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FISH & WILDLIFE v. DEPT. OF FISH & GAME

Nos. S-14079, S-14099.

289 P.3d 903 (2012)

THE ALASKA FISH & WILDLIFE CONSERVATION FUND and The Chitina Dipnetters Association, Inc., Appellants and Cross-Appellees, v. STATE of Alaska, DEPARTMENT OF FISH & GAME, BOARD OF FISHERIES, and Ahtna Tene Nené, Appellees and Cross-Appellants.

Supreme Court of Alaska.

December 7, 2012.

Attorney(s) appearing for the Case

Michael C. Kramer, Borgeson & Kramer, Fairbanks, for Appellants/Cross-Appellees.

Lance B. Nelson, Senior Assistant Attorney General, Anchorage, and John J. Burns, Attorney General, Juneau, for Appellee/Cross-Appellant, State of Alaska.

John M. Sky Starkey, Anchorage, for Appellee/Cross-Appellant, Ahtna Tene Nené.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

In 1999, the Board of Fisheries (the Board) made a positive customary and traditional use finding in the Chitina subdistrict for the first time, thereby changing it from a "personal use" to a "subsistence" fishery. The Board reversed this decision in 2003, returning Chitina to a personal use fishery. The Alaska Fish and Wildlife Conservation Fund...

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