Tongass Sport Fishing Association - Supreme Court of Alaska

Tongass Sport Fishing Association

By Supreme Court of Alaska

  • Release Date: 1994-01-14
  • Genre: Law

Description

RABINOWITZ, Justice. This appeal concerns a regulation promulgated by the Alaska Board of Fisheries (the Board) allocating the number of chinook
(king) salmon that may be harvested by commercial seiners and gillnetters, commercial trollers, and sport fishers in southeast
Alaska. This appeal presents three questions. First, does the allocative regulation promulgated by the Board violate the policies
expressed in Article VIII of the Alaska Constitution? Second, in promulgating this regulation, did the Board consider the
relevant criteria and take a "hard look" at the salient problems involved? Third, is a decisional document supporting the
regulation required, and if not, is the record sufficient to support the Board's adoption of the regulation? We determine
that the superior court answered all three of these questions correctly, and affirm its grant of summary judgment to the Board.

Comments