Mutiny Against the MMPA: A Look at Alaska SB 60

by Garrett Boyle

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Abstract

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.

Mutiny Against the MMPA: A Look at Alaska SB 60

by Garrett Boyle

Click here for a PDF file of this article

Abstract

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.