{"data":{"id":"us-ak/as-16.05.722","jurisdiction":"us-ak","citation":"AS 16.05.722","heading":"Strict liability commercial fishing penalties.","body":"(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\n(1) $3,000 for a first conviction;\n(2) $6,000 for a second conviction or for a subsequent conviction not described in (3) of this subsection; and\n(3) $9,000 for a third or subsequent conviction within a 10-year period.\n(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.\n(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.","path":["Title 16. Fish and Game.","Chapter 05. Fish and Game Code and Definitions.","Article 4. Licensing of Commercial Fishing Crewmembers and Vessels."],"source_url":"https://www.akleg.gov/basis/statutes.asp#16.05.722","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:17:07Z","sha256":"a4ae4bbd8c4f765d3611d34ef37dd9861c6dc91ba898381dd450fc196e260519","source_id":"us-ak","stale":false,"prev":"us-ak/as-16.05.720","next":"us-ak/as-16.05.723"},"notice":"GroundRules: Original legal text. Not legal advice."}