State v. Hebert

OPINION

SINGLETON, Judge.

In this case we are asked to consider the validity of 5 Alaska Administrative Code (AAC) 27.987, a fish and game regulation governing commercial herring fishing in Norton Sound. On February 6, 1986, Fish and Wildlife Protection officers charged Jay Hebert with violating 5 AAC 27.987. 1

Hebert was charged because he fished as an entry-permit holder in an exclusive use area, Norton Sound, after having already fished in nonexclusive-use areas, Bristol Bay and Security Cove, during the 1985 fishing season. On May 5, 1986, Hebert moved to dismiss the charge on the ground…