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PENINSULA MARKETING ASS'N v. STATE

No. S-3603.

817 P.2d 917 (1991)

PENINSULA MARKETING ASSOCIATION, Concerned Area M. Fishermen, Aleutians East Borough, Shumagin Corporation, Paul Gronholdt, Stanley Mack and Peter Shuravloff, Appellants, v. STATE of Alaska, Alaska Board of Fisheries, Alaska Department of Fish and Game and Don W. Collinsworth, Commissioner of Fish and Game, Appellees, Yukon-Kuskokwim Fisheries Task Force, Curtis Augline, Antone K. Anvil, James Leopold, Jr., and Arthur T. Nelson, on behalf of themselves and other persons similarly situated, Intervenors-Appellees.

Supreme Court of Alaska.

September 20, 1991.

Attorney(s) appearing for the Case

Michael A.D. Stanley, Juneau, and Alvin J. Ziontz and Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, for appellants.

Lance B. Nelson, Asst. Atty. Gen., Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellees.

Donald Craig Mitchell, Anchorage, for intervenors-appellees.

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

OPINION

COMPTON, Justice.

This case involves a challenge to a cap on the number of chum salmon (chum) to be taken in the June fishery.1 In March of 1988, the Alaska Board of Fisheries (board) adopted a cap of 500,000 chum for the June fishery to ensure that a reasonable number of chum would reach terminal fisheries in western Alaska. The cap was codified at 5 Alaska Administrative Code (AAC) 09.365(f) (1990) and took effect on...

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