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PSHA. v. DEPT. OF FISH & WILDLIFE

No. 39435-9-II.

239 P.3d 1140 (2010)

PUGET SOUND HARVESTERS ASSOCIATION, Respondent, v. WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE, Appellant.

Court of Appeals of Washington, Division 2.

September 28, 2010.

Attorney(s) appearing for the Case

Joseph Earl Shorin III , Aty. Gen. Ofc. /Fish Wildlife & Parks Division, Olympia, WA, for Appellant.

David Scott Mann , Gendler & Mann LLP, Seattle, WA, for Respondent.

PENOYAR, C.J.

¶ 1 The Washington Department of Fish and Wildlife (WDFW) appeals the trial court's invalidation of two Washington Administrative Rules. In 2008, WDFW adopted the two rules, setting the 2008 fall chum salmon fishing schedule in South Puget Sound areas 10 and 11. WDFW allocated fishing opportunities between the gillnetters and purse seiners rather than placing a limit on the total catch of either group. The trial court invalidated the two rules,...

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