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Haggren v. State
Alaska Court of Appeals
829 P.2d 842 (1992)
J. Michael Haggren (defendant) was operating a drift gill net about 250 feet away from a shore fishery lease belonging to Frank Canady. Canady asked that Haggren move his drift net because it was too close to where Canady was going to place his set gill net. However, Haggren had called the Division of Alaska State Troopers for clarification as to who had the right-of-way given that the required distance between set netters and drift netters was 600 feet. The state-trooper dispatcher conferred with Fish & Wildlife Patrol Officer Titus, who said that the first net in the water had the right of way. Based on this information, Haggren refused to move his drift net upon Canady’s request. Haggren was charged with the strict-liability violation of operating a commercial drift gill net within 600 feet of a set gill net. Haggren appealed, arguing that his offense should be excused based on his reliance on Officer Titus’s interpretation of the law.
Rule of Law
Holding and Reasoning (Mannheimer, J.)
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