State v. Lawler

BRYNER, Chief Judge.

The state cited David B. Lawler for fishing with an undersized gillnet, in violation of 5 AAC 27.131(f). District Court Judge George L. Gucker dismissed the case, ruling that the former regulation defining the “stretched measure” method of determining net mesh size violated Lawler’s right to due process. The state appeals, and we reverse.

The facts are undisputed. Lawler was fishing commercially for herring in the area where gillnets with a mesh size of less than two and one-fourth inches were prohibited under 5 AAC 27.131(f). Troopers measured Lawler’s net after he pulled…