CSSB 316(RES): "An Act relating to commercial fishing penalties."
00CS 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.