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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 5. Fish and Game Code
- Section 722. Strict Liability Commercial Fishing Penalties.
previous: Section 720
. Penalties. [Repealed, Sec. 5 Ch 46 SLA 1988].
next: Section 723
. Misdemeanor Commercial Fishing Penalties.
AS 16.05.722. Strict Liability Commercial Fishing Penalties.
- (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.
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