Rocky L. Estrada, Sr., Stanley D. Johnson, and Albert M. Kookesh, Sr., Petitioners v. State of Alaska, Respondent

Summary

The court held that the annual subsistence harvest limit imposed on the fishermen's permits was a regulation under the Administrative Procedure Act because it made specific a general statutory requirement and directly restricted and governed the public. The Department adopted the limit without the APA's required notice and opportunity for public comment, so the limit was invalid and could not support the criminal charges. The court reversed the court of appeals and reinstated the district court judgments dismissing the charges.