HB 151: "An Act relating to personal hunting of big game by big game guides while clients are in the field and to use area registration for portions of additional guide use areas by registered guides."
00HOUSE BILL NO. 151 01 "An Act relating to personal hunting of big game by big game guides while 02 clients are in the field and to use area registration for portions of additional 03 guide use areas by registered guides." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.54.720(a) is amended to read: 06 (a) It is unlawful for a 07 (1) person who is licensed under this chapter to knowingly fail to 08 promptly report to the Department of Public Safety, division of fish and wildlife 09 protection, and in no event later than 20 days, a violation of a state game, guiding, or 10 transportation services statute or regulation that the person reasonably believes was 11 committed by a client or an employee of the person; 12 (2) person who is licensed under this chapter to intentionally obstruct 13 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 14 is not a client of the person;
01 (3) class-A assistant guide or an assistant guide to knowingly guide a 02 hunt except while employed and supervised by a registered guide; 03 (4) person who holds any class of guide license to knowingly enter or 04 remain on private land without prior authorization during the course of providing big 05 game hunting services; 06 (5) registered guide to knowingly engage in providing big game hunting 07 services outside of 08 (A) a game management unit for which the registered guide is 09 certified; or 10 (B) a use area for which the registered guide is registered under 11 AS 08.54.750 unless the registration requirement for the area has been 12 suspended by the Department of Fish and Game; 13 (6) person to knowingly guide without having a current registered 14 guide, class-A assistant guide, or assistant guide license and hunting license in actual 15 possession; 16 (7) registered guide to knowingly fail to comply with AS 08.54.610(e); 17 (8) person who is licensed under this chapter to knowingly 18 (A) commit or aid in the commission of a violation of this 19 chapter, a regulation adopted under this chapter, or a state game statute or 20 regulation; or 21 (B) permit the commission of a violation of this chapter, a 22 regulation adopted under this chapter, or a state game statute or regulation that 23 the person knows or reasonably believes is being or will be committed without 24 (i) attempting to prevent it, short of using force; and 25 (ii) reporting the violation; 26 (9) person without a current registered guide license to knowingly 27 guide, advertise as a registered guide, or represent to be a registered guide; 28 (10) person without a current master guide license to knowingly 29 advertise as, or represent to be, a master guide; 30 (11) person without a current registered guide license to knowingly 31 outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be
01 an outfitter of big game hunts; 02 (12) person to knowingly provide transportation services to big game 03 hunters without holding a current registered guide license or transporter license; 04 (13) person without a current transporter license to knowingly advertise 05 as, or represent to be, a transporter; 06 (14) class-A assistant guide or an assistant guide to knowingly contract 07 to guide or outfit a hunt; 08 (15) person licensed under this chapter to knowingly violate a state 09 statute or regulation prohibiting waste of a wild food animal or hunting on the same 10 day airborne; [OR] 11 (16) person to knowingly provide big game hunting service or 12 transportation services during the period for which the person's license to provide that 13 service is suspended or revoked; 14 (17) registered guide, except in the defense of life or property, to 15 knowingly personally take big game while a client of the registered guide is in the 16 field; or 17 (18) class-A assistant guide or an assistant guide, except in the 18 defense of life or property, to knowingly personally take big game while a client 19 of the registered guide by whom the class-A assistant guide or the assistant guide 20 is employed is in the field unless the class-A assistant guide or assistant guide is 21 not participating in, supporting, or otherwise assisting in providing big game 22 hunting services to a client of the registered guide by whom the class-A assistant 23 guide or assistant guide is employed. 24 * Sec. 2. AS 08.54.720(b) is amended to read: 25 (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a 26 person who commits an offense set out in (a)(1) - (7), (17), or (18) of this section is 27 guilty of a misdemeanor and is punishable by a fine of not more than $10,000 or by 28 imprisonment up to one year, or both. 29 * Sec. 3. AS 08.54.720(f) is amended to read: 30 (f) In addition to the penalties set out in (b) - (e) of this section and a 31 disciplinary sanction imposed under AS 08.54.710,
01 (1) the court may order the department to suspend the guide license or 02 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 03 (3) - (5), [OR] (7), (17), or (18) of this section for a specified period of not more than 04 three years; 05 (2) the court shall order the department to suspend the guide license or 06 transporter license of a person who commits a misdemeanor offense set out in (a)(2) 07 or (8) - (14) of this section for a specified period of not less than one year and not 08 more than five years; 09 (3) the court shall order the department to suspend the guide license or 10 transporter license for a specified period of not less than three years, or to permanently 11 revoke the guide license or transporter license, of a person who commits an offense 12 set out in (a)(15) or (16) of this section; and 13 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 14 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, 15 a violation of (a) of this section may be seized by persons authorized to enforce this 16 chapter and may be forfeited to the state as provided under AS 16.05.195. 17 * Sec. 4. AS 08.54.750 is amended by adding a new subsection to read: 18 (e) Notwithstanding (b) of this section, a registered guide who is registered in 19 three guide use areas may also register for and conduct big game hunting services in 20 a portion of an additional guide use area or additional guide use areas that are adjacent 21 to a guide use area in which the registered guide is already registered if the department 22 finds that the portion of the adjacent use area for which the registered guide is seeking 23 to be registered would otherwise remain unused by a registered guide because the 24 boundary of the guide use area does not coincide with land ownership boundaries.