Fisheries Law and Enforcement

• Main Authors: Havelock, John E., Barber, Joe, Moras, Antonia
• Format: Report
• Language: English
• Published: Justice Center, University of Alaska Anchorage 1982
• Subjects: Alaska history; curriculum; fisheries; justice education; law; law enforcement; legal education; natural resources; University of Alaska; Indian; Kodiak; Alaska
• Online Access: http://hdl.handle.net/11122/10699

This text provides a general introduction to the laws, agencies, and issues involved in fisheries regulation, particularly in Alaska, originally intended for an introductory course on regulation as part of an extensive curriculum in fisheries at Kodiak Community College, University of Alaska. The text covers international, federal, and Alaska fisheries law through 1982; the history of fisheries and fisheries law in Alaska; federal, Alaska, and local agencies which affect fisheries; and the justice system, law enforcement practice, and individual rights within the maritime context. Kodiak Community College, University of Alaska Preface and Acknowledgements / PART I. THE ALLOCATION OF POWER OVER FISHERIES / Introduction / The National Jurisdiction / Jurisdictional Limits / International Agreements / Relevant Treaties / The Nature of International Law / Admiralty Jurisdiction / Law of the Flag / State Jurisdiction / History of Fisheries Law in Alaska / Statehood / Federal Jurisdiction / PART II. THE LAW / Introduction: Legislative Purpose / Administrative Discretion / Selection of The Enforcement Agency / Role of Appropriation / Fishery Conservation and Management Act (16 USC §1808 et seq. ) — Economic History of the Fisheries / Post-FCMA Treaties / State Management Law / Limited Entry (AS 16. 43) / Indian Fishing Rights / Alaska State Laws: Subsistence Fishing / Federal Jurisdictional Legislation / PART III . THE GOVERNMENTAL AGENCIES / Federal Agencies / State Agencies / Local Entities / Private Organizations / PART IV . THE JUSTICE SYSTEM AND ENFORCEMENT PRACTICES / Public Protection and Individual Freedom / The Territorial Experience / Rights and Technicalities / Public Protection vs. Individual Liberty / The Sweeping Scope of Privacy Interests / Right to Remain Silent, Right to Counsel and Exclusionary Rule / Role of the Warrant / Administrative Searches: In Absence of Owner / The Maritime Context of Search and Arrest / State Action Doctrine / The Miranda Warning / Booking, Arraignment, Charging, Bail, ...