02/03/1995 03:45 PM Senate RES

 SRES 2/3/95                                                                   
         SB  21 FINES FOR COMMERCIAL FISHING VIOLATIONS                       
                                                                              
 SENATOR LEMAN announced SB 21 to be up for consideration.                     
                                                                               
 SENATOR HALFORD moved to adopt the CS to SB 21.  There were no                
 objections and it was so ordered.                                             
                                                                               
 SENATOR HALFORD explained that the CS changes the penalties to                
 $6,000 and $12,000.  It leaves the penalty for the first conviction           
 at $3,000.                                                                    
                                                                               
 SENATOR LEMAN said most of them would probably agree that the area            
 they would like to get at is the Egegik area and his intent is that           
 the ADF&G and the Board of Fisheries take some action regarding               
 physically identifying that line.                                             
                                                                               
 Number 128                                                                    
                                                                               
 LOUIS MENENDEZ, former Prosecuting Attorney for the State of                  
 Alaska, said he worked in Bristol Bay for about five of his 15                
 years.  He thought this bill would not pass a challenge in the                
 Court of Appeals.  He also thought this was more of a management              
 issue and perhaps allocation of the number of boats could be                  
 accomplished by a lottery system or something like that.                      
 Increasing the penalties will not work, he said.                              
                                                                               
 SENATOR FRANK asked on what grounds it would be challenged.  Mr.              
 Menendez answered "strict liability."  He explained that this                 
 statute has no showing of intent for wrongdoing.  Applying more of            
 a penalty would make it more criminal in nature and as a result               
 some mental state would have to be incorporated.                              
                                                                               
 SENATOR LEMAN said he understood the Court of Appeals has already             
 approved penalty up to $5,000.  SENATOR HALFORD agreed and added              
 that was done in 1980.                                                        
                                                                               
 Mr. Menendez reiterated that he didn't think this legislation would           
 pass the Court of Appeals and that it was really a management                 
 issue.  He also noted that it would be subject to abuse.  For                 
 instance, if you pick up a fisherman on the line and bring him into           
 a situation where he has to plead guilty or not guilty, you could             
 threaten him.  You could say plead to the misdemeanor or plead to             
 the violation.  Then you could say the violation will be as much as           
 whatever fine you want to make it.  It's dangerous leverage.                  
                                                                               
 Number 215                                                                    
 SENATOR HALFORD moved to pass CSSB 21 from Committee with                     
 individual recommendations.  There were no objections and it was so           
 ordered.