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O'CALLAGHAN v. RUE

Nos. S-8234, S-8274.

996 P.2d 88 (2000)

Mike O'CALLAGHAN, Appellant, and Milford D. Sweat, Appellant, v. Frank RUE, in his official capacity as Commissioner of Fish & Game, Appellee.

Supreme Court of Alaska.

Rehearing Denied April 18, 2000.

Attorney(s) appearing for the Case

Mike O'Callaghan, pro se, Anchorage.

William E. Caldwell, Alaska Legal Services Corporation, Fairbanks, for Appellant Milford D. Sweat.

Steven A. Daugherty, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

Alaska Statute 16.05.831 prohibits the waste of salmon, meaning the failure to use most of the salmon carcass.1 This appeal concerns whether the Commissioner of Fish and Game had the authority to promulgate 5 Alaska Administrative Code (AAC) 93.320, involving salmon roe stripping, and whether the regulation is consistent with the salmon waste law. We conclude...

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