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STATE BD. OF FISHERIES v. GRUNERT

Nos. S-11951, S-11991.

139 P.3d 1226 (2006)

STATE of ALASKA, ALASKA BOARD OF FISHERIES, and Alaska Department of Fish and Game, Appellants/Cross-Appellees, v. Michael GRUNERT, Jim Rockom, Mori Jones, Paul Johnson, Andy Shangin, Harvey Kalmakoff, Clement Shangin, Marvin Yagi, Bernard Skonberg, John Jones, Frank Grunert, Clemens Grunert, Andy Stepanoff, Clifford Brandal, Alec Brandal, and Al Anderson, Appellees/Cross-Appellants.

Supreme Court of Alaska.

Rehearing Denied August 22, 2006.

Attorney(s) appearing for the Case

Lance B. Nelson, Senior Assistant Attorney General, Anchorage, and David W. Márquez, Attorney General, Juneau, for Appellants/Cross-Appellees.

Arthur S. Robinson, Robinson & Associates, Soldotna, for Appellees/Cross-Appellants.

Gregory F. Cook, Douglas, for Amici Curiae Chignik Seiners Association and Chignik Seafood Producers Alliance.

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

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here the validity of a 2005 emergency regulation creating a cooperative Chignik purse seine salmon fishery. In Grunert v. State (Grunert I), we invalidated former 5 Alaska Administrative Code (AAC) 15.359 (2002), an Alaska Board of Fisheries regulation that created a cooperative fishery within the Chignik purse seine salmon fishery. In response to Grunert I, the...

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