Alaska Stat. § 16.05.259
No subsistence defense
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Sec. 16.05.259. No subsistence defense.
In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.
Notes of Decisions
Cited in 3
cases, 1989–2010 · leading case: Totemoff v. State
Totemoff v. State (1995)
“In addition, the State argues that AS 16.05.259, a statute entitled “No Subsistence Defense,” prevents Totem-off from challenging the regulation.”
Bobby v. State of Alaska (1989)
“Plaintiffs’ motion for partial summary judgment, which puts before the court a second collateral issue concerning the interpretation and application of AS 16.05.259, which statute purports to prohibit persons such as plaintiffs from asserting subsistence priority rights as a…”
Charles v. State (2010)
“See also AS 16.05.259, which states: "In a prosecution for the taking of fish or game in violation of a statute or regulation, it is not a defense that the taking was done for subsistence uses.”
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