00 CS FOR HOUSE BILL NO. 286(RES) 01 "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating 02 to penalties for certain sport fishing, hunting, and trapping license violations; relating to 03 restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating 04 violations and amending fines and restitution for certain fish and game offenses; 05 creating an exemption from payment of restitution for certain unlawful takings of big 06 game animals; relating to commercial fishing violations; allowing lost federal matching 07 funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be 08 included in an order of restitution; adding a definition of 'electronic form'; and 09 providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11  * Section 1. AS 16.05.330(a) is amended to read: 12 (a) Except as otherwise permitted in this chapter, without having the 01 appropriate license, [OR] tag, or permit in actual possession, a person may not 02 engage in 03 (1) sport fishing, including the taking of razor clams; 04 (2) hunting or [,] trapping [, OR FUR DEALING]; 05 (3) the farming of fish, fur, or game; 06 (4) taxidermy or fur dealing; or 07 (5) control of nuisance wild birds and nuisance wild small mammals 08 for compensation. 09  * Sec. 2. AS 16.05.330(d) is amended to read: 10 (d) A person may not receive a sport fishing, hunting, or trapping license or 11 other permit or tag issued under AS 16.05.330 - 16.05.430, if the person's right to 12 obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping 13 license is suspended or revoked in this or another state. A person who applies for a 14 sport fishing, hunting, or trapping license or other permit or tag issued under 15 AS 16.05.330 - 16.05.430 shall sign a statement that the person's right to obtain, or 16 exercise the privileges granted by, a sport fishing, hunting, or trapping license is not 17 suspended or revoked in this or another state. 18  * Sec. 3. AS 16.05.330 is amended by adding new subsections to read: 19 (f) A person charged with violating (a)(1) or (2) of this section for failure to 20 have a license in actual possession may not be convicted if the person produces, in an 21 office of the arresting or citing agency, a license previously issued to the person that 22 was valid at the time of the offense. 23 (g) A license in actual possession may be in paper or electronic form. 24 (h) A peace officer presented with an electronic device under (g) of this 25 section is immune from any liability resulting from damage to the device. 26  * Sec. 4. AS 16.05.430(a) is amended to read: 27 (a) Except as provided in AS 16.05.330(f), 16.05.407(b) [AS 16.05.407(b)] 28 and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 - 29 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a class  30 A misdemeanor [AND UPON CONVICTION IS] punishable as provided in  31 AS 12.55 [BY A FINE OF NOT MORE THAN $1,000, OR BY IMPRISONMENT 01 FOR NOT MORE THAN SIX MONTHS, OR BY BOTH]. 02  * Sec. 5. AS 16.05.430 is amended by adding new subsections to read:  03 (c) Except as provided in AS 16.05.407(b) and (d), 16.05.408(b), and 04 16.05.420(b), a person who, without any culpable mental state, violates AS 16.05.330 05 - 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a 06 violation punishable as provided in AS 12.55. 07 (d) In addition to any penalty imposed under (a) or (b) of this section, a person 08 may be ordered to pay restitution to the state equal to the amount of any lost state or 09 federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - 10 Breaux programs incurred from the person's violation of AS 16.05.330 - 16.05.420 or 11 a regulation adopted under this chapter, AS 16.20, or AS 16.40. 12  * Sec. 6. AS 16.05.722(a) is amended to read: 13 (a) A person who, without any culpable mental state, violates AS 16.05.440 - 14 16.05.690 [,] or a regulation of the Board of Fisheries or the department governing 15 commercial fishing [,] is guilty of a violation and upon conviction is punishable by a 16 fine of not more than 17 (1) $6,000 [$3,000] for a first conviction; 18 (2) $12,000 [$6,000] for a second conviction or for a subsequent 19 conviction not described in (3) of this subsection; and 20 (3) $15,000 [$9,000] for a third or subsequent conviction within a 10- 21 year period. 22 * Sec. 7. AS 16.05.722 is amended by adding a new subsection to read: 23 (d) The court shall transmit notice of all convictions under this section to the 24 Alaska Commercial Fisheries Entry Commission. 25  * Sec. 8. AS 16.05.782(a) is amended to read: 26 (a) Except as provided in (d) of this section, a person may not take [WHO 27 WITH CRIMINAL NEGLIGENCE TAKES] a brown or grizzly bear within one-half 28 mile of a solid waste disposal facility [IS GUILTY OF A CLASS A 29 MISDEMEANOR]. 30  * Sec. 9. AS 16.05.782(b) is amended to read: 31 (b) In addition to the penalty imposed by law under [(a) OF] this section, the 01 court shall order forfeiture of the hide and skull of the bear; [, BUT] if the hide and 02 skull are not salvaged and delivered to the department, [THEN] the court shall impose 03 an additional fine of up to $10,000. 04  * Sec. 10. AS 16.05.782 is amended by adding new subsections to read: 05 (f) A person who, with criminal negligence, violates (a) of this section is 06 guilty of a class A misdemeanor punishable as provided in AS 12.55. 07 (g) A person who, without any culpable mental state, violates (a) of this 08 section is guilty of a violation punishable as provided in AS 12.55. 09  * Sec. 11. AS 16.05.783(c) is amended to read: 10 (c) A person who violates this section is guilty of a class A misdemeanor 11 punishable as provided in AS 12.55 [, AND UPON CONVICTION IS 12 PUNISHABLE BY A FINE OF NOT MORE THAN $5,000, OR BY 13 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH]. In 14 addition, the court may order the aircraft and equipment used in or in aid of a violation 15 of this section to be forfeited to the state. 16  * Sec. 12. AS 16.05.789(b) is amended to read: 17 (b) A person who violates this section is guilty of a class A misdemeanor 18 punishable as provided in AS 12.55. 19  * Sec. 13. AS 16.05.789 is amended by adding a new subsection to read: 20 (c) A person who, without any culpable mental state, violates this section is 21 guilty of a violation punishable as provided in AS 12.55. 22  * Sec. 14. AS 16.05.790 is amended by adding a new subsection to read: 23 (g) A person who, without any culpable mental state, violates this section is 24 guilty of a violation punishable as provided in AS 12.55. 25  * Sec. 15. AS 16.05.831(c) is amended to read: 26 (c) A person who violates this section or a regulation adopted under it is guilty  27 of a class A misdemeanor punishable as provided in AS 12.55 [BY A FINE OF 28 NOT MORE THAN $10,000, OR BY IMPRISONMENT FOR NOT MORE THAN 29 SIX MONTHS, OR BY BOTH]. In addition, a person who violates this section is 30 subject to a civil action by the state for the cost of replacing the salmon wasted. 31  * Sec. 16. AS 16.05.901 is amended by adding a new subsection to read: 01 (c) A person who, without any culpable mental state, violates AS 16.05.871 - 02 16.05.896 is guilty of a violation punishable as provided in AS 12.55. 03  * Sec. 17. AS 16.05.925 is amended to read: 04 Sec. 16.05.925. Penalty for violations. (a) Except as provided in 05 AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, 06 [AND] 16.05.905, and (c) of this section, a person who violates AS 16.05.920 or 07 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class 08 A misdemeanor punishable as provided in AS 12.55.  09 (b) In addition to a penalty imposed under (a) of this section or any other 10 penalty for violation of this title or a regulation adopted under this title, and except as  11 provided in (c) of this section, a person who is convicted of unlawfully taking an 12 animal listed in this subsection may be ordered by the court to pay restitution to the 13 state in the amount set out in this subsection for each animal unlawfully taken: 14 (1) Bear, black ............................................................... $ 900 [$ 600] 15 (2) Bear, brown or grizzly ............................................. 2,500 [1,300] 16 (3) Bison ........................................................................ 3,000 [1,300] 17 (4) Caribou ........................................................................ 1,500 [850] 18 (5) Deer ..............................................................................1,000 [400] 19 (6) Elk ............................................................................... 2,000 [800] 20 (7) Goat ............................................................................. 2,000 [800] 21 (8) Moose ....................................................................... 2,500 [1,000] 22 (9) Musk oxen ................................................................ 4,500 [3,000] 23 (10) Sheep ...................................................................... 2,000 [1,100] 24 (11) Wolf ...........................................................................1,000 [500] 25 (12) Wolverine .................................................................... 750 [500]. 26  * Sec. 18. AS 16.05.925 is amended by adding a new subsection to read: 27 (c) A defendant may not be ordered to pay restitution under (b) of this section 28 if the defendant 29 (1) had the license, tag, and permit required by AS 16.05.340 for the 30 species of animal taken; 31 (2) voluntarily and immediately reported the taking to the department 01 or a state law enforcement officer engaged in fish and wildlife protection; and 02 (3) surrendered to the department all salvaged portions of the animal, 03 including its horns, antlers, hide, and skull, as applicable. 04  * Sec. 19. AS 16.05.940 is amended by adding a new paragraph to read: 05 (38) "electronic form" means the display of images on an electronic 06 device such as a mobile telephone, tablet, or computer. 07  * Sec. 20. AS 16.10.030 is amended to read: 08 Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person 09 who violates AS 16.10.010 - 16.10.050 is guilty of a class A misdemeanor [AND, 10 UPON CONVICTION, IS] punishable as provided in AS 12.55 [BY A FINE OF 11 NOT LESS THAN $100 NOR MORE THAN $500]. 12 * Sec. 21. AS 16.10.030 is amended by adding a new subsection to read: 13 (b) A person who, without any culpable mental state, violates AS 16.10.010 - 14 16.10.050 is guilty of a violation punishable as provided in AS 12.55. 15  * Sec. 22. AS 16.10.090 is amended to read: 16 Sec. 16.10.090. Penalty for violation of AS 16.10.070. A person who 17 violates AS 16.10.070 is guilty of a class A misdemeanor [AND IS] punishable as  18 provided in AS 12.55 [BY IMPRISONMENT FOR NOT MORE THAN ONE 19 YEAR, OR BY A FINE OF NOT MORE THAN $5,000 OR BY BOTH]. 20 * Sec. 23. AS 16.10.090 is amended by adding a new subsection to read: 21 (b) A person who, without any culpable mental state, violates AS 16.10.070 is 22 guilty of a violation punishable as provided in AS 12.55. 23  * Sec. 24. AS 16.10.110 is amended to read: 24 Sec. 16.10.110. Penalty for violation of AS 16.10.100. A person who violates 25 AS 16.10.100 is guilty of a class A misdemeanor [AND IS] punishable as provided in  26 AS 12.55 [BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BY A 27 FINE OF NOT MORE THAN $5,000, OR BY BOTH]. 28 * Sec. 25. AS 16.10.110 is amended by adding a new subsection to read: 29 (b) A person who, without any culpable mental state, violates AS 16.10.100 is 30 guilty of a violation punishable as provided in AS 12.55. 31  * Sec. 26. AS 16.10.130 is amended to read: 01 Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125. A 02 person who violates AS 16.10.120 or 16.10.125 is guilty of a class A misdemeanor [, 03 AND UPON CONVICTION IS] punishable as provided in AS 12.55 [BY 04 IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY A FINE OF 05 NOT MORE THAN $1,000, OR BY BOTH]. 06 * Sec. 27. AS 16.10.130 is amended by adding a new subsection to read: 07 (b) A person who, without any culpable mental state, violates AS 16.10.120 or 08 16.10.125 is guilty of a violation punishable as provided in AS 12.55. 09 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. This Act applies to offenses committed on or after the effective 12 date of this Act. 13  * Sec. 29. This Act takes effect July 1, 2016.