Waiste v. State

OPINION

Before BRYNER, C.J., COATS, J., and ANDREWS, District Judge.* ANDREWS, District Judge.

John M. Waiste appeals from his conviction after a trial by jury of the misdemean- or offense of operating a drift gill net in a manner not conforming to its basic design. 5 AAC 39.105(a)(3). We reverse.

On August 9, 1989, Waiste was arrested while commercially fishing for salmon using drift net gear on the Egegik River. Alaska State Trooper Robert Mumford and Fish and Game Technician Tory Oleck were on the river in the Fish and Wildlife patrol vessel, Public Safety No. 1, when they observed Waiste’s…