txt

CSHB 286(RES): "An Act relating to sport fishing, hunting, or trapping licenses, tags, or permits; relating to penalties for certain sport fishing, hunting, and trapping license violations; relating to restrictions on the issuance of sport fishing, hunting, and trapping licenses; creating violations and amending fines and restitution for certain fish and game offenses; creating an exemption from payment of restitution for certain unlawful takings of big game animals; relating to commercial fishing violations; allowing lost federal matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of restitution; adding a definition of 'electronic form'; and providing for an effective date."

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.