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LARSEN v. ORE. DEPT. OF FISH & WILDLIFE

CA A39283.

736 P.2d 227 (1987)

85 Or.App. 406

Ivan LARSEN, Tom Hanlon, Rex Simantel, James C. Putman, Clarence V. Demase, Jack Marincovich, Dennis Johnson, Daniel L. Snair, Clarence Tolva, William P. Finucane, Daniel D. Heiner, Gene W. Elliott, Frank Tarabochia, Frederick Larsen, David Davis, Walter K. Smith, A. Eileen Stevens Smith, Ed Hillard, Joseph Hillard, Patricia Wikstrom, George L. Wikstrom, Zetta Gibson, Vince Tarabochia, Ester A. McGuire, Matt Jurich, Larry Telen, Steve Smith, Abbie Ihander, Mark Ihander, and Joe Tarabochia, Petitioners, v. OREGON DEPARTMENT OF FISH & WILDLIFE, State Fish & Wildlife Commission and Jack Donaldson, State Fish & Wildlife Director, Respondents.

Court of Appeals of Oregon.

Decided May 6, 1987.

Attorney(s) appearing for the Case

Robert C. Moberg, Seaside, for petitioners. With him on brief, was Campbell, Moberg & Canessa, Seaside.

Richard D. Wasserman, Asst. Atty. Gen., Salem, for respondents. With him on brief, were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Petitioners challenge the promulgation by the Director of the Department of Fish and Wildlife of a temporary rule repealing OAR 635-42-140 and thereby eliminating the Columbia River commercial sturgeon setline season. ORS 183.400. We grant respondents' motion to dismiss.

Former OAR 635-42-140 provided,1 in pertinent part:

"Sturgeon may be taken by setline for commercial purposes from noon April 1 to...

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