Section 16.10.265. Purchase of fish from permit holders.

   (a) An individual may not, while acting as a fish processor or primary fish buyer, or as an agent, director, officer, member, or employee of a fish processor, of a primary fish buyer, or of a cooperative corporation organized under AS 10.15, intentionally or knowingly make an original purchase of fish from a seller who does not hold
        (1) a landing permit, an entry permit, or an interim-use permit; or
        (2) a fish transporter permit under AS 16.05.671.
   (b) An individual who violates (a) of this section is
        (1) upon a first conviction, guilty of a class B misdemeanor and shall be sentenced to a fine of not less than $1,000 nor more than $5,000, and may be sentenced to a definite term of imprisonment of not more than 90 days;
        (2) upon a second conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $5,000 nor more than $10,000, and may be sentenced to a definite term of imprisonment of not more than one year;
        (3) upon a third or subsequent conviction, guilty of a class A misdemeanor and shall be sentenced to a fine of not less than $10,000 nor more than $25,000, and may be sentenced to a definite term of imprisonment of not more than one year.
   (c) The commissioner of revenue shall impose upon a fish processor, primary fish buyer, or cooperative corporation organized under AS 10.15, a civil fine equal to the value of fish purchased in violation of this section by (1) the fish processor or primary fish buyer if the fish processor or primary fish buyer is not a corporation; or (2) a director, officer, or employee in a policy-making position of the fish processor, of the primary fish buyer, or of the cooperative corporation.  Value is based on the average price paid to fishermen at the time of the violation.
   (d) The commissioner of commerce, community, and economic development may suspend or revoke a business license issued under AS 43.70.020 and the commissioner of revenue may suspend or revoke a license to engage in the business of processing or buying raw fish if the licensee or an officer, director, or employee in a policy-making position of the licensee has been convicted of three offenses under this section.  Proceedings to suspend or revoke a license are governed by AS 44.62 (Administrative Procedure Act).
   (e) An organization may not be criminally prosecuted under (a) of this section.
   (f) In this section, "individual" means a natural person.

Authorities

16.10.268;16.10.269;16.10.294;16.10.296

Notes

Recent Bills that will modify this

HB 366 COMM. FISH. ENTRY PERMIT LOANS & BANKS

References

AS 16.10.268 Notice of liability.
AS 16.10.269 Limitations.
AS 16.10.294 Administrative and judicial orders.
AS 16.10.296 Definitions.

History

(Sec. 2 ch 94 SLA 1982; am Sec. 3 ch 145 SLA 1984; am E.O. No. 68, Sec. 2 (1988); am Sec. 5 ch 112 SLA 2003)