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Legal Opinion

State v. Martushev

Court of Appeals of Alaska

Decided February 5, 1993No. A-4003PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BRYNER, Chief Judge.

Andrei Martushev was charged with fishing commercially in closed waters. District Court Magistrate Lynn H. Christensen dismissed the prosecution, ruling that the emergency order Martushev allegedly violated provided inadequate notice of its effective boundary. The state appeals, and we reverse.

Fishing is a strictly regulated activity in Alaska; AS 16.05.920(a) prohibits the taking of fish except as permitted by statute or regulation. The open season for commercial drift gill net fishing of salmon in the Upper Subdistrict of the Central District of the Cook Inlet…

2Cases cited15 opinions

  1. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  2. Whitton v. StateAlaska Supreme Court · 1970
  3. Stock v. StateAlaska Supreme Court · 1974
  4. Kott v. StateAlaska Supreme Court · 1984
  5. F/V AMERICAN EAGLE v. StateAlaska Supreme Court · 1980

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hurd v. StateCourt of Appeals of Alaska · 2005
  2. Municipality of Anchorage v. BaxleyCourt of Appeals of Alaska · 1997
  3. State v. LawlerCourt of Appeals of Alaska · 1996
  4. Baker v. StateCourt of Appeals of Alaska · 1994
  5. Howell v. StateCourt of Appeals of Alaska · 2005

2 more not listed; retrieve them via the Exa API.

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