|
NOTICE OF PROPOSED CLASS REFUND
TO ALL NON-RESIDENT ALASKA COMMERCIAL FISHERMEN: YOU ARE BEING NOTIFIED THAT THE STATE OF ALASKA MAY OWE YOU A REFUND WITH INTEREST FOR OVERPAYMENT OF COMMERCIAL FISHING FEES DATING BACK TO DECEMBER 1984.
PURPOSE OF THIS NOTICE.
This notice is to inform you about a lawsuit and a proposed refund to some non resident fishermen who purchased Alaska commercial fishing licenses and permits after December 1984. The State of Alaska may owe you money.
CLAIMS IN THE ACTION AND PAST PROCEEDINGS.
This class action was filed on June 22, 1984 by plaintiffs, all non-resident commercial fishermen, individually and on behalf of the class of non-resident commercial fishermen, seeking to end Alaskas practice of charging class members three times the commercial fishing license and permit fees charged resident Alaska commercial fishers. Among other law claims, Plaintiffs asked the superior court to declare the 3:1 non-resident fee differential illegal under Privileges and Immunities Clause of the U.S Constitution, to enjoin the non-resident differential and to order a refund of the differential with interest to class members. The case was certified as a class action on December 13, 1984 and has been maintained as a class action since that date.
As a result of the litigation, the 3:1 fee differential has been declared unlawful, permit fees for non-residents generally reduced and refunds have been ordered by the Supreme Court of Alaska.
This dispute has been exhaustively litigated in many hearings and in a trial in the Superior Court for the Third Judicial District in Anchorage, in five Carlson appeals to the Supreme Court of Alaska and in two petitions to the U.S. Supreme Court. All of this has taken over 28 years.
In the latest appeal (Carlson V), decided in January 2012, the Supreme Court of Alaska confirmed that individual class members would be entitled to a refund with interest if they paid substantially more than residents for licenses and permits over the period December 1984-2003, but held statutory simple interest should be awarded rather than compound interest, thereby greatly reducing the earlier interest component of the refund.
THE PROPOSED REFUND.
The State of Alaska, Commercial Fisheries Entry Commission (CFEC), has calculated and listed refund calculations for all eligible class members on its home page (www.cfec.state.ak.us) under 'Carlson Information'. Refer to the 'Carlson Lists'. Those class members named on List 1 will receive a refund. Those class members named on List 2 and List 3 will not receive a refund. Class Counsel believes that the refund accountings are accurately calculated. Class members may administratively appeal if they believe that they are eligible for a refund or that their accounting is incorrect by contacting CFEC at: Commercial Fisheries Entry Commission, 8800 Glacier Highway, #109, P.O. Box 110302, Juneau, AK. 99811-0302; their telephone number is: 907-790-6931; and their email address is firstname.lastname@example.org
All other questions should be directed to the refund administrator, A.B. Data by calling their toll free number: 800-526-8244, going to the class website: www.carlsonrefund.com., or email: info@CarlsonRefund.com
YOUR OBLIGATIONS AS A CLASS MEMBER.
IF YOU ARE ON LIST ONE, YOU WILL RECEIVE A REFUND AND YOU DO NOT HAVE TO DO ANYTHING, EXCEPT TO KEEP CFEC OR A.B. DATA INFORMED OF YOUR CURRENT ADDRESS AND TO RETURN THE W-9 FORM INCLUDED WITH THE REFUND PACKET THAT YOU WILL RECEIVE IN THE MAIL FROM A.B. DATA. REFUNDS ARE ANTICIPATED TO BE MAILED AT THE END OF OCTOBER 2012. CLASS MEMBERS DUE REFUNDS WILL NOT RECEIVE THEIR CHECK UNLESS THE W-9 FORM INCLUDED WITH THE REFUND PACKET IS RETURNED TO A.B. DATA WITH ACCURATE INFORMATION.
Notice given by order of the Superior Court, Third Judicial District, at Anchorage.
DATED: August 29, 2012
The Lists 1 and 2 links are PDF files and will require either a stand alone PDF reader, such as Adobe Acrobat Reader, or a plugin that will allow you to view the PDF within your browser. The files are searchable and are sorted by last name.