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SCS CSHB 335(FIN): "An Act relating to big game guides and transporters; and providing for an effective date."

00SENATE CS FOR CS FOR HOUSE BILL NO. 335(FIN) 01 "An Act relating to big game guides and transporters; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 05 (37) regulation of big game guides and transporters under AS 08.54. 06 * Sec. 2. AS 08.01.050(a) is amended to read: 07 (a) The department shall perform the following administrative and budgetary 08 services when appropriate: 09 (1) collect and record fees; 10 (2) maintain records and files; 11 (3) issue and receive application forms; 12 (4) notify applicants of acceptance or rejection as determined by the 13 board or as determined by the department under AS 08.06 for acupuncturists, under 14 AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical

01 and mechanical administrators, under AS 08.45 for naturopaths, under AS 08.54 for big 02 game guides and transporters, under AS 08.55 for hearing aid dealers, or under 03 AS 08.70 for nursing home administrators; 04 (5) designate dates examinations are to be held and notify applicants; 05 (6) publish notice of examinations and proceedings; 06 (7) arrange space for holding examinations and proceedings; 07 (8) notify applicants of results of examinations; 08 (9) issue licenses or temporary licenses as authorized by the board or as 09 authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 for 10 audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and 11 mechanical administrators, under AS 08.45 for naturopaths, under AS 08.54 for big 12 game guides and transporters, under AS 08.55 for hearing aid dealers, or under 13 AS 08.70 for nursing home administrators; 14 (10) issue duplicate licenses upon submission of a written request by the 15 licensee attesting to loss of or the failure to receive the original and payment by the 16 licensee of a fee established by regulation adopted by the department; 17 (11) notify licensees of renewal dates at least 30 days before the 18 expiration date of their licenses; 19 (12) compile and maintain a current register of licensees; 20 (13) answer routine inquiries; 21 (14) maintain files relating to individual licensees; 22 (15) arrange for printing and advertising; 23 (16) purchase supplies; 24 (17) employ additional help when needed; 25 (18) perform other services that may be requested by the board; 26 (19) provide inspection, enforcement, and investigative services to the 27 boards and for the occupations listed in AS 08.01.010 [,] regarding all licenses issued by 28 or through the department; 29 (20) retain and safeguard the official seal of a board and prepare, sign, 30 and affix a board seal, as appropriate, for licenses approved by a board; 31 (21) issue business licenses under AS 43.70.

01 * Sec. 3. AS 08.54 is amended by adding new sections to read: 02 ARTICLE 5. BIG GAME GUIDES AND TRANSPORTERS. 03 Sec. 08.54.600. DUTIES AND POWERS OF DEPARTMENT. The Department 04 of Commerce and Economic Development shall 05 (1) prepare, grade, and administer 06 (A) a qualification examination for a registered guide license that 07 requires demonstration that the applicant is qualified generally to provide guided 08 and outfitted hunts and, in particular, possesses knowledge of fishing, hunting, 09 and guiding laws and regulations; and 10 (B) a certification examination for each game management unit 11 in which the registered guide intends to provide big game hunting services; the 12 examination must require demonstration that the registered guide is qualified to 13 provide guided and outfitted hunts in the game management unit for which the 14 registered guide seeks to be certified and, in particular, must require 15 demonstration that the registered guide possesses knowledge of the terrain, 16 transportation problems, game, and other characteristics of the game management 17 unit; 18 (2) issue registered guide, master guide, class-A assistant guide, assistant 19 guide, and transporter licenses; 20 (3) compile, maintain, and publish an annual roster of registered guides 21 and master guides licensed under this chapter; a person listed in the roster whose license 22 is revoked or suspended shall be removed from the roster while the person's license is 23 revoked or suspended; 24 (4) impose appropriate disciplinary sanctions on a licensee under 25 AS 08.54.600 - 08.54.790; 26 (5) require an applicant for issuance or renewal of any class of guide 27 license or of a transporter license to state in a written and signed document whether the 28 applicant's right to obtain, or exercise the privileges granted by, a hunting, guiding, 29 outfitting, or transportation services license is revoked or suspended in this state or 30 another state or in Canada; 31 (6) regularly disseminate information regarding examinations and other

01 qualifications for all classes of guide licenses to residents of the rural areas of the state; 02 (7) adopt procedural and substantive regulations required by this chapter; 03 (8) administer examinations for registered guides at least twice a year; 04 an examination may not be given within 90 days after the previous examination; at least 05 once every other year the department shall give the examination at a location other than 06 Anchorage. 07 Sec. 08.54.605. ELIGIBILITY FOR LICENSES. (a) Notwithstanding 08 AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person may not 09 receive or renew a registered guide license, master guide license, class-A assistant 10 guide license, assistant guide license, or transporter license if 11 (1) the person has been convicted of 12 (A) a state hunting, guiding, or transportation services statute 13 or regulation within the last five years for which the person was fined more 14 than $1,000 or imprisoned for more than five days; 15 (B) a felony within the last five years; or 16 (C) a felony offense against the person under AS 11.41 within 17 the last 10 years; or 18 (2) the person's right to obtain, or exercise the privileges granted by, 19 a hunting, guiding, outfitting, or transportation services license is suspended or revoked 20 in this state or another state or in Canada. 21 (b) Notwithstanding (a) of this section, (a)(1)(B) and (a)(1)(C) of this section are 22 not applicable to offenses committed by a person who receives or received any class of 23 guide license or a transporter license under sec. 13 of this Act if the offense was 24 committed before the effective date of this Act. 25 Sec. 08.54.610. REGISTERED GUIDE LICENSE. (a) A natural person is 26 entitled to a registered guide license if the person 27 (1) is 21 years of age or older; 28 (2) has practical field experience in the handling of firearms, hunting, 29 judging trophies, field preparation of meat and trophies, first aid, photography, and 30 related guiding and outfitting activities; 31 (3) has passed the qualification examination prepared and administered

01 by the department under AS 08.54.600; 02 (4) has passed a certification examination prepared and administered by 03 the department under AS 08.54.600 for at least one game management unit; 04 (5) has legally hunted in the state for part of each of any five years in 05 a manner directly contributing to the person's experience and competency as a guide; 06 (6) has been licensed as and performed the services of a class-A assistant 07 guide or assistant guide, or of a class-A assistant guide-outfitter or assistant guide- 08 outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each of three years; 09 (7) is capable of performing the essential duties associated with guiding 10 and outfitting; 11 (8) has been favorably recommended in writing by eight big game 12 hunters whose recommendations have been solicited by the department from a list 13 provided by the applicant, including at least two favorable recommendations for each 14 year of any three years during which the person was a class-A assistant guide or assistant 15 guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under former 16 AS 08.54.300 - 08.54.590; 17 (9) has provided proof of financial responsibility if required by the 18 department under AS 08.54.680; and 19 (10) has applied for a registered guide license on a form provided by the 20 department and paid the license application fee and the registered guide license fee. 21 (b) A master guide license authorizes a registered guide to use the title master 22 guide, but is for all other purposes under this chapter a registered guide license. A 23 natural person is entitled to receive a renewable master guide license if the person 24 (1) is, at the time of application for a master guide license, licensed as 25 a registered guide under this section; 26 (2) has been licensed in this state as a registered guide or a guide- 27 outfitter, under former AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590, or this 28 chapter, for at least 12 of the last 15 years, including the year immediately preceding the year 29 in which the person applies for a master guide license; 30 (3) submits a list to the department of at least 25 clients for whom the 31 person has personally provided guiding or outfitting services and the person receives a

01 favorable evaluation from 10 of the clients selected from the list by the department; and 02 (4) applies for a master guide license on a form provided by the 03 department and pays the application fee, if any. 04 (c) A registered guide may contract to guide or outfit hunts for big game and 05 may provide transportation services, personally or through an assistant, to big game 06 hunters who are clients of the guide. 07 (d) A person who is licensed as a registered guide may be employed by another 08 registered guide to perform the functions of a registered guide or class-A assistant guide 09 in the game management unit for which the person is certified under AS 08.54.600 or 10 of an assistant guide in any game management unit. 11 (e) A registered guide who contracts for a guided hunt shall be 12 (1) physically present in the field with the client at least once during the 13 contracted hunt; and 14 (2) in the field and participating in the contracted hunt, unless the hunt 15 is being conducted by a class-A assistant guide or a registered guide employed by the 16 contracting registered guide. 17 Sec. 08.54.620. CLASS-A ASSISTANT GUIDE LICENSE. (a) A natural 18 person is entitled to a class-A assistant guide license if the person 19 (1) is 21 years of age or older; 20 (2) applies for a class-A assistant guide license on a form provided by 21 the department and pays the license application fee and the license fee; and 22 (3) either 23 (A) has 24 (i) been employed during at least three calendar years as 25 any class of licensed guide in the game management unit for which the 26 license is sought; and 27 (ii) at least 10 years' hunting experience in the state; 28 military service outside of the state for not more than three years shall be 29 accepted as part of the required 10 years' hunting experience; or 30 (B) provides 31 (i) evidence that the person physically resides in the game

01 management unit in which the person is to be employed; 02 (ii) evidence that the person has had at least 15 years' 03 hunting experience in the game management unit in which the person is 04 to be employed; military service outside of the state for not more than 05 three years shall be accepted as part of the required 15 years' hunting 06 experience; and 07 (iii) a written recommendation from a registered guide, 08 state trooper, state fish and wildlife law enforcement officer, or state fish 09 or game biologist who is familiar with the person or who intends to 10 employ the person as a class-A assistant guide. 11 (b) A class-A assistant guide 12 (1) may not contract to guide or outfit a big game hunt; 13 (2) shall be employed by and under the supervision of a registered guide 14 who has contracted with the client for whom the class-A assistant guide is conducting 15 the hunt; 16 (3) may take charge of a camp and conduct guide activities from the 17 camp without the contracting registered guide being in the field and participating in the 18 contracted hunt if the contracting registered guide is supervising the guiding activities; 19 (4) may not perform functions of a class-A assistant guide outside of the 20 game management unit for which the license is issued; and 21 (5) may be employed by a registered guide to perform the functions of 22 an assistant guide in any game management unit. 23 Sec. 08.54.630. ASSISTANT GUIDE LICENSE. (a) A natural person is 24 entitled to an assistant guide license if the person 25 (1) is 18 years of age or older; 26 (2) has legally hunted in the state during two calendar years; 27 (3) possesses a first aid card issued by the Red Cross or a similar 28 organization; 29 (4) obtains a written recommendation from a registered guide, state 30 trooper, state fish and wildlife law enforcement officer, or state fish or game biologist 31 who is familiar with the person or who intends to employ the person as an assistant

01 guide; and 02 (5) applies for an assistant guide license on a form provided by the 03 department and pays the license application fee and the license fee. 04 (b) An assistant guide 05 (1) may not contract to guide or outfit a big game hunt; 06 (2) shall be employed by a registered guide and under the supervision of 07 a registered guide or class-A assistant guide while the assistant guide is in the field on 08 guided hunts; and 09 (3) may not take charge of a camp or conduct guide activities unless the 10 contracting registered guide is in the field and participating in the contracted hunt or a 11 registered guide or class-A assistant guide employed by the contracting guide is 12 physically present and supervising the hunt. 13 Sec. 08.54.640. LAW ENFORCEMENT OFFICERS AND GAME 14 BIOLOGISTS. (a) Notwithstanding AS 08.54.610 - 08.54.630 and except as provided 15 in (b) of this section, a person may not hold, or earn experience credits to apply for, a 16 registered guide license under this chapter, while the person is a law enforcement officer 17 and for three months after terminating the person's status as a law enforcement officer. 18 (b) A registered guide license, class-A assistant guide license, or assistant guide 19 license issued under this chapter, or under former provisions of AS 08.54.300 - 20 08.54.590, after May 16, 1992, is suspended if the person to whom the license is issued 21 subsequently becomes a law enforcement officer. A person whose license is subject to 22 suspension under this subsection shall notify the department that the person has become 23 a law enforcement officer within 30 days after becoming a law enforcement officer. The 24 suspension of a license under this subsection remains in effect until three months have 25 elapsed from the date on which the licensee provides written notification to the 26 department of the fact that the person is no longer a law enforcement officer. A person 27 whose license is suspended under this subsection is not required to renew the license or 28 pay license renewal fees for the period of suspension. Once a suspension of a license 29 is terminated, the licensee may provide, without further payment of a guide license fee, 30 the guide services authorized by the license for the remainder of the licensing period in 31 which the suspension is terminated. Notwithstanding other provisions of this subsection,

01 if a person whose license is suspended under this subsection fails to notify the 02 department within one year after the person is no longer a law enforcement officer, the 03 person's license lapses and the person is eligible for reissuance of the license only as 04 provided in AS 08.54.670. The department may adopt regulations to implement this 05 subsection. 06 (c) A person who holds any class of guide license and who is employed by the 07 Department of Fish and Game or a federal wildlife management agency may not, while 08 employed by the department or agency as a game or wildlife biologist and for 12 months 09 after leaving employment with the department or agency as a game or wildlife biologist, 10 engage in providing big game hunting services in a game management unit in which the 11 person conducted game or wildlife management or research activities for the department 12 or agency at any time during the preceding 12 months. 13 (d) In this section, "law enforcement officer" means a person who is 14 (1) employed by the Department of Public Safety as a state trooper or 15 as a law enforcement officer engaged in fish and wildlife protection; or 16 (2) employed as a fish and wildlife law enforcement officer by the United 17 States Department of the Interior or the United States Department of Agriculture. 18 Sec. 08.54.650. TRANSPORTER LICENSE. (a) A person is entitled to a 19 transporter license if the person 20 (1) applies for a transporter license on a form provided by the 21 department; and 22 (2) pays the license application fee and the license fee. 23 (b) A transporter may provide transportation services and accommodations to big 24 game hunters in the field at a permanent lodge, house, or cabin owned by the transporter 25 or on a boat with permanent living quarters located on salt water. A transporter may not 26 provide big game hunting services without holding the appropriate license. 27 (c) A transporter shall provide an annual activity report on a form provided by 28 the department. An activity report must contain information required by the department 29 by regulation. 30 Sec. 08.54.660. RENEWAL OF GUIDE AND TRANSPORTER LICENSES. 31 (a) An applicant for renewal of a registered guide, class-A assistant guide, assistant

01 guide, or transporter license shall submit 02 (1) a request for renewal of the license on a form provided by the 03 department; and 04 (2) the appropriate license fee for the next licensing period. 05 (b) The department may not renew a registered guide license under this section 06 unless all fees have been paid in full and all hunt records due during the term of the 07 current license have been filed with the department. 08 (c) The department may not renew a transporter license unless all fees have been 09 paid in full and all activity reports due during the term of the current license have been 10 filed with the department. 11 Sec. 08.54.670. FAILURE TO RENEW. The department may not issue a 12 license to a person who held a registered guide, class-A assistant guide, or assistant guide 13 license and who has failed to renew the license under this chapter for four consecutive 14 years unless the person again meets the qualifications for initial issuance of the license. 15 Sec. 08.54.680. FINANCIAL RESPONSIBILITY AND OTHER 16 REQUIREMENTS FOR GUIDES AND TRANSPORTERS. (a) The department may 17 require a registered guide, who contracts to guide or outfit a big game hunt, or a 18 transporter to provide proof of financial responsibility up to the amount of $100,000. 19 A registered guide or transporter may demonstrate financial responsibility by assets, 20 insurance, or a bond in the requisite amount. 21 (b) If a registered guide, class-A assistant guide, or an assistant guide personally 22 pilots an aircraft to transport clients during the provision of big game hunting services, 23 the registered guide, class-A assistant guide, or assistant guide shall have a commercial 24 pilot's rating or a minimum of 500 hours of flying time in the state. 25 ARTICLE 6. ENFORCEMENT. 26 Sec. 08.54.710. DISCIPLINE OF GUIDES AND TRANSPORTERS. (a) The 27 department may impose a disciplinary sanction in a timely manner under (c) of this 28 section if the department finds after a hearing that a licensee 29 (1) is convicted of a violation of a state statute or regulation relating to 30 hunting or to provision of big game hunting services or transportation services; or 31 (2) has failed to file records or reports required under this chapter.

01 (b) The department may impose a disciplinary sanction in a timely manner 02 under (c)(3) - (7) of this section if the department finds after a hearing that a licensee 03 is incompetent as a registered guide, class-A assistant guide, assistant guide, or 04 transporter. 05 (c) The department may impose the following disciplinary sanctions, singly or 06 in combination: 07 (1) permanently revoke a license; 08 (2) suspend a license for a specified period; 09 (3) censure or reprimand a licensee; 10 (4) impose limitations or conditions on the professional practice of a 11 licensee; 12 (5) impose requirements for remedial professional education to correct 13 deficiencies in the education, training, and skill of the licensee; 14 (6) impose probation requiring a licensee to report regularly to the 15 department on matters related to the grounds for probation; 16 (7) impose a civil fine not to exceed $1,000. 17 (d) The department shall permanently revoke a transporter license or any class 18 of guide license if the department finds after a hearing that the license was obtained 19 through fraud, deceit, or innocent misrepresentation. 20 (e) The department shall suspend or permanently revoke a transporter license 21 or any class of guide license without a hearing if the court orders the department to 22 suspend or permanently revoke the license as a penalty for conviction of an unlawful 23 act under AS 08.54.720. If the department suspends or permanently revokes a license 24 under this subsection, the department may not also impose an administrative 25 disciplinary sanction of suspension or permanent revocation of the same license for the 26 same offense for which the court ordered the suspension or permanent revocation 27 under AS 08.54.720. 28 (f) A certified copy of a judgment of conviction of a licensee for an offense is 29 conclusive evidence of the commission of that offense in a disciplinary proceeding 30 instituted against the licensee under this section based on that conviction, regardless of 31 whether the conviction resulted from a plea of nolo contendere or the conviction is under

01 appeal, unless the conviction is overturned on appeal. 02 (g) A person whose license is suspended or revoked under this section may not 03 engage in the provision of big game hunting services or transportation services during 04 the period of license suspension or revocation. 05 (h) If the department revokes a license under this section, the person whose 06 license has been revoked shall immediately surrender the license to the department. 07 (i) The department may summarily suspend a licensee from practice of the 08 profession under this chapter, for a period of not more than 30 days, before a final 09 hearing is held or during an appeal if the department finds that the licensee poses a 10 clear and immediate danger to the public health and safety. A person is entitled to a 11 hearing before the department to appeal the summary suspension within seven days 12 after the order of suspension is issued. A person may appeal an adverse decision of 13 the department on an appeal of summary suspension to a court of competent 14 jurisdiction. 15 Sec. 08.54.720. UNLAWFUL ACTS. (a) It is unlawful for a 16 (1) person who is licensed under this chapter to knowingly fail to 17 promptly report to the Department of Public Safety, division of fish and wildlife 18 protection, and in no event later than 20 days, a violation of a state game, guiding, or 19 transportation services statute or regulation that the person reasonably believes was 20 committed by a client or an employee of the person; 21 (2) person who is licensed under this chapter to intentionally obstruct 22 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 23 is not a client of the person; 24 (3) class-A assistant guide or an assistant guide to knowingly guide a 25 hunt except while employed and supervised by a registered guide; 26 (4) person who holds any class of guide license to knowingly enter or 27 remain on private land without prior authorization during the course of providing big 28 game hunting services; 29 (5) registered guide to knowingly engage in providing big game hunting 30 services outside of 31 (A) a game management unit for which the registered guide is

01 certified; or 02 (B) a use area for which the registered guide is registered under 03 AS 08.54.750 unless the registration requirement for the area has been 04 suspended by the Department of Fish and Game; 05 (6) person to knowingly guide without having a current registered 06 guide, class-A assistant guide, or assistant guide license and hunting license in actual 07 possession; 08 (7) registered guide to knowingly fail to comply with AS 08.54.610(e); 09 (8) person who is licensed under this chapter to knowingly 10 (A) commit or aid in the commission of a violation of this 11 chapter, a regulation adopted under this chapter, or a state game statute or 12 regulation; or 13 (B) permit the commission of a violation of this chapter, a 14 regulation adopted under this chapter, or a state game statute or regulation that 15 the person knows or reasonably believes is being or will be committed without 16 (i) attempting to prevent it, short of using force; and 17 (ii) reporting the violation; 18 (9) person without a current registered guide license to knowingly 19 guide, advertise as a registered guide, or represent to be a registered guide; 20 (10) person without a current master guide license to knowingly 21 advertise as, or represent to be, a master guide; 22 (11) person without a current registered guide license to knowingly 23 outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be 24 an outfitter of big game hunts; 25 (12) person to knowingly provide transportation services to big game 26 hunters without holding a current registered guide license or transporter license; 27 (13) person without a current transporter license to knowingly advertise 28 as, or represent to be, a transporter; 29 (14) class-A assistant guide or an assistant guide to knowingly contract 30 to guide or outfit a hunt; 31 (15) person licensed under this chapter to knowingly violate a state

01 statute or regulation prohibiting waste of a wild food animal or hunting on the same 02 day airborne; or 03 (16) person to knowingly provide big game hunting service or 04 transportation services during the period for which the person's license to provide that 05 service is suspended or revoked. 06 (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a 07 person who commits an offense set out in (a)(1) - (7) of this section is guilty of a 08 misdemeanor and is punishable by a fine of not more than $10,000 or by imprisonment 09 up to one year, or both. 10 (c) In addition to a disciplinary sanction imposed under AS 08.54.710, a 11 person who commits an offense set out in (a)(8) - (14) of this section is guilty of a 12 misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment 13 up to one year, or both. 14 (d) In addition to a disciplinary sanction imposed under AS 08.54.710, a 15 person who commits an offense set out in (a)(15) of this section is guilty, 16 (1) for a first offense, of a misdemeanor and is punishable by a fine of 17 not more than $30,000 or by imprisonment up to one year, or both; 18 (2) for a second or subsequent offense, of a class C felony. 19 (e) In addition to a disciplinary sanction imposed under AS 08.54.710, a person 20 who violates (a)(16) of this section is guilty of a class C felony. 21 (f) In addition to the penalties set out in (b) - (e) of this section and a 22 disciplinary sanction imposed under AS 08.54.710, 23 (1) the court may order the department to suspend the guide license or 24 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 25 (3) - (5), or (7) of this section for a specified period of not more than three years; 26 (2) the court shall order the department to suspend the guide license or 27 transporter license of a person who commits a misdemeanor offense set out in (a)(2) 28 or (8) - (14) of this section for a specified period of not less than one year and not 29 more than five years; 30 (3) the court shall order the department to suspend the guide license or 31 transporter license for a specified period of not less than three years, or to permanently

01 revoke the guide license or transporter license, of a person who commits an offense set 02 out in (a)(15) or (16) of this section; and 03 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other vehicles, 04 camping gear, and other equipment and paraphernalia used in, or in aid of, a violation 05 of (a) of this section may be seized by persons authorized to enforce this chapter and 06 may be forfeited to the state as provided under AS 16.05.195. 07 (g) Upon conviction of a person for committing an offense set out in (a) of this 08 section, the execution of sentence may not be suspended and probation may not be 09 granted except on the condition that the minimum term of imprisonment is served. 10 Imposition of sentence may not be suspended. 11 Sec. 08.54.730. INJUNCTION AGAINST UNLAWFUL ACTION. When in 12 the judgment of the department, a person has engaged in an act in violation of 13 AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the 14 regulations adopted under these statutes, the department may apply to the appropriate 15 court for an order enjoining the action. Upon a showing by the department that the 16 person is engaging in the act, the court shall grant injunctive relief or other appropriate 17 order without bond. 18 Sec. 08.54.740. RESPONSIBILITY OF GUIDE OR TRANSPORTER FOR 19 VIOLATIONS. (a) A registered guide who contracts to guide or outfit a big game hunt 20 is equally responsible under AS 08.54.710 for a violation of a state game, guiding, or 21 transportation services statute or regulation committed by a person while in the course 22 of the person's employment for the registered guide. 23 (b) A transporter who provides transportation services is equally responsible 24 under AS 08.54.710 for a violation of a state game, guiding, or transportation services 25 statute or regulation committed by a person while in the course of the person's 26 employment for the transporter. 27 ARTICLE 7. MISCELLANEOUS PROVISIONS. 28 Sec. 08.54.750. USE AREA REGISTRATION. (a) At least 30 days before 29 conducting big game hunting services within a guide use area, a registered guide shall 30 inform the department, in person or by registered mail on a registration form provided 31 by the department, that the guide will be conducting big game hunting services in the use

01 area. 02 (b) A registered guide may not register for or conduct big game hunting services 03 in 04 (1) more than three guide use areas during a calendar year; or 05 (2) a guide use area that is outside of a game management unit for which 06 the registered guide is certified under AS 08.54.600. 07 (c) Notwithstanding (a) and (b) of this section, a registered guide may register 08 to conduct big game hunting services within a guide use area at any time before 09 beginning operations in the guide use area and may conduct big game hunting services 10 in a guide use area, or for a big game species in a guide use area, that is not one of the 11 three guide use areas for which the registered guide has registered under (b) of this 12 section if the Department of Fish and Game has determined by regulation that it is in the 13 public interest to suspend the registration requirements for that guide use area or for all 14 guide use areas in a game management unit or game management subunit for a big game 15 species within those guide use areas. 16 (d) In this section, "guide use area" means a geographic area of the state 17 identified as a guide-outfitter use area by the former Big Game Commercial Services 18 Board and described on a set of maps titled Guide-Outfitter Use Area Maps, dated 19 June 22, 1994. 20 Sec. 08.54.760. HUNT RECORDS; CONFIDENTIALITY OF HUNT 21 RECORDS AND ACTIVITY REPORTS. (a) The department shall collect and maintain 22 hunt records provided by a registered guide. A registered guide shall submit to the 23 department a hunt record for each contracted hunt within 30 days after the completion 24 of the hunt. A hunt record must include a list of all big game hunters who used the 25 guiding or outfitting services of the registered guide, the number of each big game 26 species taken, and other information required by the department. The department shall 27 provide forms for reporting hunt records. 28 (b) The department shall make hunt records received under this section, and 29 activity reports received under AS 08.54.650, available to state agencies and federal fish 30 and wildlife law enforcement agencies charged with the enforcement of statutes and 31 regulations relating to guiding, outfitting, transportation services, or game or with

01 management of game if requested for game management or law enforcement purposes. 02 Aggregated data compiled from hunt records and activity reports may be included in 03 reports by the department. For all other purposes, the hunt records and activity reports 04 are confidential and are not subject to inspection or copying under AS 09.25.110 - 05 09.25.125. 06 Sec. 08.54.770. LICENSE AND EXAMINATION FEES. (a) The department 07 shall set fees under AS 08.01.065 for each of the following: 08 (1) registered guide license; 09 (2) class-A assistant guide license; 10 (3) assistant guide license; 11 (4) transporter license; 12 (5) license application fee. 13 (b) The license fee for the registered guide, class-A assistant guide, or assistant 14 guide license is in addition to the fee required for a hunting license. 15 (c) An applicant for a qualifying examination for a registered guide license shall 16 pay a fee established by regulations adopted under AS 08.01.065. 17 (d) The fee for the transporter license must be equal to the fee for the registered 18 guide license. 19 (e) For licenses issued under this chapter for 1997 and subsequent years, the 20 amount of the license fee for a nonresident shall be two times the amount of the 21 license fee for a resident. 22 Sec. 08.54.790. DEFINITIONS. In this chapter, 23 (1) "big game" means brown bear, grizzly bear, caribou, moose, black 24 bear, bison, Sitka blacktail deer, elk, mountain goat, musk-ox, and mountain or Dall 25 sheep; "big game" includes wolf and wolverine when taken under hunting regulations; 26 (2) "big game hunting service" means a service for which the provider 27 of the service must obtain a registered guide, class-A assistant guide, or assistant guide 28 license; "big game hunting service" includes guiding services and outfitting services; 29 (3) "compensation" means payment for services including wages or other 30 remuneration but not including reimbursement for actual expenses incurred; 31 (4) "department" means the Department of Commerce and Economic

01 Development; 02 (5) "field" means an area outside of established year-round dwellings, 03 businesses, or other developments usually associated with a city, town, or village; "field" 04 does not include permanent hotels or roadhouses on the state road system or state or 05 federally maintained airports; 06 (6) "game management unit" means one of the 26 geographic areas 07 defined by the Board of Game for game management purposes; 08 (7) "guide" means to provide, for compensation or with the intent or with 09 an agreement to receive compensation, services, equipment, or facilities to a big game 10 hunter in the field by a person who accompanies or is present with the big game hunter 11 in the field either personally or through an assistant; in this paragraph, "services" 12 includes 13 (A) contracting to guide or outfit big game hunts; 14 (B) stalking, pursuing, tracking, killing, or attempting to kill big 15 game; 16 (C) packing, preparing, salvaging, or caring for meat, except that 17 which is required to properly and safely load the meat on the mode of 18 transportation being used by a transporter; 19 (D) field preparation of trophies, including skinning and caping; 20 (E) selling, leasing, or renting goods when the transaction occurs 21 in the field; 22 (F) using guiding or outfitting equipment, including spotting 23 scopes and firearms, for the benefit of a hunter; and 24 (G) providing camping or hunting equipment or supplies which 25 are already located in the field; 26 (8) "outfit" means to provide, for compensation or with the intent to 27 receive compensation, services, supplies, or facilities to a big game hunter in the field, 28 by a person who neither accompanies nor is present with the big game hunter in the field 29 either personally or by an assistant; 30 (9) "transportation services" means the carriage for compensation of big 31 game hunters, their equipment, or big game animals harvested by hunters to, from, or in

01 the field; "transportation services" does not include the carriage by aircraft of big game 02 hunters, their equipment, or big game animals harvested by hunters 03 (A) on nonstop flights between airports listed in the Alaska 04 supplement to the Airmen's Guide published by the Federal Aviation 05 Administration; or 06 (B) by an air taxi operator or air carrier for which the carriage of 07 big game hunters, their equipment, or big game animals harvested by hunters is 08 only an incidental portion of its business; in this subparagraph, "incidental" 09 means transportation provided to a big game hunter by an air taxi operator or air 10 carrier who does not 11 (i) charge more than the usual tariff or charter rate for the 12 carriage of big game hunters, their equipment, or big game animals 13 harvested by hunters; or 14 (ii) advertise transportation services or big game hunting 15 services to the public; in this sub-subparagraph, "advertise" means 16 soliciting big game hunters to be customers of an air taxi operator or air 17 carrier for the purpose of providing air transportation to, from, or in the 18 field through the use of print or electronic media, including advertising 19 at trade shows, or the use of hunt broker services or other promotional 20 services. 21 * Sec. 4. AS 12.55.125(e) is amended to read: 22 (e) A defendant convicted of a class C felony may be sentenced to a definite 23 term of imprisonment of not more than five years, and shall be sentenced to the 24 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 25 12.55.175: 26 (1) if the offense is a second felony conviction, two years; 27 (2) if the offense is a third felony conviction, three years; 28 (3) if the offense is a first felony conviction, and the defendant 29 knowingly directed the conduct constituting the offense at a uniformed or otherwise 30 clearly identified peace officer, fire fighter, correctional officer, emergency medical 31 technician, paramedic, ambulance attendant, or other emergency responder who was

01 engaged in the performance of official duties at the time of the offense, one year; 02 (4) if the offense is a first felony conviction, and the defendant violated 03 AS 08.54.720(a)(15) [AS 08.54.520(a)(7) - (10)], one year. 04 * Sec. 5. AS 16.05.195(a) is amended to read: 05 (a) Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, 06 and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, 07 or regulation adopted under this title or AS 08.54, and all fish and game or parts of fish 08 and game or nests or eggs of birds taken, transported, or possessed contrary to the 09 provisions of this title or AS 08.54, or regulation adopted under this title or AS 08.54 10 [IT], may be forfeited to the state 11 (1) upon conviction of the offender in a criminal proceeding of a 12 violation of this title or AS 08.54 in a court of competent jurisdiction; or 13 (2) upon judgment of a court of competent jurisdiction in a proceeding 14 in rem that an item specified above was used in or in aid of a violation of this title or 15 AS 08.54 or a regulation adopted under this title or AS 08.54 [IT]. 16 * Sec. 6. AS 16.05.407(a) is amended to read: 17 (a) It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly 18 bear, mountain goat, or sheep in this state, unless personally accompanied by 19 (1) a person who is licensed as a registered guide, master guide, class- 20 A assistant guide, or an assistant guide under AS 08.54 [GUIDE-OUTFITTER, 21 CLASS-A ASSISTANT GUIDE-OUTFITTER, OR ASSISTANT GUIDE-OUTFITTER 22 BY THE BIG GAME COMMERCIAL SERVICES BOARD]; or 23 (2) a resident over 19 years of age who is 24 (A) the spouse of the nonresident; or 25 (B) related to the nonresident, within and including the second 26 degree of kindred, by marriage or blood. 27 * Sec. 7. AS 16.05.407(f) is amended to read: 28 (f) An applicant for a nonresident hunt permit for the taking of an animal 29 specified in (a) of this section shall, if requested by the department, first furnish to the 30 department proof of prior authorization to use [STATE,] federal [,] or private land where 31 the permit hunt will occur. The authorization shall be provided to the applicant by the

01 registered guide or master guide [GUIDE-OUTFITTER] with whom the applicant has 02 contracted to guide [GUIDE-OUTFIT] the permit hunt. 03 * Sec. 8. AS 16.05.408(a) is amended to read: 04 (a) It is a class A misdemeanor for a nonresident alien 05 [(1) TO HUNT, PURSUE, OR TAKE MARINE MAMMALS UNLESS 06 PERSONALLY ACCOMPANIED BY A LICENSED MARINE MAMMAL GUIDE- 07 OUTFITTER; OR 08 (2)] to hunt, pursue, or take a big game animal as defined by the Board 09 of Game unless personally accompanied by a registered guide, master guide, class-A 10 assistant guide, or assistant guide [GUIDE-OUTFITTER, A CLASS-A ASSISTANT 11 GUIDE-OUTFITTER, OR AN ASSISTANT GUIDE-OUTFITTER] licensed under 12 AS 08.54. 13 * Sec. 9. AS 16.05.408(c) is amended to read: 14 (c) Before obtaining a nonresident hunt permit for the taking of an animal 15 specified in (a) of this section, a nonresident alien shall, if requested by the department, 16 first furnish to the department proof of prior authorization to use [STATE,] federal [,] 17 or private land where the permit hunt will occur. The authorization shall be provided 18 to the nonresident alien by the registered guide or master guide [GUIDE-OUTFITTER 19 OR MARINE MAMMAL GUIDE-OUTFITTER] with whom the nonresident alien has 20 contracted to guide [GUIDE-OUTFIT] the permit hunt. 21 * Sec. 10. AS 23.10.055 is amended by adding a new paragraph to read: 22 (14) a person who holds a license under AS 08.54 and who is employed 23 by a registered guide or master guide licensed under AS 08.54, for the first 60 work days 24 in which the person is employed by the registered guide or master guide during a 25 calendar year. 26 * Sec. 11. AS 41.23.420(d) is amended to read: 27 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 28 (1) the Department of Fish and Game, the Board of Fisheries, the Board 29 of Game, or the Department of Commerce and Economic Development [BIG GAME 30 COMMERCIAL SERVICES BOARD] under AS 08.54, AS 16, or AS 41.99.010; 31 (2) the Department of Environmental Conservation under AS 46.03; or

01 (3) state agencies and municipalities under AS 44.19.145(a)(11) and 02 AS 46.40.100. 03 * Sec. 12. AS 44.62.330(a)(35) is amended to read: 04 (35) Department of Commerce and Economic Development under 05 AS 08.54 as to licensing and related functions for big game guides and transporters 06 [BIG GAME COMMERCIAL SERVICES BOARD]; 07 * Sec. 13. TRANSITION; LICENSES, FEES, REGULATIONS. (a) Notwithstanding 08 AS 08.54.610, added by sec. 3 of this Act, a person who held a guide-outfitter license in good 09 standing under the provisions of AS 08.54.300 - 08.54.590 on June 30, 1995, and who did not 10 renew the license between June 30, 1995, and the effective date of this section shall receive a 11 registered guide license valid until December 31, 1996, upon payment of a license fee of $65. 12 A license issued under this subsection is for all purposes a registered guide license issued under 13 AS 08.54.610. 14 (b) Notwithstanding AS 08.54.610, added by sec. 3 of this Act, a person who, in 15 reliance upon the apparent authority of the Department of Commerce and Economic 16 Development, obtained a guide-outfitter license from the Department of Commerce and 17 Economic Development after June 30, 1995, and before the effective date of this section shall 18 receive a registered guide license valid until December 31, 1996, without payment of a license 19 fee. A license issued under this subsection is for all purposes a registered guide license issued 20 under AS 08.54.610. 21 (c) Notwithstanding AS 08.54.610, added by sec. 3 of this Act, a person who held a 22 master guide-outfitter license in good standing under the provisions of AS 08.54.300 - 08.54.590 23 on June 30, 1995, and who did not renew the license between June 30, 1995, and the effective 24 date of this section, shall receive a master guide license valid until December 31, 1996, upon 25 payment of a license fee of $65. A license issued under this subsection is for all purposes a 26 master guide license issued under AS 08.54.610. 27 (d) Notwithstanding AS 08.54.610, added by sec. 3 of this Act, a person who, in 28 reliance upon the apparent authority of the Department of Commerce and Economic 29 Development, obtained a master guide-outfitter license from the Department of Commerce and 30 Economic Development after June 30, 1995, and before the effective date of this section shall 31 receive a master guide license valid until December 31, 1996, without payment of a license fee.

01 A license issued under this subsection is for all purposes a master guide license issued under 02 AS 08.54.610. 03 (e) Notwithstanding AS 08.54.620, added by sec. 3 of this Act, a person who held a 04 class-A assistant guide-outfitter license in good standing under the provisions of AS 08.54.300 - 05 08.54.590 on June 30, 1995, shall receive a class-A assistant guide license valid until 06 December 31, 1996, without payment of a license fee. A license issued under this subsection 07 is for all purposes a class-A assistant guide license issued under AS 08.54.620. 08 (f) Notwithstanding AS 08.54.620, added by sec. 3 of this Act, a person who, in reliance 09 upon the apparent authority of the Department of Commerce and Economic Development, 10 obtained a class-A assistant guide-outfitter license from the Department of Commerce and 11 Economic Development after June 30, 1995, and before the effective date of this section shall 12 receive a class-A assistant guide license valid until December 31, 1996, without payment of a 13 license fee. A license issued under this subsection is for all purposes a class-A assistant guide 14 license issued under AS 08.54.620. 15 (g) Notwithstanding AS 08.54.630, added by sec. 3 of this Act, a person who held an 16 assistant guide-outfitter license in good standing under the provisions of AS 08.54.300 - 17 08.54.590 on June 30, 1995, shall receive an assistant guide license valid until December 31, 18 1996, without payment of a license fee. A license issued under this subsection is for all 19 purposes an assistant guide license issued under AS 08.54.630. 20 (h) Notwithstanding AS 08.54.630, added by sec. 3 of this Act, a person who, in 21 reliance upon the apparent authority of the Department of Commerce and Economic 22 Development, obtained an assistant guide-outfitter license from the Department of Commerce 23 and Economic Development after June 30, 1995, and before the effective date of this section 24 shall receive an assistant guide license valid until December 31, 1996, without payment of a 25 license fee. A license issued under this subsection is for all purposes an assistant guide license 26 issued under AS 08.54.630. 27 (i) A person may receive only one guide license of any class under (a) - (h) of this 28 section. 29 (j) Notwithstanding AS 08.54.650, added by sec. 3 of this Act, a person who held a 30 transporter license in good standing under the provisions of AS 08.54.300 - 08.54.590 on 31 June 30, 1995, and who did not renew the license between June 30, 1995, and the effective date

01 of this section, shall receive a transporter license valid until December 31, 1996, upon payment 02 of a license fee of $75. A license issued under this subsection is for all purposes a transporter 03 license issued under AS 08.54.650. 04 (k) Notwithstanding AS 08.54.650, added by sec. 3 of this Act, a person who, in 05 reliance upon the apparent authority of the Department of Commerce and Economic 06 Development, obtained a transporter license from the Department of Commerce and Economic 07 Development after June 30, 1995, and before the effective date of this section shall receive a 08 transporter license valid until December 31, 1996, without payment of a license fee. A license 09 issued under this subsection is for all purposes a transporter license issued under AS 08.54.650. 10 (l) A person who, before the effective date of this section, has paid a license fee for a 11 commercial use permit or a use area registration application for 1996 shall receive a refund of 12 the full amount paid from the Department of Commerce and Economic Development. 13 (m) Pending the adoption of regulations under AS 08.01.065 and (n) of this section to 14 implement this Act, the fee for the 15 (1) biennial registered guide license or biennial master guide license is $200; 16 (2) biennial class-A assistant guide license is $100; 17 (3) biennial assistant guide license is $100; 18 (4) biennial transporter license is $200. 19 (n) Notwithstanding AS 44.62.250, the Department of Commerce and Economic 20 Development may adopt emergency regulations under AS 44.62.250 and 44.62.260 to implement 21 this Act without making a written finding under AS 44.62.250. The legislature finds that the 22 adoption of emergency regulations necessary to implement this Act is necessary for the 23 immediate preservation of the public peace and general welfare. 24 * Sec. 14. TRANSITION; USE AREA REGISTRATION. Notwithstanding AS 08.54.750(a), 25 added by sec. 3 of this Act, during the first 60 days that this Act is in effect, a registered guide 26 shall inform the Department of Commerce and Economic Development, in person or by 27 registered mail, that the guide will be conducting big game hunting services in a guide use area. 28 The registered guide shall provide the information required to be submitted to the Department 29 of Commerce and Economic Development under this section at any time before beginning 30 operations in the use area. After the first 60 days that this Act is in effect, a registered guide 31 shall provide information required under AS 08.54.750, in accordance with AS 08.54.750(a).

01 * Sec. 15. CONSTRUCTION OF ACT. Nothing in this Act shall be construed as ratifying 02 or validating acts of the Department of Commerce and Economic Development or of the 03 governor relating to the licensing or regulation of guide-outfitters and related occupations under 04 former provisions of AS 08.54.300 - 08.54.590. 05 * Sec. 16. AS 08.01.010(5); AS 08.03.010(c)(5); AS 08.54.300, 08.54.310, 08.54.320, 06 08.54.330, 08.54.350, 08.54.360, 08.54.370, 08.54.380, 08.54.390, 08.54.393, 08.54.395, 07 08.54.400, 08.54.410, 08.54.420, 08.54.430, 08.54.440, 08.54.450, 08.54.460, 08.54.470, 08 08.54.500, 08.54.505, 08.54.510, 08.54.520, 08.54.530, 08.54.540, 08.54.550, 08.54.590; and 09 AS 39.50.200(b)(48) are repealed. 10 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).