September 26, 2025

(Anchorage, AK) – Today, the Alaska Supreme Court delivered an important decision affirming the State’s authority to repeal outdated and unnecessary regulations, significantly reducing administrative burdens on the public. Although the specific issue here involved the Commissioner of Fish and Game's authority to repeal a ban on jet skis in Kachemak Bay and Fox River Flats Critical Habitat Areas, the decision has broader implications for the State.

The authority to enact a regulation implies the authority to repeal it. In reversing the Superior Court, the Alaska Supreme Court clarified this basic principle of administrative law: the State need not maintain "zombie regulations." This aligns with Alaska Governor Mike Dunleavy’s recent directive in Administrative Order 360 to reduce unnecessary regulatory burdens and repeal outdated or excessive rules.

“This is a win for Alaskans. The Alaska Supreme Court affirms our authority to repeal outdated rules when the facts don’t justify them. That’s exactly the AO 360 playbook: take a hard look, cut red tape, protect what matters. More commonsense regulatory reform ahead,†said Alaska Attorney General Stephen Cox.

“Today’s decision is a win for Alaskans who value access to our waters. It confirms the Department’s ability to remove outdated rules and ensure our parks and public lands remain open for responsible recreation. We’re pleased the Court recognized the importance of keeping regulations flexible and reflective of how Alaskans enjoy the outdoors,†said Commissioner Doug Vincent-Lang of the Alaska Department of Fish & Game.

The case centered on a 2001 regulation that banned the use of personal watercraft (jet skis) in two critical habitat areas near Homer. In 2021, Commissioner Vincent-Lang repealed the ban, prompting a legal challenge from conservation groups who argued that the Commissioner lacked the authority to repeal the regulation and that the repeal was unsupported by scientific evidence.

The Alaska Supreme Court’s decision not only confirmed the Commissioner’s authority to repeal regulations but also upheld the thorough review process that informed the repeal. The Court recognized that the Commissioner had carefully considered relevant scientific studies, staff opinions, and the legislative intent of the critical habitat area statutes.

This ruling sets a precedent for future regulatory actions, affirming the State’s ability to eliminate unnecessary regulations and adapt to evolving circumstances, thus reducing administrative burdens and enhancing governance.

Read the Alaska Supreme Court ruling.

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.