Alaska Supreme Court

Cook Inlet Fisherman's Fund, Appellant v. State of Alaska, Department of Fish & Game, Appellee

September 25, 20152015 Alas. LEXIS 129

Summary

The Alaska Supreme Court affirmed summary judgment for the Department and an enhanced attorney-fee award in litigation challenging emergency restrictions on the Upper Cook Inlet set-net fishery. It held that the Commissioner’s actions were authorized by the Board’s management plans and emergency-order authority, that the actions did not violate the Alaska Constitution’s uniform-application requirement, and that the requested injunction was impermissibly vague and would improperly draw courts into daily fishery management. The court also held that additional discovery was unnecessary and that the fee award was not an abuse of discretion.