미국 알라스카주 어업권의 재산권성

In Vandevere v. Lloyd(644 F.3d 957 (9th Cir.)), the Ninth Circuit held that the fishermen's entry permits were not a property for purposes of takings claims. In Vandevere, the Ninth Circuit considered whether some of Alaska's regulations on commercial salmon fishing, which shortened fishing seasons, violated the Takings Clause. In 1996, the Alaska Commercial Fisheries Entry Commission began to enact regulations that drastically shortened the drift-gillnet season to run only from June 25 to August 9--shortening the season by seventy-five percent. Vandevere plaintiffs in Alaska's Upper Cook Inlet claimed that the regulations severely diminished the value of their entry permits by limiting the numbers of fishes they could catch and sell. The Ninth Circuit applied a Takings Clause analysis in which state law governs the demarcation of a property right, while federal law governs the manner in which the state must respect that right. Deferring entirely to the Alaska court's holding in a nearly identical case, the Ninth Circuit held that the fishermen's entry permits were not a property for purposes of a takings claim according to regulatory takings precedent.