CSHB 175(FIN): "An Act relating to licensing of sport fishing services operators and fishing guides; and providing for an effective date."
00CS FOR HOUSE BILL NO. 175(FIN) 01 "An Act relating to licensing of sport fishing services operators and fishing 02 guides; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.330(a) is amended to read: 05 (a) Except as otherwise permitted in this chapter, without having the 06 appropriate license or tag in actual possession, a person may not engage in 07 (1) sport fishing, including the taking of razor clams; 08 (2) hunting, trapping, or fur dealing; 09 (3) the farming of fish, fur, or game; [OR] 10 (4) taxidermy; or 11 (5) providing fishing guide services to sport or personal use 12 fishermen. 13 * Sec. 2. AS 16.05.340(a) is amended by adding a new paragraph to read: 14 (25) Fishing services licenses
01 (A) Sport fishing services operator license 02 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 03 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .225 04 (B) Fishing guide license 05 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 06 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 07 (C) Sport fishing services operator and fishing guide license 08 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 09 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225. 10 * Sec. 3. AS 16.05.815(d) is amended to read: 11 (d) Except as otherwise provided in this section, the department shall keep 12 confidential (1) personal information contained in fish and wildlife harvest and usage 13 data; [AND] (2) the records of the department that concern (A) telemetry radio 14 frequencies of monitored species; (B) denning sites; (C) nest locations of raptors that 15 require special attention; (D) the specific location of animal capture sites used for 16 wildlife research or management; and (E) the specific location of fish and wildlife 17 species; and (3) information contained in reports received by the department 18 under AS 16.40.370 that identifies the sport fishing services operator or fishing 19 guide who provides the report or that identifies specific locations where fish have 20 been taken. The department may release records and information that are kept 21 confidential under this subsection if the release is necessary to comply with a court 22 order, if the requestor is a state or federal agency, if the requestor is under contract 23 with the state or federal agency to conduct research on a fish or wildlife population, 24 or if the requestor has been authorized by the department to perform specific activities 25 and agrees to use the records and information only for purposes as provided under a 26 contract or agreement with the department. After 25 years, the records and 27 information that are kept confidential under this subsection become public records 28 subject to inspection and copying under AS 09.25.110 - 09.25.140 unless the 29 department determines that the release of the records or information may be 30 detrimental to the fish or wildlife population. In this subsection, "personal 31 information" has the meaning given in AS 44.99.350.
01 * Sec. 4. AS 16.40 is amended by adding new sections to read: 02 ARTICLE 4. SPORT AND PERSONAL USE FISHING SERVICES. 03 Sec. 16.40.350. SPORT FISHING SERVICES OPERATOR LICENSE. (a) 04 The department shall issue an annual sport fishing services operator license to a person 05 who 06 (1) holds a current business license under AS 43.70 to provide services 07 to sport and personal use fishermen; 08 (2) presents proof satisfactory to the department of a general liability 09 insurance policy or marine protection and indemnity liability insurance policy, covering 10 the services provided by the person and the person's employees to sport and personal 11 use fishermen, that provides an annual minimum coverage of $300,000; and 12 (3) pays the license fee prescribed by AS 16.05.340(a). 13 (b) A person may not provide sport fishing services unless the person holds 14 a current sport fishing services operator license and has a general liability insurance 15 policy or marine protection and indemnity liability insurance policy, covering the 16 services provided by the person and the person's employees to sport and personal use 17 fishermen, that provides an annual minimum coverage of $300,000. 18 (c) A person who holds a sport fishing services operator license may contract 19 to provide fishing guide services to a sport or personal use fisherman through an 20 employee who holds a fishing guide license. 21 (d) A person who holds a sport fishing services operator license may not 22 directly provide fishing guide services to a sport or personal use fisherman unless the 23 person also holds a fishing guide license. 24 (e) A person who holds a sport fishing services operator license and who 25 intentionally or knowingly aids or abets in a violation of AS 16.40.350 - 16.40.390 or 26 a regulation adopted under AS 16.40.350 - 16.40.390 by a fishing guide who is 27 employed by the person is equally responsible for the violation. 28 Sec. 16.40.360. FISHING GUIDES. (a) A natural person may obtain an 29 annual fishing guide license if the person 30 (1) is a citizen of the United States or a resident alien; 31 (2) is certified in first aid and cardiopulmonary resuscitation by the
01 American Red Cross, American Heart Association, or an equivalent organization; 02 (3) holds a license to carry passengers for hire issued by the United 03 States Coast Guard, if the person operates a vessel in the provision of fishing guide 04 services and the license is required by the United States Coast Guard for the area in 05 which the fishing guide provides fishing guide services; 06 (4) holds a current sport fishing license; and 07 (5) pays the fee prescribed by AS 16.05.340(a). 08 (b) A natural person may obtain an annual combined sport fishing services 09 operator and fishing guide license if the person satisfies the requirements for a sport 10 fishing services operator license under AS 16.40.350 and for a fishing guide license 11 under this section and pays the fee prescribed by AS 16.05.340(a). 12 (c) A person may not provide fishing guide services unless the person 13 (1) has first obtained a sport fishing guide license under this section; 14 and 15 (2) is an employee of a licensed sport fishing services operator or holds 16 a sport fishing services operator license. 17 (d) A fishing guide may provide fishing guide services only to persons who 18 have engaged the services of the sport fishing services operator by whom the fishing 19 guide is employed. A fishing guide may not contract directly with a person to provide 20 fishing guide services to that person unless the fishing guide also holds a sport fishing 21 services operator license. 22 (e) While engaged in providing fishing guide services, a fishing guide shall 23 physically possess 24 (1) a fishing guide license; 25 (2) the current licenses, tags, and permits that are required to engage 26 in the sport or personal use fishery for which the fishing guide services are being 27 provided; 28 (3) a driver's license or similar identification card that was issued by 29 a state or federal agency and that bears a photograph of the fishing guide; 30 (4) proof of employment as a fishing guide by a person licensed as a 31 sport fishing services operator or proof of licensure as a sport fishing services
01 operator; 02 (5) proof of current certification in first aid and cardiopulmonary 03 resuscitation; and 04 (6) proof of licensure by the United States Coast Guard to carry 05 passengers for hire, if the fishing guide is operating a vessel in the provision of fishing 06 guide services and the license is required by the United States Coast Guard for the area 07 in which the fishing guide provides fishing guide services. 08 (f) A fishing guide may not aid the commission of a violation of AS 16.05 - 09 AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a sport or personal 10 use fisherman who is a client of the fishing guide. 11 Sec. 16.40.370. REPORTS. (a) The department shall collect in-season 12 information from sport fishing services operators on the number of king salmon, 13 sockeye salmon, coho salmon, chum salmon, and halibut taken by clients and fishing 14 guides during the provision of fishing guide services. The department may collect 15 information from sport fishing services operators on the number of pink salmon taken 16 by clients and fishing guides during the provision of fishing guide services and may 17 collect other information the department considers appropriate. 18 (b) A person who holds a license issued under AS 16.40.350 or 16.40.360 19 shall comply with reporting requirements adopted by regulation by the department. 20 (c) Except as provided under AS 16.05.815, information received by the 21 department under this section is public information. 22 (d) A person who is required to complete reports under this section may not 23 provide false, misleading, or substantially incomplete information. 24 (e) A person who is required to complete reports under this section may not 25 receive a new license under AS 16.40.350 or 16.40.360 unless all reports required 26 under this section for the preceding year have been received by the department. 27 Sec. 16.40.380. PENALTY. (a) Except as provided in (b) of this section, a 28 person who intentionally or knowingly violates AS 16.40.350 - 16.40.390 or a 29 regulation adopted under AS 16.40.350 - 16.40.390 is guilty of a class A misdemeanor. 30 (b) A person who intentionally or knowingly violates AS 16.40.360(e) is 31 (1) guilty of a violation and upon conviction is punishable by a fine of
01 not more than $500; or 02 (2) for a second or subsequent offense in a three-year period, guilty of 03 a class B misdemeanor. 04 (c) In addition to the penalties imposed upon a person who is guilty of a class 05 B misdemeanor under (b) of this section, a court may revoke the person's fishing 06 guide license. 07 Sec. 16.40.390. DEFINITIONS. In AS 16.40.350 - 16.40.390, 08 (1) "field" means an area that is 09 (A) outside of established developments usually associated with 10 a city or town; and 11 (B) not reasonably accessible by foot from the state highway 12 system; 13 (2) "fishing club" means an organization that offers use of real or 14 personal property or services to persons who pay a membership fee for the privilege 15 of using the real or personal property or services for sport or personal use fishing; 16 (3) "fishing guide" means a natural person who holds a fishing guide 17 license issued under AS 16.40.360; 18 (4) "fishing guide services" means to assist, for compensation or with 19 the intent to receive compensation, a sport or personal use fisherman in the field to 20 take or to attempt to take fish by accompanying or personally directing the fisherman 21 in sport or personal use fishing activities; "fishing guide services" do not include 22 (A) an activity for which a sport fishing services operator 23 license is required; or 24 (B) services provided by assistants, deck hands, and similar 25 persons who work directly under the supervision of and on the same vessel as 26 a fishing guide; 27 (5) "highway" has the meaning given in AS 19.45.001; 28 (6) "outfitting" means the provision of equipment or services to sport 29 or personal use fishermen in the field; "outfitting" does not include 30 (A) renting of vessels without a vessel operator; or 31 (B) the sale of fishing tackle, bait, or fuel;
01 (7) "sport fishing services" means the provision to sport or personal use 02 fishermen, for compensation or with the intent to receive compensation, of fishing 03 guide services through a person who is licensed as a fishing guide under AS 16.40.360, 04 of outfitting services, or of fishing club services; "sport fishing services" does not 05 include 06 (A) an activity for which a fishing guide license is required; or 07 (B) booking and other ancillary services provided by a tour 08 broker or agent to a fishing services operator. 09 * Sec. 5. This Act takes effect January 1, 1997.