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CSSB 316(RES): "An Act relating to commercial fishing penalties."

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