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STATE v. ROZAK

No. A-7980.

48 P.3d 474 (2002)

STATE of Alaska, Appellant, v. Gregory Arthur ROZAK, Appellee.

Court of Appeals of Alaska.

May 31, 2002.

Attorney(s) appearing for the Case

Sabrina E.L. Fernandez and Lance B. Nelson, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant.

Arthur S. Robinson, Robinson & Beiswenger, Soldotna, for Appellee.

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

OPINION

MANNHEIMER, Judge.

This appeal requires us to interpret 5 AAC 39.107, a regulation enacted by the Board of Fisheries to govern the operation of fishing gear. This regulation establishes a general rule that people who own a permit to operate stationary fishing gear (e.g., set nets or fish wheels) must remain at the site of their gear while it is operating. Gregory Arthur Rozak is a Cook Inlet set netter who was prosecuted for violating...

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