Constantine v. State

OPINION

COATS, Judge.

This case raises the question of what noncriminal penalties the court is authorized to impose for the violation of a regulation.1 In Beran v. State, 705 P.2d 1280 (Alaska App.1985), we dealt with Fish and Game Regulation 5 AAC 39.002 which provides:

Liability for Violations. Unless otherwise provided in 5 AAC 01-5 AAC 41 or in AS 16, a person who violates a provision of 5 AAC 01-5 AAC 41 is strictly liable for the offense, regardless of his intent.

We concluded that the Board of Fisheries, in passing this regulation, intended to au*189thorize the imposition of criminal penalties…