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(Download) "Stepovak-Shumagin Set Net Association v." by Supreme Court of Alaska # eBook PDF Kindle ePub Free

Stepovak-Shumagin Set Net Association v.

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eBook details

  • Title: Stepovak-Shumagin Set Net Association v.
  • Author : Supreme Court of Alaska
  • Release Date : January 09, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 83 KB

Description

COMPTON, Justice. At issue is the validity of Title 5, section 09.366 (regulation) of the Alaska Administrative Code (AAC). This regulation
was adopted by the Board of Fisheries (Board) in 1991. This regulation delays, until July 20, the opening of the commercial
salmon post-June set net fishing season within the Shumagin Islands section of the Southern Alaska Peninsula. Previously the
South Peninsula fisheries had opened to commercial fishing on approximately July 6. Stepovak-Shumagin Set Net Association
(SSSNA) challenges the regulation on the following theories: (1) the regulation is not reasonably necessary for purposes of
conservation and development, (2) the regulation is arbitrary, (3) the Board's decision is not adequately explained in its
decisional document, and (4) the regulation does not provide SSSNA a fair and reasonable opportunity to take salmon for commercial
fishing. SSSNA asks this court to declare the regulation invalid and reverse the superior court's award of attorney's fees.
In the alternative, it asks that this case be remanded to the Board for further proceedings. We sustain the regulation.


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