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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Alaska Statutes Title 16. Fish and Game § 16.05.722. Strict liability commercial fishing penalties - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-16-fish-and-game/ak-st-sect-16-05-722/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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