SB 316: "An Act relating to commercial fishing penalties."
00SENATE BILL NO. 316 01 "An Act relating to commercial fishing penalties." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.05.710(a) is amended to read: 04 (a) Upon the conviction of a person for a misdemeanor or felony violation of 05 a commercial fishing law of this state, the court, in addition to other penalties imposed 06 by law, 07 (1) may suspend one or more of the person's commercial fishing 08 privileges and licenses for a period of not more than one year [,] if the conviction is 09 the person's first [OR SECOND] misdemeanor or felony conviction within a 10-year 10 period for violating a commercial fishing law of this state or another jurisdiction; or 11 (2) shall suspend one or more of the person's commercial fishing 12 privileges and licenses for [A PERIOD OF NOT MORE THAN] three years [,] if the 13 conviction is the person's second [THIRD] or subsequent misdemeanor or felony 14 conviction within a 10-year period for violating a commercial fishing law of this state
01 or another jurisdiction. 02 * Sec. 2. AS 16.05.722(a) is amended to read: 03 (a) A person who without any culpable mental state violates AS 16.05.440 - 04 16.05.690, or a regulation of the Board of Fisheries or the department governing 05 commercial fishing, is guilty of a violation and upon conviction is punishable by a fine 06 of not more than 07 (1) $6,000 [$3,000] for a first conviction; and 08 (2) $12,000 [$6,000] for a second or subsequent conviction. 09 * Sec. 3. AS 16.05.722(b) is amended to read: 10 (b) In addition, the court shall order forfeiture of any fish, or its fair market 11 value, taken or retained as a result of the commission of the violation. For purposes 12 of this subsection, it is a rebuttable presumption that all fish found on board a fishing 13 vessel used in or in aid of a violation, or found at the fishing site, were taken or 14 retained in violation of AS 16.05.440 - 16.05.690 or a commercial fisheries regulation 15 of the Board of Fisheries or the department. It is the defendant's burden to show by 16 clear and convincing [A PREPONDERANCE OF THE] evidence that fish on board 17 or at the site were lawfully taken and retained. 18 * Sec. 4. AS 16.05.723(a) is amended to read: 19 (a) A person who negligently violates AS 16.05.440 - 16.05.690, or a 20 regulation of the Board of Fisheries or the department governing commercial fishing, 21 is guilty of a misdemeanor and in addition to punishment under other provisions in this 22 title, including AS 16.05.195 and 16.05.710, is punishable upon conviction by a fine 23 of not more than $15,000 or by imprisonment for not more than one year, or by both. 24 In addition, the court shall order forfeiture of any fish, or its fair market value, taken 25 or retained as a result of the commission of the violation, and the court may forfeit any 26 vessel and any fishing gear, including any net, pot, tackle, or other device designed or 27 employed to take fish commercially, that was used in or in aid of the violation. Any 28 fish, or its fair market value, forfeited under this subsection may not also be forfeited 29 under AS 16.05.195. For purposes of this subsection, it is a rebuttable presumption 30 that all fish found on board a fishing vessel used in or in aid of a violation, or found 31 at the fishing site, were taken or retained in violation of AS 16.05.440 - 16.05.690 or
01 a commercial fisheries regulation of the Board of Fisheries or the department, and it 02 is the defendant's burden to show by clear and convincing [A PREPONDERANCE 03 OF THE] evidence that fish on board or at the site were lawfully taken and retained.