KODIAK SEAFOOD PROCESSORS ASS'N v. STATE

No. S-5987/6037.

900 P.2d 1191 (1995)

KODIAK SEAFOOD PROCESSORS ASSOCIATION, Appellant, Cross-Appellee, v. STATE of Alaska, Commissioner, Alaska Department of Fish and Game, Appellee/Cross-Appellant.

Supreme Court of Alaska.

August 11, 1995.


Attorney(s) appearing for the Case

Gregory F. Cook, Douglas, for appellant/cross-appellee.

Martin M. Weinstein, Asst. Atty. Gen. and Bruce M. Botelho, Atty. Gen., Juneau, for appellee/cross-appellant.

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


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

On February 26, 1993, the Commissioner of the Alaska Department of Fish and Game (Commissioner) issued an "Exploratory Scallop Fishing Permit" (Permit) that allowed Mark Kandianis to dredge for scallops in an area closed to scallop fishing. The Kodiak Seafood Processors Association (KSPA) sought a temporary restraining order to stop the dredging and a declaratory judgment holding that the...

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