Superior Court Issues Decision on Chitina Dipnetters Lawsuit

The Alaska Fish and Wildlife Conservation Fund and the Chitina Dippnetters Association filed a lawsuit against the State of Alaska, Board of Fish and ADFG.  The court granted summary judgement to the State of Alaska, Board of Fish and ADFG for all counts but it remanded back to the Board of Fish with instructions to define the term “subsistence way of life” as used in the subsistence criteria regulation using an objective standard supported by law; then provide the plaintiffs an opportunity to supplement the record in light of that definition and then for the Board to reapply the subsistence criteria using the new definition of “subsistence way of life”.  The court decision goes on to explain that in the deliberations of the board, the individual board members admitted to using subjective and personal opinions on the definition of “subsistence way of life”. 

We will post the court decision as soon as we get a good copy of the decision.  You may view the court decision on Wesley Loy’s blog the “Deckboss”

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