Section 16.10.267. Possession of permit and identification by seller.

   (a) When a fisherman sells fish, the fisherman shall possess
        (1) a landing permit, entry permit, or interim-use permit issued or transferred to the fisherman under AS 16.43, or other document authorized by regulation to be used in place of an entry permit or interim-use permit; and
        (2) an identification card that has been issued to the fisherman by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fisherman.
   (b) If requested by the purchaser of the fish or by a peace officer, the fisherman or fish transporter shall present for inspection the identification card, entry permit, interim-use permit, fish transporter permit, or other document required to be in the fisherman's or the fish transporter's possession under (a) or (d) of this section.
   (c) Examples of a suitable identification card required under (a)(2) and (d)(2) of this section are a motor vehicle operator's license issued under AS 28.15.111 and an identification card issued under AS 18.65.310.
   (d) When a fish transporter sells fish as the agent of the commercial fisherman who caught the fish, the fish transporter shall possess
        (1) a fish transporter permit and the fish ticket completed by the fish transporter under AS 16.05.671(d); and
        (2) an identification card that has been issued to the fish transporter by a state or federal agency or other organization designated by the Department of Public Safety and that bears a photograph of the fish transporter.
   (e) A person who violates this section is, upon conviction, guilty of a class B misdemeanor and may be sentenced to a definite term of imprisonment of not more than 90 days.  In addition
        (1) upon a first conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $5,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;
        (2) upon a second conviction for a violation of this section, the court may sentence the convicted person to pay a fine of not more than $10,000 and may order the loss of commercial fishing privileges for a period of not more than three years from the date of conviction;
        (3) upon a third or subsequent conviction for a violation of this section, the court
             (A) may sentence the convicted person to pay a fine of not more than $10,000; and
             (B) shall order that the convicted person lose commercial fishing privileges for a period of three years from the date of conviction.

Notes

Implemented As

20 AAC 05.115
5 AAC 39.111

References

20 AAC 05.115
5 AAC 39.111

History

(Sec. 2 ch 94 SLA 1982; am Sec. 4 ch 145 SLA 1984; am Sec. 1 ch 51 SLA 1989; am Sec. 6 - 8 ch 112 SLA 2003)