Alaska Supreme Court

Kenneth H. Manning, Appellant v. State of Alaska, Department of Fish & Game, Kevin M. Saxby and Ahtna Tene Nené…

August 28, 2015355 P.3d 530

Summary

The court upheld the Board of Game’s decision to manage the Nelchina caribou hunt under a Tier I system, concluding that the Board’s amount-necessary-for-subsistence calculation was constitutionally permissible, supported by the record, and not arbitrary. It also upheld the rejection of Manning’s Administrative Procedure Act notice challenge and affirmed dismissal of his claim seeking a judicial reprimand of an assistant attorney general. The court vacated the attorney-fee awards because the superior court used an improper claim-count and pro rata methodology and remanded for recalculation.