Alaska Trademark Shellfish, LLC v. State

OPINION

BRYNER, Justice.

I. INTRODUCTION

This case requires us to determine whether Alaska law gives shellfish farmers the exclusive right to harvest wild stocks already growing on their farm sites. Several applicants asked the Alaska Department of Fish and Game for aquatic farm permits allowing them to grow and commercially harvest geo-duck clams in Alaska waters. When the Department of Fish and Game declined to give them exclusive rights to the wild geo-ducks on their proposed farm sites, the applicants appealed to the superior court. The superior court upheld the department’s decision,…