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TONGASS SPORT FISHING ASS'N v. STATE

No. S-5202.

866 P.2d 1314 (1994)

TONGASS SPORT FISHING ASSOCIATION; Ketchikan Marine Charters Association; Southeastern Lodge & Resort Owners Association; Sitka Charter Boat Owners Association; Petersburg Charter Boat Association; Sitka Sportsman's Association; Juneau Charter Boat Operator's Association; Alaska State Council of Trout Unlimited; and Alaska Sport Fishing Federation, Appellants, v. STATE of Alaska; Alaska Board of Fisheries; Alaska Department of Fish & Game; and Carl L. Rosier, Commissioner of Fish & Game, Appellees. Alaska Trollers Association, Appellee/Intervenor.

Supreme Court of Alaska.

January 14, 1994.

Attorney(s) appearing for the Case

James R. Blair, Bliss Riordan, Fairbanks, for appellants.

John P. Griffin, Asst. Atty. Gen., Charles E. Cole, Atty. Gen., Juneau, for appellees.

Bruce B. Weyhrauch, Faulkner, Banfield, Doogan & Holmes, Juneau, for appellee/intervenor.

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

OPINION

RABINOWITZ, Justice.

This appeal concerns a regulation promulgated by the Alaska Board of Fisheries (the Board) allocating the number of chinook (king) salmon that may be harvested by commercial seiners and gillnetters, commercial trollers, and sport fishers in southeast Alaska. This appeal presents three questions. First, does the allocative regulation promulgated by the Board violate the policies expressed in Article VIII of the Alaska Constitution...

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