State v. Rozak

OPINION

MANNHEIMER, Judge.

This appeal requires us to interpret 5 AAC 89.107, 'a regulation enacted by the Board of Fisheries to govern the operation of fishing gear. This regulation establishes a general rule that people who own a permit to operate stationary fishing gear (eg., set nets or fish wheels) must remain at the site of their gear while it is operating. Gregory Arthur Rozak is a Cook Inlet set netter who was prosecuted for violating this requirement. This appeal arose when the district court dismissed the prosecution against Ro-zak.

The underlying question is the meaning of subsection…