State of Maine v. Jake M. White

Summary

The Maine Supreme Judicial Court affirmed judgments for Jake M. White in a fishing-license prosecution and related forfeiture proceeding. The court held that the evidence did not compel findings that White lacked a valid Passamaquoddy tribal commercial lobster-fishing license or that the Tribe failed to provide required notice to the Maine Department of Marine Resources.

Holdings

1. The evidence did not compel the trial court to find that White lacked a commercial lobster fishing license issued by the Passamaquoddy Tribe.
2. The certification stating that the Department of Marine Resources had no record of a license was evidence of the stated information but did not conclusively establish that the Tribe failed to provide proper notice.
3. The lobsters were not subject to forfeiture because the State failed to prove that White's fishing activity was unlawful.

Questions Presented

1. Whether the evidence compelled a finding that White did not possess a commercial lobster fishing license issued by the Passamaquoddy Tribe.
2. Whether the evidence compelled a finding that the Passamaquoddy Tribe failed to file a copy of White's tribal license with the Commissioner of the Maine Department of Marine Resources.
3. Whether the lobsters seized from White's boat were subject to forfeiture.

Disposition

affirmed