Legal Opinion · Dissent

Constantine v. State

Court of Appeals of Alaska

Decided July 2, 1987No. A-1247, A-1409 and A-1414Published

1DissentSingleton, Judge

These consolidated cases present a single issue: What penalties has the legislature prescribed for violations of commercial-fishing regulations? 1 It appears to me that the legislature has clearly and unambiguously manifested its intention that the only penalties provided for commercial-fishing violations are to be found in AS 16.05.-720(a) and (c). A contrary holding constitutes statutory repudiation, not statutory interpretation.2

Alaska Statutes 16.05.010-950 constitute the Fish and Game Code. See AS 16.05.-950. Alaska Statute 16.05.720 is part of this code and was clearly intended by the…

2Cases cited21 opinions

  1. United States v. DotterweichSupreme Court of the United States · 1943
  2. Lambert v. CaliforniaSupreme Court of the United States · 1958
  3. United States v. BalintSupreme Court of the United States · 1922
  4. Breese Ex Rel. Breese v. SmithAlaska Supreme Court · 1972
  5. State v. BrowderAlaska Supreme Court · 1971

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