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MARBLE v. DEPARTMENT OF FISH AND WILDLIFE

130645; A134932.

234 P.3d 1062 (2010)

236 Or. App. 54

Dale MARBLE, Petitioner, v. DEPARTMENT OF FISH AND WILDLIFE, Respondent.

Court of Appeals of Oregon.

Decided June 23, 2010.

Attorney(s) appearing for the Case

Robert F. Kehoe argued the cause and filed the briefs for petitioner.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

The Commercial Fishery Permit Board of the Oregon Department of Fish and Wildlife issued an amended final order in a contested case proceeding that upheld a 200 crab pot limit for petitioner's Oregon Dungeness crab vessel permit for the Fishing Vessel (F/V) Adventurous. The board based its decision on its interpretation of OAR 635-006-1015(1)(g)(E) (June 20, 2006),1 which, according to the board, requires the crab-pot limit...

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