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STEPOVAK-SHUMAGIN v. BD. OF FISHERIES

No. S-5679.

886 P.2d 632 (1994)

STEPOVAK-SHUMAGIN SET NET ASSOCIATION, Appellant, v. STATE of Alaska, BOARD OF FISHERIES, Appellee. and Chignik Seiners Association, Inc., Intervenor.

Supreme Court of Alaska.

December 9, 1994.

Attorney(s) appearing for the Case

Arthur S. Robinson, Robinson, Beiswenger & Ehrhardt, Soldotna, for appellant.

Jeffrey T. Killip, Asst. Atty. Gen., Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for appellee.

Gregory F. Cook, Douglas, and Bruce B. Weyhrauch, Faulkner, Banfield, Doogan & Holmes, Juneau, for intervenor.

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

COMPTON, Justice.

At issue is the validity of Title 5, section 09.366 (regulation) of the Alaska Administrative Code (AAC). This regulation was adopted by the Board of Fisheries (Board) in 1991. This regulation delays, until July 20, the opening of the commercial salmon post-June set net fishing season within the Shumagin Islands section of the Southern Alaska Peninsula. Previously the South Peninsula fisheries had opened to commercial fishing on approximately July...

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