Doubleday v. State, Commercial Fisheries Entry Commission

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A commercial fisher appeals the denial of his application for permits for two fisheries. The Commercial Fisheries Entry Commission denied the permit applications because the fisher produced no evidence of his participation in one fishery and evidence of only minimal participation in the other. On appeal, the fisher argues that he could not meet his burden of proof because the State destroyed or lost the records necessary to prove his case, and that therefore this court should apply the spoliation of evidence doe-trine to conclude that the…