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FISHERMEN AGAINST IRRESPONSIBLE REALLOCATION, INC. v. FISH & WILD COM'N

A135023.

193 P.3d 1014 (2008)

222 Or. App. 353

FISHERMEN AGAINST IRRESPONSIBLE REALLOCATION, INC., an Oregon nonprofit corporation; Jeffrey D. Mulkey; Trilogy Crab Pots, Inc., a Washington corporation; and West Bay Fisheries, Inc., an Oregon corporation, Petitioners, v. FISH AND WILDLIFE COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided September 24, 2008.

Attorney(s) appearing for the Case

Gregory A. Chaimov, Portland, argued the cause for petitioners. With him on the briefs were John A. DiLorenzo, Jr., Portland, and Davis Wright Tremaine LLP.

Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

HASELTON, P.J.

Pursuant to ORS 183.400,1 petitioners challenge the validity of two administrative rules of the State Fish and Wildlife Commission (the commission) specifying the number of crab pots that may be used by commercial fishing vessels. Petitioners argue that we should declare OAR 635-006-1015(1)(g)(E) and former OAR 635-005-0055(6)(d) (2007), renumbered as OAR 635-005-0055(7)(d) (2008),2

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