Section 16.10.780. Assisting a vessel in high seas interception of salmon.

   (a) A person commits the offense of assisting a vessel in high seas interception of salmon if, knowing that a vessel is in possession of salmon obtained by high seas interception or that the owner or operator of the vessel intends to engage in the imminent interception of salmon, the person
        (1) moves persons, cargo, or other property to or from the vessel;
        (2) services or repairs the vessel or its equipment;
        (3) provides the vessel with power, supplies, equipment, or fuel;
        (4) provides the vessel with information, other than weather reports, capable of aiding the high seas interception of salmon or frustrating or avoiding detection, including communicating the movements, intentions, or activities of state or federal law enforcement officials or other fishing vessels; or
        (5) is in charge of a docking facility, harbor, or anchorage, and permits the vessel to dock or anchor, or to remain docked or anchored.
   (b) It is an affirmative defense, as defined in AS 11.81.900(b), to a violation of this section, if the person honestly and reasonably believed that the assistance provided to the vessel was necessary for humanitarian or environmental purposes or to prevent a significant loss of property. An affirmative defense under this section may not be raised, unless the person provided immediate notice, by the quickest available means, to the United States Coast Guard or the Department of Public Safety indicating the type of assistance being provided and the circumstances requiring the assistance.
   (c) In this section,
        (1) "environmental purpose" means the intent to prevent or minimize adverse ecological effects to water quality;
        (2) "humanitarian purpose" means the intent to provide medical services for a sick or injured person, or to prevent the loss of human life;
        (3) "owner or operator of the vessel" means a person who
             (A) has an ownership interest in the vessel;
             (B) has authority to control or direct the vessel's activities; or
             (C) physically operates a vessel or its equipment.
   (d) Assisting a vessel in high seas interception of salmon is a class A misdemeanor.

Notes

History

(Sec. 1 ch 94 SLA 1989)