Mutiny Against the MMPA: A Look at Alaska SB 60

In an attempt to curb the detrimental effects of a ballooning sea otter population, a new bill proposed in the Alaska State Senate seeks to amend the Alaska fish and game statutes by placing a bounty of $100 on sea otters lawfully taken by Alaska Natives. This Note studies the conflicting nature of...

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Bibliographic Details
Main Author: Boyle, Garrett
Format: Text
Language:unknown
Published: Duke University School of Law 2013
Subjects:
Law
Online Access:https://scholarship.law.duke.edu/alr/vol30/iss2/4
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1366&context=alr
Description
Summary:In an attempt to curb the detrimental effects of a ballooning sea otter population, a new bill proposed in the Alaska State Senate seeks to amend the Alaska fish and game statutes by placing a bounty of $100 on sea otters lawfully taken by Alaska Natives. This Note studies the conflicting nature of the proposed bill, SB 60, with the current version of the Marine Mammal Protection Act, examining the enforceability of the provision in light of precedent from the Alaska Supreme Court and a liberal interpretation of the MMPA. The Note ultimately concludes that SB 60, as written, is precluded by the MMPA and therefore unenforceable.