State v. Eluska

I disagree with the opinion of the court because it ignores legislative intent and basic principles of statutory construction, condones inaction by the Board of Fish and Game and disregards notions of fairness.

My principal objection to the court’s opinion is that it contains only a cursory treatment of the legislative history behind AS 16.05.255(b). In adopting the subsistence legislation, the legislature intended to “establish subsistence use as a priority use of Alaska’s fish and game resources and to recognize the needs, customs and traditions of Alaskan residents.” Ch. 151, § 1, SLA 1978;…