Kodiak Seafood Processors Ass'n v. State

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

On February 26, 1993, the Commissioner of the Aaska Department of Fish and Game (Commissioner) issued an “Exploratory Scallop Fishing Permit” (Permit) that allowed Mark Kandianis to dredge for scallops in an area closed to scallop fishing. The Kodiak Seafood Processors Association (KSPA) sought a temporary restraining order to stop the dredging and a declaratory judgment holding that the Commissioner’s action improperly allowed commercial scallop fishing in an area the Aaska Board of Fisheries closed to commercial fishing. 1 Athough ADF & G revoked the…