Justia Agriculture Law Opinion SummariesArticles Posted in Alaska Supreme Court
Cook Inlet Fisherman’s Fund v. Alaska Dept. of Fish & Game, et al.
A nonprofit entity representing commercial fishers sued the Alaska Board of Fisheries and the Department of Fish and Game, alleging that the State’s fishery management practices in Cook Inlet were unjustified and violated federal law and national standards. The nonprofit sought to depose two current Fish and Game employees but the State opposed, arguing that all material facts necessary for a decision of the case were in the administrative record. The superior court agreed with the State and quashed the nonprofit’s deposition notices. The court also granted summary judgment in favor of the State, deciding that the Cook Inlet fishery was not governed by federal standards and that none of the nonprofit’s disagreements with the State’s fishery management practices stated a violation of statute or regulation. The nonprofit appealed. Finding no reversible error, the Alaska Supreme Court affirmed the superior court judgment. View "Cook Inlet Fisherman’s Fund v. Alaska Dept. of Fish & Game, et al." on Justia Law
Scudero Jr. v. Alaska
A member of the Metlakatla Indian Community was convicted of several commercial fishing violations in State waters and fined $20,000. He appealed his conviction and sentence to the court of appeals, which asked the Alaska Supreme Court to take jurisdiction of the appeal because of the importance of the primary issue involved: whether the defendant’s aboriginal and treaty-based fishing rights exempted him from State commercial fishing regulations. The defendant also challenged several evidentiary rulings and the fairness of his sentence. Because the Supreme Court held the State had authority to regulate fishing in State waters in the interests of conservation regardless of the defendant’s claimed fishing rights, and because the Court concluded the trial court did not abuse its discretion in its procedural rulings, the Supreme Court affirmed the conviction. The Court also affirmed the sentence as not clearly mistaken, except for one detail on which the parties agreed: the district court was mistaken to include a probationary term in the sentence. The case was remanded for modification of the judgments to correct that mistake. View "Scudero Jr. v. Alaska" on Justia Law
Alaska Dept. of Revenue v. North Pacific Fishing, Inc. et al.
Two commercial fishing companies caught and processed fish in the Exclusive Economic Zone off the Alaska coast, but outside Alaska’s territorial waters. Their vessels arrived at Alaska ports where they could transfer processed fish directly to foreign-bound cargo vessels or transfer processed fish to shore for storage and later loading on cargo vessels. Because the companies did not process fish in Alaska, they did not pay the taxes imposed on other processing vessels operating out of Alaskan ports, but their fisheries business activities were subject to a state “landing tax.” The fishing companies argued that this landing tax violated the Import-Export and Tonnage Clauses of the United States Constitution and 33 U.S.C. section 5(b). The Alaska Supreme Court found: (1) the tax was imposed before the fish product entered the stream of export commerce; (2) the tax did not constitute an “impost or duty;” and (3) the tax therefore did not violate the Import-Export Clause. Furthermore, the Supreme Court concluded the tax was not imposed against the companies’ vessels in violation of the Tonnage Clause or 33 U.S.C. (b). View "Alaska Dept. of Revenue v. North Pacific Fishing, Inc. et al." on Justia Law