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NATIVE VILLAGE OF ELIM v. STATE

No. S-8135.

990 P.2d 1 (1999)

NATIVE VILLAGE OF ELIM, Nome Eskimo Community, and Kawerak, Inc., Appellants, v. STATE of Alaska and Frank Rue, in his official capacity as Commissioner of Fish and Game, and Peninsula Marketing Association, Appellees.

Supreme Court of Alaska.

October 15, 1999.

Attorney(s) appearing for the Case

Heather R. Kendall-Miller, Native American Rights Fund, Anchorage, William E. Caldwell, Alaska Legal Services Corporation, Fairbanks, and John Sky Starkey, Bethel, for Appellants.

Lance B. Nelson, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellees State of Alaska and Frank Rue.

Michael A.D. Stanley, Juneau, and Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, for Appellee Peninsula Marketing Association.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

BRYNER, Justice.

The Native Village of Elim appeals a grant of summary judgment in favor of the Alaska Board of Fisheries and Peninsula Marketing Association. Elim argues that the Board violated its duties under the sustained yield clause of the Alaska constitution by failing to identify a specific yield of salmon to be sustained. Elim also argues that the Board has violated its duty under the state subsistence law to identify chum salmon...

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