STATE v. BUNDRANT

Nos. 2295, 2435, 2444.

546 P.2d 530 (1976)

STATE of Alaska, Appellant, v. Charles BUNDRANT, Appellee. STATE of Alaska, Appellant, v. Konrad S. URI et al., Appellees. STATE of Alaska, Appellant, v. Cory A. KALDESTAD, Appellee.

Supreme Court of Alaska.

Rehearing Denied March 26, 1976.


Attorney(s) appearing for the Case

Office of Attorney General of Alaska, Juneau, Gerald W. Markham, Asst. Atty. Gen., Anchorage, for appellant.

David B. Ruskin, Anchorage, for appellee Bundrant. William B. Rozell of Faulkner, Banfield, Doogan & Holmes, Juneau, Douglas M. Fryer of Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for appellees Uri, Kaldestad and others.

Edward H. Levi, Atty. Gen. of the U.S., Wallace H. Johnson, Asst. Atty. Gen., and Bruce C. Rashkow and Michael W. Reed, Dept. of Justice, Washington, D.C., as amicus curiae for U.S.

Evelle J. Younger, Atty. Gen. of Cal., Carl Boronkay, Asst. Atty. Gen., and Roderick Walston, Deputy Atty. Gen., as amicus curiae for Cal.

Before RABINOWITZ, C.J., and CONNOR and ERWIN, JJ.


OPINION

ERWIN, Justice.

King crab occur in harvestable numbers in several areas of the Bering Sea off the coast of Alaska. Beginning in the late 1960's, the number of fishermen taking crabs from the Bering Sea increased significantly. As a result, in 1969 the Alaska Board of Fish and Game began efforts to regulate crabbing in that area, with the promulgation of 5 AAC 07.100, which created the "Bering Sea Shellfish Area" (BSSA), described as:

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