Sec. 16.05.722. Strict liability commercial fishing penalties.

230 words·~1 min read·/ak/title-16/chapter-5/16-05-722

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

(a)A person who without any culpable mental state 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 violation and upon conviction is punishable by a fine of not more than

(1)$3,000 for a first conviction;

(2)$6,000 for a second conviction or for a subsequent conviction not described in

(3)of this subsection; and

(3)$9,000 for a third or subsequent conviction within a 10-year period.

(b)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. 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. 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.

(c)A person charged with a violation under this section is entitled to a trial by court but not by jury, and is not entitled to representation at public expense.