Alaska Supreme Court April 16, 2004, S-10308 (Alaska Trademark Shellfish, LLC v. State)

OPINION

BRYNER, Justice.

I. INTRODUCTION

This case requires us to determine whether Alaska law gives shellfish farmers the exclusive right to harvest wild stocks already growing on their farm sites. Several applicants asked the Alaska Department of Fish and Game for aquatic farm permits allowing them to grow and commercially harvest geo-duck clams in Alaska waters.