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CSHB 129(JUD) Detail
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CSHB 129(JUD): "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. 129(JUD) 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, not later than 30 days after the issuance of the 22 citation, a license previously issued to the person that was valid at the time of the 23 offense. 24 (g) A license in actual possession may be in paper or electronic form. 25 (h) A peace officer presented with an electronic device under (g) of this 26 section is immune from any liability resulting from damage to the device. 27 * Sec. 4. AS 16.05.340(a)(6) is amended to read: 28 (6) Resident hunting, trapping, and sport fishing license ..... 75; 29 (A) however, the fee is $5 for an applicant who has an annual 30 family or household income equal to or less than the most recent poverty 31 guidelines for the state set by the United States Department of Health and

01 Human Services for the year preceding application; 02 (B) a person paying $5 for a resident hunting, trapping, and 03 sport fishing license shall [MUST] provide proof of eligibility under this 04 paragraph when purchasing [REQUESTED BY] the license 05 [DEPARTMENT]. 06 * Sec. 5. AS 16.05.430(a) is amended to read: 07 (a) Except as provided in AS 16.05.330(f), 16.05.407(b) [AS 16.05.407(b)] 08 and (d), 16.05.408(b), and 16.05.420(b), a person who violates AS 16.05.330 - 09 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a class 10 A misdemeanor [AND UPON CONVICTION IS] punishable by a fine of not more 11 than $5,000 [$1,000], or by imprisonment for not more than six months, or by both. 12 * Sec. 6. AS 16.05.430 is amended by adding new subsections to read: 13 (c) Except as provided in AS 16.05.407(b) and (d), 16.05.408(b), and 14 16.05.420(b), a person who, without any culpable mental state, violates AS 16.05.330 15 - 16.05.420 or a regulation adopted under AS 16.05.330 - 16.05.420 is guilty of a 16 violation punishable as provided in AS 12.55. 17 (d) In addition to any penalty imposed under this section, a person may be 18 ordered to pay restitution to the state equal to the amount of any lost state or federal 19 matching funds from the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux 20 programs incurred from the person's violation of AS 16.05.330 - 16.05.420 or a 21 regulation adopted under this chapter, AS 16.20, or AS 16.40. 22 * Sec. 7. AS 16.05.722(a) is amended to read: 23 (a) A person who, without any culpable mental state, violates AS 16.05.440 - 24 16.05.690 [,] or a regulation of the Board of Fisheries or the department governing 25 commercial fishing [,] is guilty of a violation and upon conviction is punishable by a 26 fine of not more than 27 (1) $6,000 [$3,000] for a first conviction; 28 (2) $12,000 [$6,000] for a second conviction or for a subsequent 29 conviction not described in (3) of this subsection; and 30 (3) $15,000 [$9,000] for a third or subsequent conviction within a 10- 31 year period.

01 * Sec. 8. AS 16.05.722 is amended by adding a new subsection to read: 02 (d) The court shall transmit notice of all convictions under this section to the 03 Alaska Commercial Fisheries Entry Commission. 04 * Sec. 9. AS 16.05.782(a) is amended to read: 05 (a) Except as provided in (d) of this section, a person may not take [WHO 06 WITH CRIMINAL NEGLIGENCE TAKES] a brown or grizzly bear within one-half 07 mile of a solid waste disposal facility [IS GUILTY OF A CLASS A 08 MISDEMEANOR]. 09 * Sec. 10. AS 16.05.782(b) is amended to read: 10 (b) In addition to the penalty imposed by law under [(a) OF] this section, the 11 court shall order forfeiture of the hide and skull of the bear; [, BUT] if the hide and 12 skull are not salvaged and delivered to the department, [THEN] the court shall impose 13 an additional fine of up to $10,000. 14 * Sec. 11. AS 16.05.782 is amended by adding new subsections to read: 15 (f) A person who, with criminal negligence, violates (a) of this section is 16 guilty of a class A misdemeanor punishable as provided in AS 12.55. 17 (g) A person who, without any culpable mental state, violates (a) of this 18 section is guilty of a violation punishable as provided in AS 12.55. 19 * Sec. 12. AS 16.05.783(c) is amended to read: 20 (c) A person who violates this section is guilty of a class A misdemeanor, and 21 [UPON CONVICTION] is punishable by a fine of not more than $10,000 [$5,000], or 22 by imprisonment for not more than one year, or by both. In addition, the court may 23 order the aircraft and equipment used in or in aid of a violation of this section to be 24 forfeited to the state. 25 * Sec. 13. AS 16.05.789(b) is amended to read: 26 (b) A person who violates this section is guilty of a class A misdemeanor 27 punishable as provided in AS 12.55. 28 * Sec. 14. AS 16.05.789 is amended by adding a new subsection to read: 29 (c) A person who, without any culpable mental state, violates this section is 30 guilty of a violation punishable as provided in AS 12.55. 31 * Sec. 15. AS 16.05.790 is amended by adding a new subsection to read:

01 (g) A person who, without any culpable mental state, violates this section is 02 guilty of a violation punishable as provided in AS 12.55. 03 * Sec. 16. AS 16.05.831(c) is amended to read: 04 (c) A person who violates this section or a regulation adopted under it is guilty 05 of a class A misdemeanor punishable as provided in AS 12.55 [BY A FINE OF 06 NOT MORE THAN $10,000, OR BY IMPRISONMENT FOR NOT MORE THAN 07 SIX MONTHS, OR BY BOTH]. In addition, a person who violates this section is 08 subject to a civil action by the state for the cost of replacing the salmon wasted. 09 * Sec. 17. AS 16.05.901 is amended by adding a new subsection to read: 10 (c) A person who, without any culpable mental state, violates AS 16.05.871 - 11 16.05.896 is guilty of a violation punishable as provided in AS 12.55. 12 * Sec. 18. AS 16.05.925 is amended to read: 13 Sec. 16.05.925. Penalty for violations. (a) Except as provided in 14 AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 16.05.783, 16.05.831, 16.05.861, 15 [AND] 16.05.905, and (c) of this section, a person who violates AS 16.05.920 or 16 16.05.921, or a regulation adopted under this chapter or AS 16.20, is guilty of a class 17 A misdemeanor punishable as provided in AS 12.55. 18 (b) In addition to a penalty imposed under (a) of this section or any other 19 penalty for violation of this title or a regulation adopted under this title, and except as 20 provided in (c) of this section, a person who is convicted of unlawfully taking an 21 animal listed in this subsection, as adjusted for inflation as provided in (d) of this 22 section, may be ordered by the court to pay restitution to the state in the amount set 23 out in this subsection for each animal unlawfully taken: 24 (1) Bear, black .................... $ 900 [$ 600] 25 (2) Bear, brown or grizzly ............. 2,500 [1,300] 26 (3) Bison ........................ 3,000 [1,300] 27 (4) Caribou ......................... 1,500 [850] 28 (5) Deer ........................... 1,000 [400] 29 (6) Elk ............................ 2,000 [800] 30 (7) Goat ........................... 2,000 [800] 31 (8) Moose ....................... 2,500 [1,000]

01 (9) Musk oxen .................... 4,500 [3,000] 02 (10) Sheep ....................... 2,000 [1,100] 03 (11) Wolf .......................... 1,000 [500] 04 (12) Wolverine ....................... 750 [500]. 05 * Sec. 19. AS 16.05.925 is amended by adding new subsections to read: 06 (c) A defendant may not be ordered to pay restitution under (b) of this section 07 if the defendant 08 (1) as soon as reasonably practicable, voluntarily reports the taking to 09 the department or a state law enforcement officer engaged in fish and wildlife 10 protection; and 11 (2) surrenders to the department all salvaged portions of the animal, 12 including its horns, antlers, hide, and skull, as applicable. 13 (d) Beginning July 1, 2023, and every five years thereafter, the department 14 shall recalculate and update by regulation the restitution amounts provided in (b) of 15 this section to adjust for inflation, based on a formula provided by the Department of 16 Labor and Workforce Development, reflecting the change in the Consumer Price 17 Index for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, 18 United States Department of Labor, rounded to the nearest $50 increment. 19 * Sec. 20. AS 16.05.940 is amended by adding a new paragraph to read: 20 (39) "electronic form" means the display of images on an electronic 21 device such as a mobile telephone, tablet, or computer. 22 * Sec. 21. AS 16.10.030 is amended to read: 23 Sec. 16.10.030. Penalty for violation of AS 16.10.010 - 16.10.050. A person 24 who violates AS 16.10.010 - 16.10.050 is guilty of a class A misdemeanor and [, 25 UPON CONVICTION,] is punishable by a fine of not less than $100 nor more than 26 $1,000 [$500]. 27 * Sec. 22. AS 16.10.030 is amended by adding a new subsection to read: 28 (b) A person who, without any culpable mental state, violates AS 16.10.010 - 29 16.10.050 is guilty of a violation punishable as provided in AS 12.55. 30 * Sec. 23. AS 16.10.090 is amended to read: 31 Sec. 16.10.090. Penalty for violation of AS 16.10.070. A person who violates

01 AS 16.10.070 is guilty of a class A misdemeanor [AND IS] punishable as provided in 02 AS 12.55 [BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A 03 FINE OF NOT MORE THAN $5,000 OR BY BOTH]. 04 * Sec. 24. AS 16.10.090 is amended by adding a new subsection to read: 05 (b) A person who, without any culpable mental state, violates AS 16.10.070 is 06 guilty of a violation punishable as provided in AS 12.55. 07 * Sec. 25. AS 16.10.110 is amended to read: 08 Sec. 16.10.110. Penalty for violation of AS 16.10.100. A person who violates 09 AS 16.10.100 is guilty of a class A misdemeanor and is punishable by imprisonment 10 for not more than one year or by a fine of not more than $10,000 [$5,000], or by both. 11 * Sec. 26. AS 16.10.110 is amended by adding a new subsection to read: 12 (b) A person who, without any culpable mental state, violates AS 16.10.100 is 13 guilty of a violation punishable as provided in AS 12.55. 14 * Sec. 27. AS 16.10.130 is amended to read: 15 Sec. 16.10.130. Penalty for violation of AS 16.10.120 or 16.10.125. A person 16 who violates AS 16.10.120 or 16.10.125 is guilty of a class A misdemeanor, and 17 [UPON CONVICTION] is punishable by imprisonment for not more than six months, 18 or by a fine of not more than $5,000 [$1,000], or by both. 19 * Sec. 28. AS 16.10.130 is amended by adding a new subsection to read: 20 (b) A person who, without any culpable mental state, violates AS 16.10.120 or 21 16.10.125 is guilty of a violation punishable as provided in AS 12.55. 22 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act applies to offenses committed on or after the effective 25 date of this Act. 26 * Sec. 30. This Act takes effect July 1, 2018.