State v. Dupier

OPINION

FABE, Justice.

I. INTRODUCTION

The State of Alaska charged three federally permitted fishers with landing their halibut and sablefish catches in Alaska without state permits. The fishers did not attempt to fish in state waters. The fishers argue that the Commercial Fisheries Entry Commission (CFEC) exceeded its authority when it required them to possess interim-use permits to land their catches in Alaska. They also argue that the State is preempted by federal law from requiring federal halibut and sablefish permit holders to obtain state permits to land their catches in Alaska. In…