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SITKA TRIBE v. ALASKA DEP'T OF FISH & GAME

Supreme Court No. S-18114.

540 P.3d 893 (2023)

SITKA TRIBE OF ALASKA, Appellant, v. State of Alaska, ALASKA DEPARTMENT OF FISH & GAME, and Southeast Herring Conservation Alliance, Appellees.

Supreme Court of Alaska.

December 29, 2023.

Attorney(s) appearing for the Case

John M. Sky Starkey , Jennifer Coughlin and Andrew Erickson , Landye Bennett Blumstein LLP, Anchorage, for Appellant.

Kimberly D. Rodgers , Assistant Attorney General, Anchorage, and Treg R. Taylor , Attorney General, Juneau, for Appellee State of Alaska.

Michael A. D. Stanley , Juneau, for Appellee Southeast Herring Conservation Alliance.

Jon K. Tillinghast, Simpson Tillinghast Sheehan, P.C., Juneau, for Amicus Curiae Sealaska Corporation.

Before: Winfree, Chief Justice, Carney and Henderson, Justices, Fabe and Bolger, Senior Justices. [Maassen and Borghesan, Justices, not participating.]

OPINION

I. INTRODUCTION

A tribe claimed that the State's management of a commercial fishery harmed a subsistence fishery. The tribe alleged that the State violated the subsistence priority statute and the common use and sustained yield clauses in article VIII, sections 3 and 4 of the Alaska Constitution. It also...

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