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CSHB 335(RES)(TITLE AM): "An Act extending the termination date of the Big Game Commercial Services Board; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 335(RES)(title am)                                                                                
01 "An Act extending the termination date of the Big Game Commercial Services                                              
02 Board; eliminating the requirement for a commercial use permit and for payment                                          
03 of commercial use permit fees; amending the membership of the Big Game                                                  
04 Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license;                     
05 eliminating the requirement for testing of assistant guide-outfitters;                                                  
06 providing for additional licensing requirements for transporters; eliminating the                                       
07 requirement for prior approval to enter or remain on state and federal land;                                            
08 eliminating the requirement to register base camps; amending the definition of 'big                                     
09 game commercial services'; and providing for an effective date."                                                        
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
11    * Section 1.  AS 08.03.010(c)(5) is amended to read:                                                                 
12   (5)  Big Game Commercial Services Board (AS 08.54.300) - June 30,                                                   
13 1999 [1994];                                                                                                           
14    * Sec. 2.   AS 08.54.300(b) is amended to read:                                                                      
01  (b)  The board consists of nine members:                                                                              
02   (1)  two members who are licensed guide-outfitters;                                                                  
03   (2)  two members who are licensed transporters, one of whom must be                                                  
04 engaged in the business of providing air transportation services;                                                       
05   (3)  [ONE MEMBER WHO HOLDS A COMMERCIAL USE PERMIT,                                                                  
06 BUT DOES NOT HOLD ANY CLASS OF GUIDE-OUTFITTER LICENSE OR A                                                             
07 TRANSPORTER LICENSE;                                                                                                    
08   (4)]  one member of the Board of Game who is chosen by the Board                                                     
09 of Game [AND WHO DOES NOT HOLD A COMMERCIAL USE PERMIT];                                                                
10   (4) [(5)]  one member who represents Native landholders; and                                                       
11   (5)  three [(6) TWO] public members.                                                                               
12    * Sec. 3.  AS 08.54.310(a) is amended to read:                                                                       
13  (a)  The board shall                                                                                                  
14   (1)  prepare, grade, and administer                                                                                  
15   (A)  a written and oral examination of an applicant for a guide-outfitter license that requires demonstration that  
16 the applicant is qualified                                                                                              
17 generally to provide guide-outfitted hunts and, in particular, to guide-outfit in                                       
18 each game management unit the applicant has selected; if an applicant                                                   
19 demonstrates limited ability to read or write the English language, the entire                                          
20 examination shall be administered orally; and                                                                           
21   (B)  an oral examination of a guide-outfitter who seeks an                                                          
22 amendment of a game management unit certification; the examination must                                                 
23 require demonstration that the guide-outfitter is qualified to provide guide-outfitted hunts in each new game           
24 management unit for which the guide-outfitter                                                                           
25 seeks to be certified;                                                                                                  
26   (2)  determine qualifications of applicants for class-A assistant guide-outfitter and [,] marine mammal guide-     
27 outfitter [, AND ASSISTANT GUIDE-OUTFITTER] licenses and authorize the issuance of licenses to those who                
28 qualify;                                                                                                                
29   (3)  establish performance standards for providers of big game                                                       
30 commercial services and regulate the activities of these providers;                                                     
31   (4)  compile, maintain, and publish an annual register of big game                                                   
01 commercial service providers subject to this chapter who have not been convicted of                                     
02 a violation of a state or federal statute or regulation relating to the provision of big                                
03 game commercial services; a big game commercial services provider listed in the                                         
04 register whose license [OR PERMIT] is revoked or suspended shall be removed from                                        
05 the register while the provider's license [OR PERMIT] is revoked or suspended;                                          
06   (5)  prohibit guide-outfitting and [,] transporting [, AND OTHER BIG                                               
07 GAME COMMERCIAL SERVICES] activities that are unsportsmanlike, unethical,                                               
08 unsafe, against principles of game conservation, degrading to a profession subject to                                   
09 this chapter, or that adversely affect natural resources;                                                               
10   (6)  after a hearing, revoke, suspend, or deny renewal of a license [OR                                              
11 PERMIT] under AS 08.54.500 - 08.54.510;                                                                                 
12   (7)  authorize issuance of transporter licenses;                                                                     
13   (8)  [AUTHORIZE ISSUANCE OF COMMERCIAL USE PERMITS;                                                                  
14   (9)]  meet at least twice annually, once in Anchorage and once in                                                    
15 another municipality;                                                                                                   
16   (9) [(10)  PROVIDE FOR REGISTRATION OF BASE CAMPS AND                                                              
17 FACILITIES USED BY PERSONS WHO ARE LICENSED OR WHO HOLD A                                                               
18 PERMIT UNDER THIS CHAPTER;                                                                                              
19   (11)]  require an applicant for issuance or renewal of any class of guide-outfitter license to state in a written an 
20 signed document whether the applicant's right                                                                           
21 to obtain, or exercise the privileges granted by, a sport fishing, hunting, trapping, or                                
22 guide-outfitting license is revoked or suspended in another state.                                                      
23    * Sec. 4.  AS 08.54.350(a) is amended to read:                                                                       
24  (a)  A natural person is entitled to a guide-outfitter license if the person                                          
25   (1)  is 21 years of age or older;                                                                                    
26   (2)  has practical field experience in the handling of firearms, hunting,                                            
27 judging trophies, field preparation of meat and trophies, first aid, photography, and                                   
28 related guide-outfitting activities;                                                                                    
29   (3)  is familiar with the terrain and transportation problems in the game                                            
30 management unit for which the license is requested;                                                                     
31   (4)  has passed the qualification examinations prepared and administered                                             
01 by the board;                                                                                                           
02   (5)  has demonstrated to the board sufficient standards of competence                                                
03 and ethical conduct and has not been convicted of a state or federal hunting or guide-outfitting statute or regulation  
04 within the last five years for which the person was fined                                                               
05 more than $500 or imprisoned for more than five days;                                                                   
06   (6)  has legally hunted in the state for part of each of any five years in                                           
07 a manner directly contributing to the person's experience and competency as a guide-outfitter;                          
08   (7)  has been licensed as and performed the services of a class-A                                                    
09 assistant guide-outfitter or assistant guide-outfitter in the state for a part of each of                               
10 three years, or has guide-outfitted in the state for a part of each of three years under                                
11 a marine mammal guide-outfitter license issued under AS 08.54.360;                                                      
12   (8)  has demonstrated a current knowledge of fishing, hunting, and                                                   
13 guide-outfitting regulations;                                                                                           
14   (9)  is capable of performing the essential duties associated with guide-outfitting;                                 
15   (10)  has been favorably recommended in writing by eight big game                                                    
16 hunters, at least two for each year of the person's most recent three years as a class-A                                
17 assistant guide-outfitter or assistant guide-outfitter, when the person has guide-outfitted                             
18 or assisted in guide-outfitting as a class-A assistant guide-outfitter or assistant guide-outfitter, whose recommendati 
19 have been solicited by the board from a list provided                                                                   
20 by the applicant;                                                                                                       
21   (11)  possesses a business license to provide guide-outfitting services;                                             
22 and                                                                                                                     
23   (12)  has paid the license fee [AND COMMERCIAL USE PERMIT                                                            
24 FEE].                                                                                                                   
25    * Sec. 5.  AS 08.54.360(a) is amended to read:                                                                       
26  (a)  The board may issue a marine mammal guide-outfitter license to a natural                                         
27 person who applies to guide-outfit a hunt for a specific species of marine mammal in                                    
28 a specifically designated area if the person                                                                            
29   (1)  is 21 years of age or older;                                                                                    
30   (2)  has, for at least 10 years, resided and hunted in the area of the state                                         
31 in which the applicant is to guide-outfit;                                                                              
01   (3)  is able to perform the duties of a marine mammal guide-outfitter;                                               
02   (4)  has demonstrated knowledge of the following areas to an extent and                                              
03 degree satisfactory to the board:                                                                                       
04   (A)  current fish and game laws and regulations;                                                                    
05   (B)  relevant characteristics of the specific species to be hunted;                                                 
06   (C)  field preparation of trophies;                                                                                 
07   (D)  care of game meat;                                                                                             
08   (E)  use of guide-outfitting gear;                                                                                  
09   (F)  firearm safety;                                                                                                
10   (G)  practical first aid; and                                                                                       
11   (H)  booking and contracting hunts;                                                                                 
12   (5)  has not been convicted of violating a state or federal game or guide-outfitting statute or regulation during th 
13 previous five years for which the person was                                                                            
14 fined more than $500 or imprisoned for more than five days;                                                             
15   (6)  possesses a business license to provide guide-outfitting services; and                                          
16   (7)  has paid the license fee [AND COMMERCIAL USE PERMIT                                                             
17 FEE].                                                                                                                   
18    * Sec. 6.  AS 08.54.370(a) is amended to read:                                                                       
19  (a)  An applicant for renewal of a guide-outfitter license or a marine mammal                                         
20 guide-outfitter license shall submit with the application for renewal                                                   
21   (1)  the hunt record required under AS 08.54.550 for the period covered                                              
22 by the current license; and                                                                                           
23   (2)  the license fee for the next licensing period [; AND                                                            
24   (3)  THE COMMERCIAL USE PERMIT FEE FOR THE NEXT                                                                      
25 LICENSING PERIOD].                                                                                                      
26    * Sec. 7.  AS 08.54.390(a) is amended to read:                                                                       
27  (a)  The department shall issue [A NATURAL PERSON IS ENTITLED TO]                                                   
28 an assistant guide-outfitter license to a natural [IF THE] person who                                               
29   (1)  is 18 years of age or older;                                                                                    
30   (2)  provides a copy of a written recommendation from a guide-outfitter or master guide-outfitter                  
31 [PASSES AN EXAMINATION ADMINISTERED                                                                                     
01 BY THE BOARD];                                                                                                          
02   (3)  has hunted in the state in two of the last five years;                                                          
03   (4) has demonstrated practical knowledge of first aid and                                                            
04 cardiopulmonary resuscitation; and                                                                                     
05   (5)  is in sound physical condition; and                                                                            
06   (6)  has not been convicted of a violation of a state or federal                                                    
07 hunting or guide-outfitting statute or regulation within the last five years for                                        
08 which the person was fined more than $500 or imprisoned for more than five                                              
09 days [MEETS ADDITIONAL QUALIFICATIONS THAT THE BOARD MAY                                                               
10 ESTABLISH].                                                                                                             
11    * Sec. 8.  AS 08.54.400(a) is amended to read:                                                                       
12  (a)  A person is entitled to a transporter license if the person                                                      
13   (1)  applies on a form provided by the department;                                                                   
14   (2) pays the license fee;                                                                                            
15   (3)  has not been convicted of a violation of a state or federal                                                    
16 hunting or guide-outfitting statute or regulation within the last five years for                                        
17 which the person was fined more than $500 or imprisoned for more than five                                              
18 days [PAYS THE COMMERCIAL USE PERMIT FEE];                                                                             
19   (4)  provides proof of                                                                                               
20   (A)  an air taxi/commercial operator certificate issued by the                                                      
21 Federal Aviation Administration under 14 C.F.R. Part 135, if the person                                                 
22 provides air transportation services to big game hunters;                                                               
23   (B)  licensure by the Coast Guard to carry passengers for hire,                                                     
24 if the person provides water transportation services to big game hunters and if                                         
25 licensure is required by the Coast Guard; and                                                                           
26   (5)  has a business license to transport big game hunters.                                                           
27    * Sec. 9.  AS 08.54.400(b) is amended to read:                                                                       
28  (b)  A transporter may provide transportation services for compensation to big                                        
29 game hunters and accommodations in the field at a permanent lodge, house, or cabin                                      
30 owned by the transporter or on a boat with permanent living quarters located on salt                                    
31 water.  [A TRANSPORTER MAY ALSO PROVIDE, UNDER AUTHORITY OF A                                                           
01 COMMERCIAL USE PERMIT, OTHER BIG GAME COMMERCIAL SERVICES                                                               
02 AS DEFINED UNDER AS 08.54.460.]  A transporter may not provide big game                                                 
03 commercial hunting services without holding the appropriate license.                                                    
04    * Sec. 10.  AS 08.54.505 is amended to read:                                                                         
05  Sec. 08.54.505.  DISCIPLINE OF TRANSPORTERS [AND COMMERCIAL                                                           
06 USE PERMITTEES].  (a)  The board may hold a hearing to determine whether                                                
07 disciplinary action is necessary if a written complaint concerning the big game                                         
08 commercial service activities of a transporter who is licensed under AS 08.54.400 [OR                                   
09 A COMMERCIAL USE PERMITTEE WHO HOLDS A PERMIT ISSUED UNDER                                                              
10 AS 08.54.460] is filed with the board.  The board shall hold a hearing to determine                                     
11 whether a licensee [OR PERMITTEE] should be disciplined within a reasonable time                                        
12 after                                                                                                                   
13   (1)  written complaints concerning a licensee's [OR PERMITTEE'S]                                                     
14 activities are filed with the board within a two-year period by three or more of the                                    
15 licensee's [OR PERMITTEE'S] clients from separate hunting parties; or                                                   
16   (2)  a licensee [OR PERMITTEE] has been convicted of a violation of                                                  
17 a federal or state statute or regulation relating to hunting or provision of big game                                   
18 commercial services.                                                                                                    
19  (b)  After a hearing, the board may revoke, suspend, or deny renewal of a                                             
20 transporter license [OR COMMERCIAL USE PERMIT] issued under this chapter, if                                            
21 the board finds that the licensee [OR PERMITTEE]                                                                        
22   (1)  engaged in unethical activity, unsafe activity, or activity that                                                
23 adversely affects the natural resources of the state when the activity is related to the                                
24 purposes of providing big game commercial services, however the board may not                                           
25 discipline a licensee [OR PERMITTEE] under this paragraph for unsafe operation of                                       
26 an aircraft; or                                                                                                         
27   (2)  violated a provision of a federal or state statute or regulation                                                
28 relating to hunting or provision of big game commercial services.                                                       
29  (c)  The board may not revoke, suspend, or deny renewal of a transporter                                              
30 license [OR COMMERCIAL USE PERMIT] for a violation of a federal or state statute                                        
31 or regulation relating to game or provision of big game commercial services committed                                   
01 by an employee of the licensee [OR PERMITTEE] unless the licensee [OR                                                   
02 PERMITTEE] participated or aided in the violation.                                                                      
03  (d)  After a hearing, the board shall revoke a license [OR PERMIT] if the                                             
04 board finds that the licensee [OR PERMITTEE]                                                                            
05   (1)  does not meet the qualifications specified by statute or regulation                                             
06 for the license held; or                                                                                                
07   (2)  during the five years immediately preceding the hearing has been                                                
08 convicted of a violation of a federal or state statute or regulation prohibiting                                        
09   (A)  waste of a wild food animal;                                                                                   
10   (B)  hunting on the same day airborne;                                                                              
11   (C)  hunting during a closed hunting season; or                                                                     
12   (D)  hunting in an area closed by state or federal regulation.                                                      
13  (e)  If a certified copy of a judgment of conviction of a licensee [OR                                                
14 PERMITTEE] for an offense described under (d)(2) of this section is filed with the                                      
15 board, the board shall immediately suspend the licensee's [OR PERMITTEE'S] license                                      
16 [OR PERMIT].  The suspension may be ordered even if the conviction resulted from                                        
17 a pleas of nolo contendere or if the conviction is under appeal.  The suspension                                        
18 remains in effect until after the final disposition of the disciplinary proceeding under                                
19 this section.                                                                                                           
20    * Sec. 11.  AS 08.54.510(a) is amended to read:                                                                      
21  (a)  A person who is disciplined under AS 08.54.500 or 08.54.505 may not                                              
22 engage in the provision of big game commercial services during the period of license                                    
23 [OR PERMIT] revocation or other disciplinary action.  A person who is licensed under                                    
24 this chapter [, OR WHO HOLDS A PERMIT ISSUED UNDER THIS CHAPTER,]                                                       
25 may not hire a person whose license [OR PERMIT] to provide big game commercial                                          
26 services is suspended or revoked under AS 08.54.500 or 08.54.505.  A person whose                                       
27 license [OR PERMIT] is suspended or revoked may not be employed by a person who                                         
28 is licensed [OR WHO HOLDS A PERMIT] under this chapter.                                                                 
29    * Sec. 12.  AS 08.54.510(b) is amended to read:                                                                      
30  (b)  If the board revokes a license [OR PERMIT] under AS 08.54.500 or                                                 
31 08.54.505, the person whose license [OR PERMIT] has been revoked shall surrender                                        
01 immediately the license [OR PERMIT] to the department.                                                                  
02    * Sec. 13.  AS 08.54.510(c) is amended to read:                                                                      
03  (c)  A certified copy of a judgment of conviction of a licensee [OR                                                   
04 PERMITTEE] for an offense is conclusive evidence of the commission of that offense                                      
05 in a disciplinary proceeding instituted against the licensee [OR PERMITTEE] under                                       
06 AS 08.54.500 or 08.54.505 based on that conviction, regardless of whether the                                           
07 conviction resulted from a plea of nolo contendere or the conviction is under appeal,                                   
08 unless the conviction is overturned on appeal.                                                                          
09    * Sec. 14.  AS 08.54.520(a) is amended to read:                                                                      
10  (a)  It is unlawful for a                                                                                             
11   (1)  person who is licensed [OR WHO HOLDS A COMMERCIAL USE                                                           
12 PERMIT] under this chapter to knowingly fail to timely report to the Department of                                      
13 Public Safety, division of fish and wildlife protection, and in no event later than 30                                  
14 days, a violation of a state fish, game, or big game commercial services statute or                                     
15 regulation that the person reasonably believes was committed by a client or an                                          
16 employee of the person;                                                                                                 
17   (2)  person who is licensed [OR WHO HOLDS A COMMERCIAL USE                                                           
18 PERMIT] under this chapter to knowingly                                                                                 
19   (A)  commit or aid the commission of a violation of this chapter,                                                   
20 a regulation adopted under this chapter, or a state fish or game statute or                                             
21 regulation; or                                                                                                          
22   (B)  permit the commission of a violation of this chapter, a                                                        
23 regulation adopted under this chapter, or a state fish or game statute or                                               
24 regulation that the person knows or reasonably believes is being or will be                                             
25 committed without                                                                                                       
26   (i)  attempting to prevent it, short of using force; and                                                           
27   (ii)  reporting it;                                                                                                
28   (3)  [PERSON WITHOUT A CURRENT COMMERCIAL USE                                                                        
29 PERMIT ISSUED UNDER THIS CHAPTER TO KNOWINGLY PROVIDE BIG                                                               
30 GAME COMMERCIAL SERVICES;                                                                                               
31   (4)]  person who is licensed [OR WHO HOLDS A COMMERCIAL                                                              
01 USE PERMIT ISSUED] under this chapter to intentionally obstruct or hinder or                                            
02 attempt to obstruct or hinder lawful hunting engaged in by a person who is not a client                                 
03 of the person;                                                                                                          
04   (4) [(5)]  class-A assistant guide-outfitter or an assistant guide-outfitter                                       
05 to knowingly guide-outfit a hunt except while employed and supervised by a guide-outfitter;                             
06   (5) [(6)]  person who holds any class of guide-outfitter license to                                                
07 knowingly enter or remain on [STATE, FEDERAL, OR] private land without prior                                            
08 authorization during the course of providing guide-outfitting services;                                                 
09   (6) [(7)]  person to knowingly guide-outfit without having a current                                               
10 guide-outfitter, marine mammal guide-outfitter, class-A assistant guide-outfitter, or                                   
11 assistant guide-outfitter license and hunting license in actual possession;                                             
12   (7) [(8)]  person without a current guide-outfitter or marine mammal                                               
13 guide-outfitter license to knowingly advertise as or represent to be a guide-outfitter;                                 
14   (8) [(9)]  person to knowingly provide transportation services to big                                              
15 game hunters without holding a transporter license;                                                                     
16   (9) [(10)]  class-A assistant guide-outfitter or an assistant guide-outfitter                                      
17 to knowingly contract for a hunt; or                                                                                    
18   (10) [(11)]  person to knowingly engage in a big game commercial                                                   
19 services activity during the period for which the person's license to conduct that                                      
20 activity is suspended or revoked.                                                                                       
21    * Sec. 15.  AS 08.54.590(4) is amended to read:                                                                      
22     (4) "big game commercial service" means a service for which the                                                    
23 provider of the service must obtain a license issued under this chapter                                                
24 [COMMERCIAL USE PERMIT];                                                                                               
25    * Sec. 16.  AS 16.05.407(f) is amended to read:                                                                      
26  (f)  An applicant for a nonresident hunt permit for the taking of an animal                                           
27 specified in (a) of this section shall, if requested by the department, first furnish to the                            
28 department proof of prior authorization to use [STATE, FEDERAL, OR] private land                                        
29 where the permit hunt will occur.  The authorization shall be provided to the applicant                                 
30 by the guide-outfitter with whom the applicant has contracted to guide-outfit the permit                                
31 hunt.                                                                                                                   
01    * Sec. 17.  AS 16.05.408(c) is amended to read:                                                                      
02  (c)  Before obtaining a nonresident hunt permit for the taking of an animal                                           
03 specified in (a) of this section, a nonresident alien shall, if requested by the                                        
04 department, first furnish to the department proof of prior authorization to use [STATE,                                 
05 FEDERAL, OR] private land where the permit hunt will occur.  The authorization                                          
06 shall be provided to the nonresident alien by the guide-outfitter or marine mammal                                      
07 guide-outfitter with whom the nonresident alien has contracted to guide-outfit the                                      
08 permit hunt.                                                                                                            
09    * Sec. 18.  TRANSITION.  Notwithstanding the amendment of AS 08.54.300(b) by sec. 2                                  
10 of this Act, the person who, on the effective date of this Act, serves on the Big Game                                  
11 Commercial Services Board as the member who holds a commercial use permit, but does not                                 
12 hold any class of guide-outfitter license or a transporter license shall continue to serve on the                       
13 board for the term to which the person was appointed.  Upon the expiration of the term of that                          
14 member of the board, the governor shall appoint a public member to serve on the board, in                               
15 accordance with AS 08.54.300(b), as amended by sec. 2 of this Act.                                                      
16    * Sec. 19.  AS 08.54.400(c)(3), 08.54.460, 08.54.470, 08.54.590(1), and 08.54.590(12) are                            
17 repealed.                                                                                                               
18    * Sec. 20.  This Act takes effect immediately under AS 01.10.070(c).