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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 5. Fish and Game Code
- Section 723. Misdemeanor Commercial Fishing Penalties.
previous: Section 722
. Strict Liability Commercial Fishing Penalties.
next: Section 730
. Management of Wild and Enhanced Stocks of Fish.
AS 16.05.723. Misdemeanor Commercial Fishing Penalties.
- (a) A person who negligently violates AS 16.05.440
- 16.05.690, or a regulation of the Board of
Fisheries or the department governing commercial fishing, is guilty of a misdemeanor and in addition to punishment
under other provisions in this title, including AS 16.05.195
and 16.05.710, is punishable upon conviction by a
fine of not more than $15,000 or by imprisonment for not more than one year, or by both. In addition, the court shall
order forfeiture of any fish, or its fair market value, taken or retained as a result of the commission of the
violation, and the court may forfeit any vessel and any fishing gear, including any net, pot, tackle, or other device
designed or employed to take fish commercially, that was used in or in aid of the violation. Any fish, or its fair
market value, forfeited under this subsection may not also be forfeited under AS 16.05.195
. For purposes of this subsection, it is a rebuttable presumption that all fish found on board a fishing vessel used in
or in aid of a violation, or found at the fishing site, were taken or retained in violation of AS 16.05.440
- 16.05.690 or a commercial fisheries regulation of
the Board of Fisheries or the department, and it is the defendant's burden to show by a preponderance of the evidence
that fish on board or at the site were lawfully taken and retained.
- (b) If a person is convicted under this section of one of the following offenses, then, in addition to the penalties
imposed under (a) of this section, the court may impose a fine equal to the gross value of the fish found on board or
at the fishing site at the time of the violation:
- (1) commercial fishing in closed waters;
- (2) commercial fishing during a closed period or season;
- (3) commercial fishing with unlawful gear, including a net, pot, tackle, or other device designed or employed to take fish
- (4) commercial fishing without a limited entry permit holder on board if the holder is required by law or regulation to be
- (c) Upon a third misdemeanor conviction within a period of 10 years for an offense listed in (b) of this section or any
combination of offenses listed in (b) of this section, the court shall impose, in addition to any penalties imposed
under (a) of this section, a fine equal to three times the gross value of the fish found on board or at the fishing
site at the time of the offense, or a fine equal to $10,000, whichever is greater.
Article 05. MANAGEMENT OF FISH AND FISHERIES
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