Section 16.05.410. Revocation of license.

   (a) Upon conviction of a person of a first violation of AS 16.05.330  -  16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court may, in addition to the penalty imposed by law, revoke the person's license.
   (b) Upon subsequent conviction of a person for a violation of AS 16.05.330  -  16.05.430 or of a federal or state law or regulation for the protection of the sport fish and game of the state, the court shall revoke the person's license.
   (c) A person whose license has been revoked as provided in (b) of this section may not purchase another license of the same type for a period of not less than two years nor more than three years from the date of revocation as determined by the court.
   (d)   [Repealed, Sec. 2 ch 32 SLA 1968].
   (e)   [Repealed, Sec. 2 ch 32 SLA 1968].
   (f) Except as provided in (g) of this section, the provisions of (a) -  (c) of this section do not apply when the offense for which the person is convicted is a misdemeanor for which a forfeitable bail amount has been set under AS 16.05.165.
   (g) When a person has been convicted during a two-year period of two or more misdemeanor offenses for which a forfeitable bail amount has been set under AS 16.05.165, a peace officer may file a civil action in the district court to revoke the person's license.  Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation, and shall send notice of the hearing to the person. The hearing shall be before the court without a jury.  At the hearing the court shall hear evidence regarding the nature and seriousness of the offenses for which the person was convicted, the time period involved, the potential effect of the person's actions upon the preservation of the resource, and other relevant circumstances.  If the court finds by a preponderance of the evidence that the person's actions demonstrate a disregard for the preservation of the state's fish or wildlife resources, the court may revoke the person's license for a period of not less than one year nor more than three years from the date of revocation.
   (h) For purposes of enforcement of the provisions of the Wildlife Violator Compact entered into under AS 16.05.332, upon the receipt of a report that a violator has failed to comply with the terms of a citation for a wildlife violation issued by an issuing state other than this state or of the violator's conviction of a wildlife violation in an issuing state other than this state, a peace officer may file a civil action in the district court to revoke the comparable license or licenses that the violator holds in this state. Once an action has been filed, the court shall set a time and date for a hearing on the proposed license revocation or revocations and shall send notice of the hearing to the violator. The hearing shall be before the court without a jury. At the hearing, the court shall hear evidence regarding the nature and seriousness of the offense for which the violator was convicted or the nature and seriousness of the failure to comply with the citation, the time period involved, the potential effect of the violator's actions on the preservation of the resource, and other relevant circumstances. If the court finds by a preponderance of the evidence that the violator's actions demonstrate a disregard for the preservation of wildlife resources, the court may revoke the violator's license or licenses for a period of not less than one year or more than three years from the date of revocation. In this subsection, the terms "issuing state," "wildlife," and "wildlife violation" have the meanings given in AS 16.05.332.

Notes

History

(Sec. 8 art II ch 94 SLA 1959; am Sec. 17 ch 131 SLA 1960; am Sec. 1 ch 56 SLA 1962; am Sec. 4, 5 ch 75 SLA 1964; am Sec. 2 ch 32 SLA 1968; am Sec. 15 ch 132 SLA 1984; am Sec. 3 ch 87 SLA 2008)