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ALASKA FISH SPOTTERS v. STATE

No. S-4540.

838 P.2d 798 (1992)

ALASKA FISH SPOTTERS ASSOCIATION, Ron Gribble, Dennis Thacker, Jerry Mahony, Lee William Budde and Richard Sorenson, Appellants, v. STATE of Alaska, DEPARTMENT OF FISH AND GAME, and Board of Fisheries, Appellees.

Supreme Court of Alaska.

September 11, 1992.

Attorney(s) appearing for the Case

William F. Brattain, II, and Anthony M. Sholty, Faulkner, Banfield, Doogan & Holmes, Juneau, for appellants.

Stephen M. White and Larri Irene Spengler, Asst. Attys. Gen. and Charles E. Cole, Atty. Gen., Juneau, for appellees.

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

OPINION

COMPTON, Justice.

The Alaska Fish Spotters Association and several individual fish spotters operating in Bristol Bay (Fish Spotters) challenged 5 Alaska Administrative Code (AAC) 06.378 (1991), which prohibits the use of aircraft to locate salmon during open commercial salmon fishing periods. The superior court upheld the regulation. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1988 the Alaska Board of Fisheries (Board) adopted...

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