05/07/2004 04:17 PM Senate RES

    CSHB 309(JUD) am-CRIMES: NONINDIGENOUS FISH; SENTENCING                                                                 
                                                                                                                                
CHAIR   OGAN  announced   CSHB   309(JUD)  am   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
MR. NEAL  DUPERRON, staff to Representative  Kelly Wolf, sponsor,                                                               
explained  that CSHB  309(JUD)  am  says that  a  person may  not                                                               
knowingly  release,  transport,  possess, export  or  import  for                                                               
purposes of  release into the  state waters live  indigenous fish                                                               
or  live   fertilized  eggs   from  non-indigenous   fish  unless                                                               
permitted by  AS 16.05 or  AS 16.04 or under  regulations adopted                                                               
under AS 16.05 - AS 16.40.                                                                                                      
                                                                                                                                
SENATOR WAGONER moved Amendment 1.                                                                                              
                                                     23-LS1097\BA.1                                                             
                                                         Utermohle                                                              
                                                           1/13/05                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
OFFERED IN THE SENATE                        BY SENATOR WAGONER                                                                 
     TO:  CSHB 309(JUD) am                                                                                                      
                                                                                                                                
Page 1, line 6:                                                                                                                 
     Delete "(1)"                                                                                                               
     Delete "generally accepted practices associated with"                                                                      
                                                                                                                                
Page 1, lines 8 - 9:                                                                                                            
     Delete "; and                                                                                                              
          (2)  the state enforce this Act with due regard for                                                                   
private property"                                                                                                               
     Insert "and do not cause significant harm to the continued                                                                 
perpetuation of native, wild, or hatchery stocks of fish"                                                                       
                                                                                                                                
Page 2, following line 7:                                                                                                       
     Insert a new subsection to read:                                                                                           
          "(d)  In addition to the penalty imposed under (c) of                                                                 
     this section,  a person who  is convicted of  violating this                                                               
     section may be  ordered by the court to  pay restitution, up                                                               
     to a maximum of $10,000, to  the state to cover the costs of                                                               
     damages to  fishery resources of  the state and  of removing                                                               
     the introduced fish species from the water of the state."                                                                  
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
SENATOR WAGONER  moved to amend  Amendment 1 [Amendment  1(a)] on                                                               
line 14  to delete "up  to a maximum  of $10,000" and  to correct                                                               
the punctuation.                                                                                                                
                                                                                                                                
CHAIR OGAN objected for discussion purposes.                                                                                    
                                                                                                                                
SENATOR WAGONER replied  that the restitution could  cost a whole                                                               
lot more than $10,000.                                                                                                          
                                                                                                                                
MS. SARAH  GILBERTSON, Legislative Liaison, Alaska  Department of                                                               
Fish and Game  (ADF&G), explained that with the  deletion of that                                                               
language  the  discretion  of  the  courts  is  maintained  where                                                               
currently,  restitution  is  sought under  the  general  criminal                                                               
code.                                                                                                                           
                                                                                                                                
CHAIR OGAN  said that the  legislature sets limits like  that all                                                               
the time and this could certainly impoverish someone.                                                                           
                                                                                                                                
SENATOR WAGONER  quipped that if  someone were  impoverished, the                                                               
word would get around quicker.  "It's a travesty to allow private                                                               
parties to get away with something  like this.... I agree this is                                                               
a good bill."                                                                                                                   
                                                                                                                                
CHAIR OGAN  removed his  objection to  Amendment 1  and Amendment                                                               
1(a).                                                                                                                           
                                                                                                                                
SENATOR WAGONER  moved to pass  SCS CSHB 309(RES)  from committee                                                               
with individual recommendations and  attached fiscal notes. There                                                               
were no objections and it was  so ordered. There being no further                                                               
business to come  before the committee, Chair  Ogan adjourned the                                                               
meeting at 4:30 p.m.