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Emergency rule prompts judge to lift geoduck ban

KETCHIKAN -- A judge has lifted his order blocking a commercial fishery on geoduck clam-farm sites in Southeast Alaska.

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Judge Peter Michalski said his decision was based on the Alaska Board of Fisheries' adoption of an emergency rule authorizing a commercial fishery on wild geoducks at the aquafarm sites.

Etolin Enterprises LLC, which has leased two farm sites from the state, had challenged the state's authority to allow the fishery.

Michalski said the plaintiff had not proven that its argument against the commercial opening would prevail.

The preliminary injunction Michalski issued Monday was based on state regulations outlining steps the Department of Fish and Game must take when opening a commercial fishery at each geoduck fishing area.

Department officials went to the Board of Fisheries, which is in session in Anchorage, and asked it to consider an emergency regulation.

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