Alaska Administrative Code › Title 20 - Miscellaneous Boards and Commissions › Chapter 05 - Commercial Fisheries Entry Commission › Article 19 - Miscellaneous Provisions › 20 AAC 05.1971 - Appeal of conviction

Current through May 31, 2024
(a) Upon receipt of
				notice from a court, the commission will immediately assess demerit points
				against a person for each conviction of a commercial fishing law designated in
				AS
				16.43.850(b) or a regulation
				adopted under the statutes designated in
				AS
				16.43.850(b), including a
				strict liability or misdemeanor violation involving commercial salmon fishing
				described as follows:
(1) fishing in closed
				waters, including regulations that prohibit salmon fishing in a specified
				area;
(2) fishing during closed
				season or period, including regulations that prohibit salmon fishing during
				specific dates or times;
(3) fishing
				with more than the legal amount of gear, including regulations that restrict the
				size or quantity of fishing gear that may be used in a salmon fishery;
(4) fishing with gear not allowed in fishery,
				including
(A) regulations that govern the gear
				type that may be used in a salmon fishery;
(B) regulations that govern the physical
				characteristics of gear that may be used in a salmon fishery, including the type
				of mesh or filament that may be used in salmon fishing nets; and
(C) regulations that prohibit or limit the use
				offish traps, airplanes, lights, explosives, chemicals, drums, reels, or other
				instrumentalities in salmon fisheries.
(5) fishing before expiration of transfer
				period, including regulations that prohibit the operation of gear before the
				approval and processing of a transfer request by the commission if the violation
				occurred while participating in a salmon fishery;
(6) interfering with commercial fishing gear,
				including regulations that prohibit physical disturbance of or damage to the
				fishing gear of another salmon fisherman;
(7) fishing with more than the legal amount of
				gear on vessel, including regulations that restrict the amount of fishing gear
				that is permitted to be aboard a vessel used in a salmon fishery;
(8) improper operation of fishing gear; a
				voilation of regulations for improper operation of fishing gear (CA) includes
				regulations that govern the proper deployment, operation, use, or movement of
				salmon fishing gear in water, including the improper use of a vessel to drive or
				direct fish (B) but does not include regulations that govern possession of
				personal identification, marking of fishing gear, or vessel or gear registration
				except as it applies to area registration requirements;
(9) permit holder not present when required,
				including regulations that require the physical presence of one or more limited
				entry permit holders to operate gear in a salmon fishery;
(10) fishing with underlength or overlength
				vessel, including regulations that govern the minimum or maximum length of a
				vessel that may be used in a salmon fishery; and
(11) wanton waste of fishery resources,
				including regulations that require utilization of the majority of a salmon
				carcass.