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STATE v. HEBERT

No. S-3357.

803 P.2d 863 (1990)

STATE of Alaska, Appellant, v. Jay HEBERT, Daniel L. Smith, John W. Ivanoff, Timothy Neal Biggar, Robert Woiderski, Brian Osentoski, Stephen R. Heffernan, and Ronald J. Tweto, Appellees. Jay HEBERT, et al., Cross-Appellants, v. STATE of Alaska, Cross-Appellee.

Supreme Court of Alaska.

December 7, 1990.

Attorney(s) appearing for the Case

Larri Irene Spengler, Asst. Atty. Gen., and Douglas B. Baily, Atty. Gen., Juneau, for appellant and cross-appellee State.

Brad J. Brinkman, Batchelor, Murphy & Brinkman, Juneau, for appellees and cross-appellants Hebert, et al.

Donald C. Mitchell, Anchorage, for amici curiae Kokechik and Qaluyaat Fishermen's Associations.

Before MATTHEWS, C.J., and RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Chief Justice.

Petitioners are eight herring sac roe fishermen who were charged with violating 5 AAC 27.987 by fishing in the Norton Sound district after having fished in another area.1 That regulation established two "superexclusive" use fisheries in the central Bering Sea, Cape Romanzof and Norton Sound.2 The regulation prohibits fishermen who operate in one of the superexclusive...

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