[DOWNLOAD] "Thomas Mccann v. State Alaska" by Court Of Appeals Of Alaska # Book PDF Kindle ePub Free

July 13, 2021

eBook details

Title: Thomas Mccann v. State Alaska
Author : Court Of Appeals Of Alaska
Release Date : January 27, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

Thomas McCann, Pat Daly, David Mittenen, Thomas Mittenen, Brad Pearce, and Chhoeum Chong (hereinafter McCann) were each convicted
of violating AS 16.05.722, the strict liability commercial fishing provision, for the possession of undersized crab. See 5
Alaska Administrative Code (AAC) 34.065 and 5 AAC 34.820. 1 Superior Court Judge Roy H. Madsen ordered Mccann to pay the
maximum fine, as well as a forfeiture amount of $23,042. On appeal, McCann contends the forfeiture order is illegal and the
maximum fine is excessive. We reverse. On October 12, 1989, officers of the State Fish and Wildlife Protection Agency boarded the F/V Margaret G. after its arrival
at Ursin Seafoods in Kodiak, and measured crabs to determine whether they were at least six and one-half inches wide. Officer
Allen Hassan testified that he measured a total of 1,015 crabs from the ship and determined that 145, or 14%, were under
the legal size. The officers then dumped the live undersized crabs back into the sea. The officers determined that the total
dead loss on the ship was approximately 10,000 pounds.