STATE v. DUPIER

No. S-11140.

118 P.3d 1039 (2005)

STATE of Alaska, Petitioner, v. John DUPIER, Rodman E. Miller, and Phillip J. Twohy III, Respondents.

Supreme Court of Alaska.

August 12, 2005.


Attorney(s) appearing for the Case

Jon K. Goltz, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Petitioner.

Michael Hough, Homer, for Respondents Dupier and Twohy.

Melvin M. Stephens II, Kodiak, for Respondent Miller.

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


OPINION

FABE, Justice.

I. INTRODUCTION

The State of Alaska charged three federally permitted fishers with landing their halibut and sablefish catches in Alaska without state permits. The fishers did not attempt to fish in state waters. The fishers argue that the Commercial Fisheries Entry Commission (CFEC) exceeded its authority when it required them to possess interim-use permits to land their...

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