HB 286: "An Act relating to certain activities within rivers, lakes, and streams that are important for spawning, rearing, or migration of anadromous fish."
00HOUSE BILL NO. 286 01 "An Act relating to certain activities within rivers, lakes, and streams that are 02 important for spawning, rearing, or migration of anadromous fish." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.870 is amended by adding a new subsection to read: 05 (e) The commissioner may by regulation exempt a portion of a specified river, 06 lake, or stream from (b) - (d) of this section if that portion is used as a crossing or 07 ford to provide access across the river, lake, or stream for management or utilization 08 of upland resources. 09 * Sec. 2. AS 16.05.880 is amended to read: 10 Sec. 16.05.880. CONSTRUCTION WITHOUT APPROVAL PROHIBITED. 11 A [IF A] person or governmental agency may not begin [BEGINS] construction on 12 a work or project or use for which notice is required by AS 16.05.870 without first 13 providing plans and specifications subject to the approval of the commissioner for the 14 proper protection of fish and game, and without first having obtained written approval
01 of the commissioner as to the adequacy of the plans and specifications submitted for 02 the protection of fish and game [, THE PERSON OR AGENCY IS GUILTY OF A 03 MISDEMEANOR. IF A PERSON OR GOVERNMENTAL AGENCY IS 04 CONVICTED OF VIOLATING AS 16.05.870 - 16.05.895 OR CONTINUES A USE, 05 WORK OR PROJECT WITHOUT FULLY COMPLYING WITH AS 16.05.870 - 06 16.05.895, THE USE, WORK, OR PROJECT IS A PUBLIC NUISANCE AND IS 07 SUBJECT TO ABATEMENT. THE COST OF RESTORING A SPECIFIED RIVER, 08 LAKE, OR STREAM TO ITS ORIGINAL CONDITION SHALL BE BORNE BY 09 THE VIOLATOR AND SHALL BE IN ADDITION TO THE PENALTY IMPOSED 10 BY THE COURT]. 11 * Sec. 3. AS 16.05.895 is amended to read: 12 Sec. 16.05.895. [PENALTY FOR] CAUSING MATERIAL DAMAGE 13 PROHIBITED. A [. IF A] person or governmental agency may not 14 (1) fail [FAILS] to notify the commissioner of any construction or use 15 that causes material damage to the spawning beds or prevents or interferes with the 16 migration of anadromous fish; [,] or 17 (2) by neglect or noncompliance with plans and specifications required 18 and approved by the commissioner, cause [CAUSES] material damage to the spawning 19 beds or prevent or interfere [PREVENTS OR INTERFERES] with the migration of 20 anadromous fish [, THE PERSON OR GOVERNMENTAL AGENCY SHALL BE 21 GUILTY OF A MISDEMEANOR]. 22 * Sec. 4. AS 16.05.900 is repealed and reenacted to read: 23 Sec. 16.05.900. PENALTY FOR VIOLATIONS OF AS 16.05.870 - 16.05.895. 24 (a) A person or governmental agency who intentionally, knowingly, or recklessly 25 violates AS 16.05.870 - 16.05.895 is guilty of a class A misdemeanor. 26 (b) A person or governmental agency who with criminal negligence or without 27 a culpable mental state violates AS 16.05.870 - 16.05.895 is guilty of a class B 28 misdemeanor. 29 (c) If a person or governmental agency violates AS 16.05.870 - 16.05.895 or 30 continues a use, work, or project without fully complying with AS 16.05.870 - 31 16.05.895, the use, work, or project is a public nuisance and is subject to abatement.
01 The cost of restoring a specified river, lake, or stream to its original condition shall be 02 borne by the violator and shall be in addition to the penalty imposed by the court. 03 (d) The court shall transmit the proceeds of all fines to the proper state officer 04 for deposit in the general fund of the state. 05 (e) In this section, "intentionally," "knowingly," "recklessly," and "criminal 06 negligence" have the meanings given in AS 11.81.900.