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HENSEL v. STATE, DEPT. OF FISHERIES

Nos. 18000-6-II, 18154-1-II and 18229-7-II.

919 P.2d 102 (1996)

82 Wash.App. 521

Michael HENSEL, Appellant, v. The DEPARTMENT OF FISHERIES, Joseph Blum, its Director, Respondent. Dean C. NIELSEN, Appellant, v. The DEPARTMENT OF FISHERIES, Joseph Blum, its Director, Respondent. L. Joe SCHREINER, Appellant, v. The DEPARTMENT OF FISHERIES, Joseph Blum, its Director, Respondent.

Court of Appeals of Washington, Division 2.

Publication Ordered July 19, 1996.

Attorney(s) appearing for the Case

Kathryn B. McLeod, Jay Douglas Geck, Asst. Attys. Gen., Olympia, for respondent.

Joseph Lawrence Coniff, Jr., and James Emmett Freeley, Olympia, for appellants.

ARMSTRONG, Judge.

In this consolidated action, the three appellants challenge the denial of their sea urchin endorsement applications. The Department of Fisheries denied the applications, finding that the appellants did not qualify for the extenuating circumstances exception to the endorsement act's historic landing requirement (proof of 20,000 pounds of urchin landings between April 1986 and April 1988). Because past participation in the urchin fishing industry is...

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