F/V AMERICAN EAGLE v. State

I dissent for the same reasons which I stated in my dissenting opinion in State v. Bundrant, 546 P.2d 530 (Alaska 1976). See also my dissent in State v. Sieminski, 556 P.2d 929, 935 (Alaska 1976).

In my view, the state does not have jurisdiction beyond the three mile limit. This proposition is strengthened by Congress’ action in setting up fisheries management controls in the area outward from the three mile limit. Any regulatory activities of the state in the area outside the three mile limit would have to be accomplished under the aegis of federal authority.