Section 16.43.850. Point system.

   (a) For the purpose of identifying frequent violators of commercial fishing laws in salmon fisheries, the commission shall adopt regulations establishing a uniform system for the suspension of commercial salmon fishing privileges by assigning demerit points for convictions for violations of commercial fishing laws in salmon fisheries that are reported to the commission under AS 16.43.880. The commission shall assess demerit points against a permit holder for each violation of commercial fishing laws in a salmon fishery in accordance with (b) and (c) of this section. The commission shall assess points against a permit holder for the salmon fishery in which the violation of commercial fishing laws occurred.
   (b) The commission shall assess demerit points against a permit holder for a conviction of a violation of commercial fishing laws in a salmon fishery under AS 16.05.722, 16.05.723, 16.05.831; AS 16.10.055, 16.10.070 - 16.10.090, 16.10.100, 16.10.110, 16.10.120, 16.10.200 - 16.10.220, and 16.10.760 - 16.10.790 for the following violations in accordance with this schedule: 
                                                                 
   (1) fishing in closed waters ............................. 6 points;
   (2) fishing during closed season or period ............... 6 points;
   (3) fishing with more than the legal amount of gear ...... 4 points;
   (4) fishing with gear not allowed in fishery ............. 6 points;
   (5) fishing before expiration of transfer period ......... 6 points;
   (6) interfering with commercial fishing gear ............. 4 points;
   (7) fishing with more than the legal amount of gear on              
vessel ...................................................... 4 points;
   (8) improper operation of fishing gear ................... 4 points;
   (9) permit holder not present when required .............. 4 points;
   (10) fishing with underlength or overlength vessel ....... 6 points;
   (11) wanton waste of fishery resources .................. 4 points. 
                                                                
   (c) Notwithstanding (b) of this section, if a permit holder's first conviction of a violation of commercial fishing laws in a salmon fishery in a 36-month period is a conviction under AS 16.05.722, the number of demerit points assessed against the permit holder for the violation must be one-half of the points assessed for the violation under (b) of this section.
   (d) The commission shall suspend a permit holder's commercial salmon fishing privileges for a salmon fishery for a period of
        (1) one year if the permit holder accumulates 12 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;
        (2) two years if the permit holder accumulates 16 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery;
        (3) three years if the permit holder accumulates 18 or more points during any consecutive 36-month period as a result of convictions for violations of commercial fishing laws in the salmon fishery.

Authorities

16.43.855;16.43.860;16.43.870;16.43.880;16.43.895;16.43.850

Notes

Recent Bills that will modify this

HB 112 REPEAL CFEC; TRANSFER FUNCTIONS TO ADFG

Implemented As

20 AAC 05.1972

References

20 AAC 05.1972
AS 16.43.855 Assessment of points.
AS 16.43.860 Suspension.
AS 16.43.870 Notice and appeal.
AS 16.43.880 Required notice to commission.
AS 16.43.895
AS 16.43.895 Definitions for AS 16.43.850 - 16.43.895.

History

(Sec. 1 ch 110 SLA 1998)