HB 286: "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; 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'; amending Rule 5(a)(4), Alaska Rules of Minor Offense Procedure; and providing for an effective date."
00 HOUSE BILL NO. 286 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; relating 05 to commercial fishing violations; allowing lost federal matching funds from the Pittman 06 - Robertson, Dingell - Johnson/Wallop - Breaux programs to be included in an order of 07 restitution; adding a definition of 'electronic form'; amending Rule 5(a)(4), Alaska Rules 08 of Minor Offense Procedure; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 16.05.330(a) is amended to read: 11 (a) Except as otherwise permitted in this chapter, without having the 12 appropriate license, [OR] tag, or permit in actual possession, a person may not
01 engage in 02 (1) sport fishing, including the taking of razor clams; 03 (2) hunting or [,] trapping [, OR FUR DEALING]; 04 (3) the farming of fish, fur, or game; 05 (4) taxidermy or fur dealing; or 06 (5) control of nuisance wild birds and nuisance wild small mammals 07 for compensation. 08 * Sec. 2. AS 16.05.330(d) is amended to read: 09 (d) A person may not receive a sport fishing, hunting, or trapping license or 10 other permit or tag issued under AS 16.05.330 - 16.05.430, if the person's right to 11 obtain, or exercise the privileges granted by, a sport fishing, hunting, or trapping 12 license is suspended or revoked in this or another state. A person who applies for a 13 sport fishing, hunting, or trapping license or other permit or tag issued under 14 AS 16.05.330 - 16.05.430 shall sign a statement that the person's right to obtain, or 15 exercise the privileges granted by, a sport fishing, hunting, or trapping license is not 16 suspended or revoked in this or another state. 17 * Sec. 3. AS 16.05.330 is amended by adding new subsections to read: 18 (f) A person charged with violating (a)(1) or (2) of this section may not be 19 convicted if the person produces in court or in the office of the arresting or citing 20 officer, a license, tag, or permit previously issued to the person that was valid at the 21 time of the offense. 22 (g) A license or permit may be in actual possession in paper or electronic 23 form. 24 (h) Any peace officer presented with an electronic device under this section 25 shall be 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 BY A FINE OF 31 NOT MORE THAN $1,000, OR BY IMPRISONMENT FOR NOT MORE THAN
01 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 under 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 AS 16.05, 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 fine 16 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 skull 02 are not salvaged and delivered to the department then the court shall impose an 03 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. 07 (g) A person who, without any culpable mental state, violates (a) of this 08 section is guilty of a violation punishable under 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 AND UPON CONVICTION IS PUNISHABLE BY A FINE OF NOT MORE THAN 12 $5,000, OR BY IMPRISIONMENT FOR NOT MORE THAN ONE YEAR, OR BY 13 BOTH]. In addition, the court may order the aircraft and equipment used in or in aid 14 of a violation of this section to be forfeited to the state. 15 * Sec. 12. AS 16.05.789 is amended by adding a new subsection to read: 16 (c) A person who, without any culpable mental state, violates this section is 17 guilty of a violation punishable under AS 12.55. 18 * Sec. 13. AS 16.05.790 is amended by adding a new subsection to read: 19 (g) A person who, without any culpable mental state, violates this section is 20 guilty of a violation punishable under AS 12.55. 21 * Sec. 14. AS 16.05.831(c) is amended to read: 22 (c) A person who violates this section or a regulation adopted under it is guilty 23 of a class A misdemeanor [PUNISHABLE BY A FINE OF NOT MORE THAN 24 $10,000, OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR 25 BY BOTH]. In addition, a person who violates this section is subject to a civil action 26 by the state for the cost of replacing the salmon wasted. 27 * Sec. 15. AS 16.05.901 is amended by adding a new subsection to read: 28 (c) A person who, without any culpable mental state, violates AS 16.05.871 - 29 16.05.896 is guilty of a violation punishable under AS 12.55. 30 * Sec. 16. AS 16.05.925(b) is amended to read: 31 (b) In addition to a penalty imposed under (a) of this section or any other
01 penalty for violation of this title or a regulation adopted under this title, a person who 02 is convicted of unlawfully taking an animal listed in this subsection may be ordered by 03 the court to pay restitution to the state in the amount set out in this subsection for each 04 animal unlawfully taken: 05 (1) Bear, black .................................................... $900 [$600] 06 (2) Bear, brown or grizzly ................................ 1,950 [1,300] 07 (3) Bison ........................................................... 1,950 [1,300] 08 (4) Caribou ....................................................... 1,275 [850] 09 (5) Deer ............................................................... 600 [400] 10 (6) Elk .............................................................. 1,200 [800] 11 (7) Goat ............................................................ 1,200 [800] 12 (8) Moose ......................................................... 1,500 [1,000] 13 (9) Musk oxen .................................................. 4,500 [3,000] 14 (10) Sheep ........................................................ 1,650 [1,100] 15 (11) Wolf ............................................................. 750 [500] 16 (12) Wolverine .................................................... 750 [500]. 17 * Sec. 17. AS 16.05.925 is amended by adding a new subsection to read: 18 (c) A person who, without any culpable mental state, violates AS 16.05.871 - 19 16.05.896 is guilty of a violation punishable under AS 12.55. 20 * Sec. 18. AS 16.05.940 is amended by adding a new paragraph to read: 21 (38) "electronic form" means the display of images on an electronic 22 device such as a mobile telephone, tablet, or computer. 23 * Sec. 19. AS 16.10.030 is amended to read: 24 Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person 25 who violates AS 16.10.010 - 16.10.050 is guilty of a class A misdemeanor [AND, 26 UPON CONVICTION, IS PUNISHABLE BY A FINE OF NOT LESS THAN $100 27 NORE MORE THAN $500]. 28 * Sec. 20. AS 16.10.030 is amended by adding a new subsection to read: 29 (b) A person who, without any culpable mental state, violates AS 16.10.010 - 30 16.10.050 is guilty of a violation punishable under AS 12.55. 31 * Sec. 21. AS 16.10.090 is amended to read:
01 Sec. 16.10.090. Penalty for violation of AS 16.10.070. A person who violates 02 AS 16.10.070 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY 03 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF NOT 04 MORE THAN $5,000 OR BY BOTH]. 05 * Sec. 22. AS 16.10.090 is amended by adding a new subsection to read: 06 (b) A person who, without any culpable mental state, violates AS 16.10.070 is 07 guilty of a violation punishable under AS 12.55. 08 * Sec. 23. AS 16.10.110 is amended to read: 09 Sec. 16.10.010. Penalty for violation of AS 16.10.100. A person who violates 10 AS 16.10.100 is guilty of a class A misdemeanor [AND IS PUNISHABLE BY 11 IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BY A FINE OF NOT 12 MORE THAN $5,000, OR BY BOTH]. 13 * Sec. 24. AS 16.10.110 is amended by adding a new subsection to read: 14 (b) A person who, without any culpable mental state, violates AS 16.10.100 is 15 guilty of a violation punishable under AS 12.55. 16 * Sec. 25. AS 16.10.130 is amended to read: 17 Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125. A person 18 who violates AS 16.10.120 or 16.10.125 is guilty of class A misdemeanor [AND 19 UPON CONVICTION IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE 20 THAN SIX MONTHS, OR BY A FINE OF NOT MORE THAN $1,000, OR BY 21 BOTH]. 22 * Sec. 26. AS 16.10.130 is amended by adding a new subsection to read: 23 (b) A person who, without any culpable mental state, violates AS 16.10.120 or 24 16.10.125 is guilty of a violation punishable under AS 12.55. 25 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 DIRECT COURT RULE AMENDMENT. Rule 5(a)(4), Alaska Rules of 28 Minor Offense Procedure, is amended to read: 29 (4) Provide proof of compliance to a law enforcement agency if a 30 statute, regulation, or ordinance permits dismissal of the citation upon a showing of 31 compliance, except that proof of compliance may also be made to the court for
01 violation of AS 28.15.131 (failure to carry or exhibit license), [OR] AS 28.22.019 02 (proof of insurance), or AS 16.05.330 (failure to carry sport fishing, hunting, or 03 trapping license, tag, or permit). The court or municipality shall dismiss the citation 04 upon notification from the agency or proof of compliance. 05 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 APPLICABILITY. This Act applies to offenses committed on or after the effective 08 date of this Act. 09 * Sec. 29. This Act takes effect July 1, 2016.