(a) An operator, forest landowner, or timber owner who violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under Alaska Stat. § 41.17.136, or a stop work order issued under Alaska Stat. § 41.17.138 is liable, after notice and hearing, for a civil fine in an amount not to exceed $10,000 to be assessed by the commissioner. In determining the amount of civil fine, the commissioner shall consider

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 41.17.131

  • forest landowner: means a person who owns forest land, but does not include the owner of mineral or subsurface rights only. See Alaska Statutes 41.17.950
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • operations: means timber harvesting or activates associated with timber harvesting or forest development unless exempted under Alaska Stat. See Alaska Statutes 41.17.950
  • operator: means a person who is engaged in timber harvesting or activities associated with timber harvesting or forest development, or who contracts with others to conduct operations for that person, except a person who is engaged in an operation as an employee with wages or piecework as the sole compensation. See Alaska Statutes 41.17.950
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • timber owner: means a person who owns timber on forest land or who has the rights to timber, but does not own the land itself. See Alaska Statutes 41.17.950
(1) the character and degree of injury to forest resources and values;
(2) the degree of intent or negligence of the respondent in causing or permitting the violation;
(3) the character and number of past violations caused or permitted by the respondent; and
(4) if the information is available, the net economic savings realized by the respondent through the violation.
(b) An operator, forest landowner, or timber owner that, with criminal negligence, violates or permits a violation of this chapter, a regulation adopted under this chapter, a directive issued under Alaska Stat. § 41.17.136, or a stop work order issued under Alaska Stat. § 41.17.138 is guilty of a class A misdemeanor. In this subsection, “criminal negligence” has the meaning given in Alaska Stat. § 11.81.900(a).
(c) Each day that a violation described in this section occurs is a separate violation.
(d) If a respondent violates a directive issued under Alaska Stat. § 41.17.136 or a stop work order issued under Alaska Stat. § 41.17.138, the attorney general, at the request of the commissioner, may seek an injunction requiring the respondent to suspend all or part of the operations until the respondent complies with the directive or stop work order, and requiring the respondent to repair or correct damage resulting from the violation.
(e) If a respondent violates a directive issued under Alaska Stat. § 41.17.136 that requires the respondent to repair or correct damage, the commissioner may proceed to repair or correct the damage using state agency employees or contractors and the respondent is liable for the cost of the repair. The commissioner shall deliver to the respondent an itemized statement of expenses incurred.
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