Schlagel v. State

OPINION

STEWART, Judge.

Following a bench trial, Thomas D. Schla-gel was convicted of violating 5 AAC 06.358(d)(1)(B), which provides that a "set gillnet may not be set or operated within 150 feet of another set gillnet." The State concedes that the trial court did not properly apply the "first in time, first in right" rule-a defense to criminal charges for violating the minimum distance between units of fishing gear 1 -to the facts in this case. Because we find the State's concession to be well founded, we reverse.

On June 30, 1999, Schlagel and another fisherman, Byron Lamb, were vying for the…