State v. Kenaitze Indian Tribe

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

After the Alaska Joint Boards of Fisheries and Game promulgated a regulation classifying the communities of Eklutna, Knik, and Ninilchik as nonsubsistence areas, the communities appealed to the superior court, which held that the regulation was invalid because it did not satisfy AS 16.05.258(c). Because we conclude that the joint boards, in promulgating the regulation, did not act arbitrarily and capriciously, we reverse the decision of the superior court, thus reinstating the disputed regulation. We also conclude that the joint boards did not err by…