03/08/1995 09:00 AM Senate FIN

                                                                               
       SENATE BILL NO. 21                                                      
       "An  Act  relating  to   penalties  for  violations  of                 
  commercial        fishing laws."                                             
                                                                               
  Co-chair Halford remarked that SB 21  is a lesser version of                 
  a bill that passed  both houses in the last  legislature and                 
  was not transmitted back  from the house.  It  increases the                 
  penalty for  commercial fishing violations  after the second                 
  violation.    The  bill  that  passed  last  year  was  more                 
  stringent than this.  It has a zero fiscal note.                             
                                                                               
  Senator  Zharoff stated  the  Finance  Committee  Report  is                 
  better  than  the  original  bill, but  he  still  had  some                 
  concerns.  Co-chair  Halford  assured  him  that  this  bill                 
  addresses  the maximum kind of violation.   When the maximum                 
  kind  of violation can  gain $20-$30,000, a  maximum fine of                 
                                                                               
                                                                               
  $6,000 is  not a  very significant  deterrent. This bill  is                 
  aimed for closed period, closed waters violations.                           
                                                                               
  Senator Donley  reiterated how difficult it is  to get close                 
  to  the maximum  in  the  fine  situations  because  of  the                 
  standard set by the court, so  it almost never happens.  Co-                 
  chair  Halford  responded by  saying  that this  bill  is an                 
  improvement over existing  law.   At some point  there is  a                 
  problem because these  are violations not misdemeanors.   He                 
  pointed out  there is  a standard  at which  intent must  be                 
  proven when the penalty gets beyond a certain level.                         
                                                                               
  Co-chair  Halford  called for  additional  testimony on  the                 
  bill.    None  was forthcoming.    Senator  Sharp  MOVED for                 
  passage of SB  21 (RES) with individual  recommendations and                 
  three zero fiscal notes.   No objection having  been raised,                 
  SB 21 (RES)  was REPORTED OUT  of committee with three  zero                 
  fiscal notes from the Dept. of Law, Alaska Court System, and                 
  Public  Safety.  Co-chairs  Halford  and  Frank  along  with                 
  Senators  Rieger,  Phillips, Donley,  and  Sharp signed  the                 
  committee report with a "do  pass".  Senator Zharoff  signed                 
  "no recommendation".