Payton v. State

OPINION

FABE, Justice.

I. INTRODUCTION

Tom and Diane Payton seek to have a subsistence fishery created in the upper Yentna River area. The Board of Fisheries (Board) denied the Paytons’ repeated proposals for such a fishery, and the Paytons appealed to the superior court. The superior court granted summary judgment against the Paytons, concluding that (1) the Board correctly interpreted statutory and regulatory provisions relating to subsistence and (2) there was ample evidentiary support for the Board’s finding that current uses of salmon in the upper Yentna River area were not sufficiently…