COMMERCIAL FISHERIES ENTRY COM'N v. APOKEDAK

No. 4464.

606 P.2d 1255 (1980)

COMMERCIAL FISHERIES ENTRY COMMISSION, State of Alaska, Appellant, v. John E. APOKEDAK, Appellee.

Supreme Court of Alaska.

February 5, 1980.


Attorney(s) appearing for the Case

Jonathan K. Tillinghast, Asst. Atty. Gen. and Avrum M. Gross, Atty. Gen., Juneau, for appellant.

James G. Robinson, David B. Snyder, and Joel Bolger, Alaska Legal Services Corp., Dillingham, for appellee.

J.P. Tangen and Pamela L. Finley, Robertson, Monagle, Eastaugh & Bradley, Juneau, for Eugene Anderson, et al., as amici curiae in support of appellee.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER and BURKE, JJ., and DIMOND, Senior Justice.


OPINION

BOOCHEVER, Justice.

In 1973, the Alaska legislature passed an act authorizing a commission to regulate entry into the commercial fisheries for all fishery resources in the state (hereinafter Limited Entry Act).1 The Act specified that after January 1, 1974, "no person may operate gear in the commercial taking of fishery resources without a valid entry permit or a valid interim-use permit issued by the commission."

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