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BAKER v. STATE

No. A-4917.

878 P.2d 642 (1994)

Sammy D. BAKER, Jeffry C. Baker, and Alvin C. Tomlinson, Appellants, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

August 5, 1994.

Attorney(s) appearing for the Case

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

Robert Nauheim, Asst. Dist. Atty., Sharon A.S. Illsley, Dist. Atty., Kenai, and Charles E. Cole, Atty. Gen., Juneau, for appellee.

Before COATS and MANNHEIMER, JJ., and WOLVERTON, District Court Judge.

OPINION

MANNHEIMER, Judge.

Sammy D. Baker is the holder of a Commercial Fisheries Entry Commission (CFEC) permit. He operates the fishing vessel "Sea Ducer II". Under 5 AAC 39.107(b), "[t]hroughout the period of operation of mobile net gear, a person who holds a valid CFEC permit for that gear must be physically present on board the vessel from which the net gear is operated." Under section (c) of the same regulation, the permit-holder "shall personally...

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