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ALASKA TRADEMARK SHELLFISH, LLC v. STATE

No. S-10308.

91 P.3d 953 (2004)

ALASKA TRADEMARK SHELLFISH, LLC, and Gary Zaugg, Lance Pihlman, Stephen LaCroix, Ryan Morin, and Kurt Morin, Appellants, v. STATE of Alaska, Alaska Department of Fish and Game, Commissioner Frank Rue, Doug Mecum, Scott Marshall, and John Does 1-10, Appellees.

Supreme Court of Alaska.

Rehearing Denied June 24, 2004.

Attorney(s) appearing for the Case

Bruce B. Weyhrauch, Juneau, for Appellants.

Stephen LaCroix, pro se, Ketchikan.

Blaine H. Hollis, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

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

OPINION

BRYNER, Justice.

I. INTRODUCTION

This case requires us to determine whether Alaska law gives shellfish farmers the exclusive right to harvest wild stocks already growing on their farm sites. Several applicants asked the Alaska Department of Fish and Game for aquatic farm permits allowing them to grow and commercially harvest geoduck clams in Alaska waters. When the Department of Fish and Game declined to give them exclusive rights...

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