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PENINSULA MARKETING ASS'N v. ROSIER

Nos. S-6413, S-6423.

890 P.2d 567 (1995)

PENINSULA MARKETING ASSOCIATION, Concerned Area M Fishermen, Aleutians East Borough, Shumagin Corporation, Qagan Tayagungin Tribal Council, Agdaagux Tribal Council, Unga Tribal Council, Unga Corporation, Nelson Lagoon Village Council, and False Pass Tribal Council, Petitioners, v. Carl ROSIER, in his official capacity as Commissioner of the Alaska Department of Fish and Game, and the Alaska Department of Fish and Game, Respondents, and Native Village of Elim, Nome Eskimo Community, Kawerak, Inc., and Arctic Regional Fish and Game Council, Respondents and Cross-Petitioners.

Supreme Court of Alaska.

February 24, 1995.

Attorney(s) appearing for the Case

Michael A.D. Stanley, Juneau, Alvin J. Ziontz and Marc D. Slonim, Ziontz, Chestnut, Varnell, Berley and Slonim, Seattle, for petitioners.

T. Henry Wilson, Asst. Atty. Gen., Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for respondents.

Eric Smith, Anchorage, for respondents and cross-petitioners.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

COMPTON, Justice.

The Commissioner of the Department of Fish and Game (Commissioner) presented a fisheries management proposal to the Board of Fisheries (Board). The proposal was rejected. The Commissioner then indicated that he intended to implement the proposal by utilizing his emergency powers, notwithstanding the Board's decision. The superior court enjoined the Commissioner from using his emergency powers if based on information already...

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