Sec. 16.10.267. Possession of permit and identification by seller.

455 words·~2 min read·/ak/title-16/chapter-10/16-10-267

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)When a fisherman sells fish, the fisherman shall possess

(1)a landing permit, entry permit, or interim-use permit issued or transferred to the fisherman under AS 16.43 , or other document authorized by regulation to be used in place of an entry permit or interim-use permit; and

(2)an identification card that has been issued to the fisherman by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fisherman.

(b)If requested by the purchaser of the fish or by a peace officer, the fisherman or fish transporter shall present for inspection the identification card, entry permit, interim-use permit, fish transporter permit, or other document required to be in the fisherman's or the fish transporter's possession under

(a)or

(d)of this section.

(c)Examples of a suitable identification card required under (a)(2) and (d)(2) of this section are a motor vehicle operator's license issued under AS 28.15.111 , an identification card issued under AS 18.65.310 , and an identification card issued under AS 33.30.105 .

(d)When a fish transporter sells fish as the agent of the commercial fisherman who caught the fish, the fish transporter shall possess

(1)a fish transporter permit and the fish ticket completed by the fish transporter under AS 16.05.671 (d); and

(2)an identification card that has been issued to the fish transporter by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fish transporter.

(e)A person who violates this section is, upon conviction, guilty of a class B misdemeanor and may be sentenced to a definite term of imprisonment of not more than 90 days. In addition

(1)upon a first conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $5,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;

(2)upon a second conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $10,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;

(3)upon a third or subsequent conviction for a violation of this section, the court

(A)may sentence the convicted person to pay a fine of not more than $10,000; and

(B)shall order that the convicted person lose commercial fishing privileges for a period of three years from the date of conviction.