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SCHLAGEL v. STATE

No. A-7538.

13 P.3d 275 (2000)

Thomas D. SCHLAGEL, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 9, 2000.

Attorney(s) appearing for the Case

Charles M. Merriner, Anchorage, for Appellant.

Eric A. Aarseth, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

STEWART, Judge.

Following a bench trial, Thomas D. Schlagel was convicted of violating 5 AAC 06.358(d)(1)(B), which provides that a "set gillnet may not be set or operated within 150 feet of another set gillnet." The State concedes that the trial court did not properly apply the "first in time, first in right" rule—a defense to criminal charges for violating the minimum distance between units of fishing gear 1

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