Alaska Supreme Court Grants State's Request for Stay Involving 2005 Cooperative Fishery in the Chignik Management Area
June 3, 2005
(Anchorage) - Today the Alaska Supreme Court granted the state's request for stay of final judgment in litigation involving the 2005 Cooperative Fishery in the Chignik Management Area.
Earlier this week Superior Court Judge William Morse had ruled that an emergency coop regulation adopted by the Board of Fisheries was too large a departure from the provisions of the Limited Entry Act to adopt without legislative authorization. Today's order by the Alaska Supreme Court states that:
IT IS ORDERED: The motion to stay the trial court's final judgment is GRANTED. The stay shall remain in effect only through the last day of the 2005 Cooperative Fishery in the Chignik Management Area, and will dissolve the day after the fishery closes for the 2005 season. Any appeal of the final judgment entered 6/2/05 will be handled on an expedited basis with an expedited briefing schedule established by the clerk of the appellate courts in consultation with the attorneys for the parties.
"As a result, the emergency regulation will remain in effect for the 2005 season. The Supreme Court's order today signals that the state is likely to prevail on this appeal," said Deputy Attorney General Scott Nordstrand. "We are pleased that the fishery can proceed without further delay."
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