HB 511: "An Act relating to deposits into the fish and game fund."
00HOUSE BILL NO. 511 01 "An Act relating to deposits into the fish and game fund." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. PURPOSE. This Act allows fines and forfeitures in criminal cases involving 04 violations that damage or present a threat of damage to a fishery resource of the state, to the 05 extent permitted by applicable state and federal law, to be deposited in the fish and game fund 06 with the intent that these fines and forfeitures support fisheries law enforcement activities. 07 * Sec. 2. AS 16.05.190 is amended to read: 08 Sec. 16.05.190. SEIZURE AND DISPOSITION OF EQUIPMENT. (a) Guns, 09 traps, nets, fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other 10 paraphernalia used in or in aid of a violation of this chapter or a regulation of the 11 department may be seized under a valid search, and all fish and game, or parts of fish 12 and game, or nests or eggs of birds, taken, transported, or possessed contrary to the 13 provisions of this chapter or a regulation of the department shall be seized by any 14 peace officer designated in AS 16.05.150. Upon conviction of the offender or upon
01 judgment of the court having jurisdiction that the item was taken, transported, or 02 possessed in violation of this chapter or a regulation of the department, all fish and 03 game, or parts of them, are forfeited to the state and shall be disposed of as directed 04 by the court. If sold, the proceeds of the sale shall be transmitted to the proper state 05 officer for deposit in the general fund; however, the proceeds of the sale of fish, or 06 parts of fish, forfeited to the state for a violation of this chapter, or a regulation 07 of the department, that damages or presents a threat of damage to a fishery 08 resource of the state shall be deposited in the fish and game fund. 09 (b) Guns, traps, nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and 10 other paraphernalia seized under the provisions of this chapter or a regulation of the 11 department, unless forfeited by order of the court, shall be returned [,] after completion 12 of the case and payment of the fine, if any. 13 * Sec. 3. AS 22.15.250 is amended to read: 14 Sec. 22.15.250. DISPOSITION OF FINES. When by law any fees, fines, 15 forfeitures, or penalties are levied and collected by the district judge or magistrate, the 16 proceeds and all other money collected shall be accounted for and transmitted to the 17 administrative director of the judicial system for transfer to the general fund of the 18 state except as provided in (b) of this section or AS 22.15.270. 19 * Sec. 4. AS 22.15.250 is amended by adding a new subsection to read: 20 (b) Fees, fines, forfeitures, or penalties levied and collected by the district 21 court or magistrate for a violation of AS 16, or a regulation adopted under AS 16 by 22 the Board of Fisheries or the Department of Fish and Game, that damages or presents 23 a threat of damage to a fishery resource of the state shall be accounted for and 24 transmitted to the administrative director of the judicial system for transfer to the fish 25 and game fund.