McCann v. State

COATS, Judge.

Thomas McCann, Pat Daly, David Mit-tenen, Thomas Mittenen, Brad Pearce, and Chhoeum Chong (hereinafter McCann) were each convicted of violating AS 16.05.-722, the strict liability commercial fishing provision, for the possession of undersized crab. See 5 Alaska Administrative Code (AAC) 34.065 and 5 AAC 34.820. 1 Superior Court Judge Roy H. Madsen ordered McCann to pay the maximum fine, as well as a forfeiture amount of $23,042. On appeal, McCann contends the forfeiture order is illegal and the ■ maximum fine is excessive. We reverse.

On October 12, 1989, officers of the State…