KSC, TITLE 19. MARINE RESOURCES
Chapter 7. Civil Remedies
Section 19.701. General enforcement.
The Attorney General shall
prosecute violations of this Title unless he determines that administrative
enforcement proceedings satisfy the interests of justice. The Attorney General
may take action to stop any violation of this Title, including seeking
injunctions and restraining orders. Any prosecution not handled administratively
may be pursued under the criminal laws of Title 13 and/or the civil penalties
and forfeiture provisions of this Title.
Section 19.702. Civil penalties.
(1) Any person who is found in a civil proceeding to have committed an act prohibited by this Title is liable to the State for a civil penalty. Civil penalties and fines may be imposed in addition to any criminal punishment imposed pursuant to Title 13.
(2) The amount of the civil penalty may not exceed $1,000,000 for each violation of this Title. Each day of a continuing violation constitutes a separate offense for which a separate penalty may be imposed.
(3) In determining the amount of a civil penalty, the court shall consider:
(a) The nature, circumstances, extent, and gravity of the acts;
(b) The violator's degree of culpability and any history of prior offenses; and
(c) Any other matter that justice requires.
(4) The Attorney General may initiate all proceedings under this Title and recover the amount assessed as a civil penalty.
(5) The proceeds of civil penalties must be deposited into the General Fund.
Section 19.703. Liability
for loss or damage.
In addition to imposition of a fine or
imprisonment for violation of this Title, the Court may also determine and
impose a damage award for any loss or damage caused by the act(s) underlying the
violation. The damage award may be recovered in the same manner as a
Section 19.704. Revocation
In addition to other penalties, the Court
may order the revocation or suspension of any permit issued under this Title and
may prohibit holding any such permit for up to 5 years.
Section 19.705. Liability
In any proceedings under this Title, the
operator of a fishing vessel is liable for the acts or omissions of any crew
member under his direction or supervision.
Section 19.706. Civil liability of officers of companies.
Each officer of a partnership, corporation,
firm, company, or any other business enterprise engaged in activities governed
by this Title is personally liable for any violation of this Title by any member
or employee of that business enterprise. It is an affirmative
defense to liability under this section that the officer used due diligence to
secure compliance with the Title or that the violation or offense was committed
without that officer's knowledge, consent, collusion or
Section 19.707. Presumptions.
The presumptions set forth in this Section
establish prima facie evidence of the subject matter of the presumption and
constitute sufficient proof of any element of an offense to which the
presumption is material unless the Court, or the Director in an administrative
proceeding, finds that the presumption is rebutted by competent
(1) Any fish found on board any fishing vessel used in the commission of an offense under this Title is presumed to have been caught or taken in the commission of that offense.
(2) Any entry in or on any log, chart or other document required to be maintained or used to record the activities of a fishing vessel is presumed to be that of the operator of that vessel.
Section 19.708. Burden of proof.
Where, in any proceeding under this Title,
a person has been alleged to have committed an offense involving an act for
which a permit is required, the burden is on that person to prove that at the
relevant time the requisite permit was held.
Section 19.709. Remittance to informant.
If a person has given material information
leading to a conviction or determination of liability, he is entitled to receive
1% of the fine collected.