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STATE v. KENAITZE INDIAN TRIBE

No. S-10358.

83 P.3d 1060 (2004)

STATE of Alaska and Frank Rue, as Commissioner of Fish and Game, Appellants, v. KENAITZE INDIAN TRIBE, Ninilchik Traditional Council, Knik Tribal Council, and Native Village of Eklutna, Appellees. Kenaitze Indian Tribe, Cross-Appellant, v. State of Alaska and Frank Rue, as Commissioner of Fish and Game, Cross-Appellees.

Supreme Court of Alaska.

January 16, 2004.

Attorney(s) appearing for the Case

Stephen M. White, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellants/Cross-Appellees.

Goriune Dudukgian and James J. Davis, Jr., Alaska Legal Services Corporation, Anchorage, for Appellee/Cross-Appellant Kenaitze Indian Tribe, and for Appellees Knik Tribal Council and Native Village of Eklutna.

David S. Case and Cindy Thomas, Landye Bennett Blumstein LLP, Anchorage, for Appellee Ninilchik Traditional Council.

Before: MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After the Alaska Joint Boards of Fisheries and Game promulgated a regulation classifying the communities of Eklutna, Knik, and Ninilchik as nonsubsistence areas, the communities appealed to the superior court, which held that the regulation was invalid because it did not satisfy AS 16.05.258(c). Because we conclude that the joint boards, in promulgating the regulation, did not act arbitrarily and...

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