Legal Opinion

State v. F/V BARANOF

Alaska Supreme Court

Decided February 10, 1984No. 7287, 7324PublishedCited by 11 opinions

1Opinion of the Court

OPINION

MATTHEWS, Justice.

This appeal is from an in rem forfeiture proceeding instituted by the State of Alaska against the F/V Baranof, a vessel used for the harvesting of king crab off the the Alaska coast. The State alleged that the Baranof exceeded its authorized catch limit under Alaska law, and was hence subject to forfeiture under AS 16.05.195.

The trial court, Judge Moore presiding, dismissed the State’s suit, ruling that the Magnuson Fishery Conservation and Management Act (hereafter FCMA) pre-empted state regulation of king crab harvesting and provided for exclusive jurisdiction in…

2Cases cited41 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908

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3Cited by11 opinions

  1. State v. DupierAlaska Supreme Court · 2005
  2. Alaska Trademark Shellfish, LLC v. StateAlaska Supreme Court · 2004
  3. Waiste v. StateAlaska Supreme Court · 2000
  4. Tulkisarmute Native Community Council v. HeinzeAlaska Supreme Court · 1995
  5. Alaska State Council of Carpenters v. United Brotherhood of Carpenters & Joiners of America, Local 1281Alaska Supreme Court · 1986

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

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