HB 285: "An Act relating to suspension or revocation of commercial fishing permits and privileges."
00HOUSE BILL NO. 285 01 "An Act relating to suspension or revocation of commercial fishing permits and 02 privileges." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.43 is amended by adding new sections to read: 05 Article 6A. Point System for Commercial Fishing Violations. 06 Sec. 16.43.850. Point system. (a) For the purpose of identifying frequent 07 violators of commercial fishing laws, the commission shall adopt regulations 08 establishing a uniform system for the suspension or revocation of a commercial fishing 09 permit by assigning demerit points for convictions for violations of commercial fishing 10 laws that are required to be reported to the commission under AS 16.43.875. Subject 11 to (b) of this section, the commission shall establish by regulation the number of 12 demerit points to be assessed for each violation or class of violation of commercial 13 fishing laws. The number of points assessed against a commercial fishing permit for 14 a conviction of a violation of commercial fishing laws under AS 16.05.722 must be
01 one-half of the points assessed for a conviction of a violation of commercial fishing 02 laws under AS 16.05.723. 03 (b) The commission shall assess demerit points against a commercial fishing 04 permit for a conviction of a violation of commercial fishing laws under AS 16.05.723 05 for the following violations in accordance with this schedule: 06 (1) fishing in closed waters 6 points 07 (2) fishing during closed season or period 6 points 08 (3) fishing with more than the legal amount of gear 6 points 09 (4) fishing with gear not allowed in fishery 6 points 10 (5) interfering with commercial fishing gear 4 points 11 (6) fishing with more than the legal amount of gear 4 points 12 on vessel 13 (7) improper operation of fishing gear 6 points 14 (8) employing an unlicensed crewmember 2 points 15 (9) fishing without required documents 2 points 16 (10) fishing with improperly marked or unmarked vessel 2 points 17 (11) fishing with improperly marked or unmarked gear 2 points 18 (12) permit holder not present when required 6 points 19 (13) fishing with overlength vessel 6 points. 20 (c) The commission shall assess points against a permit holder's entry permit 21 or interim-use permit for the fishery in which the violation of commercial fishing laws 22 occurred. 23 (d) The regulations adopted under (a) of this section must include a designated 24 level of point accumulation that identifies permit holders who are frequent violators 25 of commercial fishing laws. In formulating the point system authorized by this 26 section, the commission shall provide for 27 (1) suspension of an entry permit or interim-use permit for a fishery 28 if the permit held by a permit holder accumulates 29 (A) 12 or more points during any consecutive 48-month period 30 as a result of convictions of violations of commercial fishing laws in the 31 fishery for which the permit was issued; or
01 (B) 16 or more points during any consecutive 60-month period 02 as a result of convictions of violations of commercial fishing laws in the 03 fishery for which the permit was issued; 04 (2) revocation of an entry permit or interim-use permit for a fishery if 05 the permit held by the permit holder accumulates 18 or more points during any 06 consecutive 72-month period as a result of convictions of violations of commercial 07 fishing laws in the fishery for which the permit was issued. 08 Sec. 16.43.855. Assessment of points. (a) Notice of each assessment of 09 points may be given, but notice shall be given when the point accumulation reaches 10 six points. Notice shall also be given to the permit holder before the expiration of a 11 suspension of a permit under AS 16.43.850(d)(1) that subsequent violations of 12 commercial fishing laws in the fishery may result in further suspensions or in 13 revocation of the permit. The notice may be given by first class mail. 14 (b) The time periods provided for in AS 16.43.850 for the accumulation of 15 points shall be based on the date of violation, but points may not be assessed until 16 after conviction, either on a plea of guilty, nolo contendere, or a forfeiture of bail or 17 collateral, or as a result of a trial, for violation of a commercial fishing law. 18 (c) The assessment of points against a permit holder's commercial fishing 19 permit by the commission under this section is in addition to, and not in substitution 20 for, other provisions of this title and is not a substitute for any penalty imposed by a 21 court. 22 (d) If access to an interim-use permit fishery is restricted through the 23 establishment of a limited entry system for the fishery by the commission under this 24 chapter, the points accumulated against a permit holder's interim-use permit must be 25 transferred to the permit holder's entry permit for the limited entry fishery for purposes 26 of assessing points under this section. 27 (e) Points assessed or assessable against a commercial fishing permit at the 28 time of a permanent or emergency transfer of the permit are transferred with the 29 permit. Points transferred with a permit must be taken into consideration in 30 accordance with the provisions of AS 16.43.850 - 16.43.895 if points are assessed 31 against the permit following the completion of the transfer.
01 Sec. 16.43.860. Reduction of points. Two points shall be deducted from the 02 total points assessed against a permit holder's commercial fishing permit if the permit 03 holder has not been convicted of a violation of commercial fishing laws that occurred 04 in the fishery for which the commercial fishing permit was issued during the 12-month 05 period after the date of the last violation in the fishery for which the permit holder had 06 points assessed. 07 Sec. 16.43.865. Suspension and revocation. (a) The commission shall 08 suspend or revoke the entry permit or interim-use permit for a fishery of a permit 09 holder who has been identified through the person's point accumulation as a frequent 10 violator of commercial fishing laws in that fishery under AS 16.43.850. A suspension 11 of an entry permit or interim-use permit is for a period of one year. Upon revocation 12 of an entry permit or interim-use permit by the commission, the permit is void and 13 must be immediately surrendered to the commission. 14 (b) A permit holder whose entry permit or interim-use permit for a fishery is 15 suspended or revoked may not obtain an entry permit or interim-use permit for that 16 fishery for one year from the effective date of the suspension or revocation of the 17 permit. During the period for which the permit holder's privilege to obtain an entry 18 permit or interim-use permit for a fishery is suspended under this section, the 19 commission may not issue a permit card to the permit holder for that fishery. 20 (c) A permit holder whose privilege of obtaining an entry permit or interim-use 21 permit for a fishery is suspended under (b) of this section may engage in the fishery 22 only under a crewmember license. 23 (d) An entry permit may not be permanently transferred (1) during the period 24 for which the entry permit is suspended under this section; or (2) if proceedings in 25 which the entry permit may be suspended or revoked under this section are pending 26 against the entry permit. 27 (e) An entry permit revoked by the commission under AS 16.43.850 - 28 16.43.895 that is pledged as security for a loan under AS 16.10.333 or AS 44.81.231 29 shall be reassigned or sold as provided in AS 16.10.337 or AS 44.81.250. 30 (f) If, during the period for which a permit holder's interim-use permit for a 31 fishery is suspended, the commission establishes a limited entry system for the fishery,
01 the permit holder shall be eligible to obtain an entry permit for that fishery to the 02 extent that the permit holder qualifies for the entry permit under regulations adopted 03 by the commission. If the permit holder qualifies for an entry permit for the fishery, 04 the commission shall withhold issuance of the entry permit until the period of the 05 suspension imposed under (b) of this section has expired. 06 Sec. 16.43.870. Notice and appeal. Subject to AS 16.43.120(a), the 07 commission shall provide notice of, and respondents may appeal from, determinations 08 of the commission under regulations adopted by the commission under AS 16.43.110. 09 Sec. 16.43.875. Required notice to commission. (a) The Department of 10 Public Safety shall notify the commission of each alleged violation of a commercial 11 fishing law by a permit holder. 12 (b) A court that convicts a person of a violation of commercial fishing laws 13 under this title or under a regulation adopted under this title shall forward a record of 14 the conviction to the commission. 15 (c) A conviction on a plea of nolo contendere accepted by the court or a 16 forfeiture of bail or collateral deposited to secure a defendant's appearance in court 17 that has not been vacated is a conviction for purposes of AS 16.43.850 - 16.43.895. 18 (d) A court that suspends or revokes an entry permit or interim-use permit 19 shall require the surrender of the permit and shall immediately forward the permit to 20 the commission with the record of conviction and notification of the effective date of 21 the suspension or revocation. 22 Sec. 16.43.895. Definitions for AS 16.43.850 - 16.43.895. In AS 16.43.850 - 23 16.43.895, 24 (1) "commercial fishing law" means a statute or regulation that 25 regulates the conduct of a person engaged in commercial fishing activities by 26 establishing requirements relating to fishing licenses and permits; catch records and 27 reports; size, nature, or use of fishing vessels, sites, and gear; time, place, or manner 28 of taking fishery resources; possession, transportation, sale, barter, or waste of fishery 29 resources; or other aspects of commercial fishing; 30 (2) "commercial fishing permit" means an entry permit or an interim- 31 use permit issued under this chapter;
01 (3) "permit holder" includes the holder of a permit as the result of an 02 emergency transfer, an applicant for a commercial fishing permit if the applicant's 03 commercial fishing permit was revoked or suspended under AS 16.43.850 - 16.43.895, 04 and a person whose privilege of obtaining a commercial fishing permit for a fishery 05 is suspended under AS 16.43.850 - 16.43.895. 06 * Sec. 2. APPLICABILITY. This Act applies to violations of commercial fishing laws that 07 occur on or after the effective date of this Act.