HB 442: "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date."
00 HOUSE BILL NO. 442 01 "An Act relating to the Big Game Commercial Services Board and to the regulation of 02 big game hunting services and transportation services; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010(7) is amended to read: 06 (7) Big Game Commercial Services Board (AS 08.54.591) 07 [REGULATION OF BIG GAME GUIDES AND TRANSPORTERS UNDER 08 AS 08.54]; 09 * Sec. 2. AS 08.03.010(c) is amended by adding a new paragraph to read: 10 (22) Big Game Commercial Services Board (AS 08.54.591) -- June 30, 11 2007. 12 * Sec. 3. AS 08.54 is amended by adding new sections to article 1 to read: 13 Sec. 08.54.591. Creation and membership of board. (a) For the purposes 14 of licensing and regulating the activities of providers of commercial services to big
01 game hunters in the interest of the state's wildlife resources, there is created the Big 02 Game Commercial Services Board. For administrative purposes, the board is in the 03 Department of Community and Economic Development. 04 (b) The board consists of seven members as follows: 05 (1) two members who are active, licensed registered guide-outfitters; 06 (2) one member who is a licensed transporter; 07 (3) one member of the Board of Game who is chosen by the Board of 08 Game and who does not hold a guide or transport license; 09 (4) two members who represent private landholders; and 10 (5) one public member. 11 Sec. 08.54.595. Board assistance. The Department of Fish and Game, 12 Department of Natural Resources, Department of Law, and Department of Public 13 Safety shall provide the board with information, data, or technical assistance requested 14 by the board for the purposes of licensing and regulating the activities of providers of 15 commercial services to big game hunters. 16 * Sec. 4. AS 08.54.600 is amended to read: 17 Sec. 08.54.600. Duties of board [DEPARTMENT]. (a) The board 18 [DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT] shall 19 (1) prepare, grade, and administer 20 (A) a qualification examination for a registered guide-outfitter 21 [GUIDE] license that requires demonstration that the applicant is qualified 22 generally to provide guided and outfitted hunts and, in particular, possesses 23 knowledge of fishing, hunting, and guiding laws and regulations; and 24 (B) a certification examination for each game management unit 25 in which the registered guide-outfitter [GUIDE] intends to provide big game 26 hunting services; the examination must require demonstration that the 27 registered guide-outfitter [GUIDE] is qualified to provide guided and outfitted 28 hunts in the game management unit for which the registered guide-outfitter 29 [GUIDE] seeks to be certified and, in particular, must require demonstration 30 that the registered guide-outfitter [GUIDE] possesses knowledge of the 31 terrain, transportation problems, game, and other characteristics of the game
01 management unit; 02 (2) authorize the issuance of [ISSUE] registered guide-outfitter 03 [GUIDE], master guide-outfitter [GUIDE], class-A assistant guide, assistant guide, 04 and transporter licenses; 05 (3) compile, maintain, and publish an annual roster of registered 06 guide-outfitters [GUIDES] and master guide-outfitters [GUIDES] licensed under 07 this chapter; a person listed in the roster whose license is revoked or suspended shall 08 be removed from the roster while the person's license is revoked or suspended; 09 (4) impose appropriate disciplinary sanctions on a licensee under 10 AS 08.54.600 - 08.54.790; 11 (5) require an applicant for issuance or renewal of any class of guide 12 license or of a transporter license to state in a written and signed document whether 13 the applicant's right to obtain, or exercise the privileges granted by, a hunting, guiding, 14 outfitting, or transportation services license is revoked or suspended in this state or 15 another state or in Canada; 16 (6) regularly disseminate information regarding examinations and 17 other qualifications for all classes of guide licenses to residents of the rural areas of the 18 state; 19 (7) adopt procedural and substantive regulations required by this 20 chapter; 21 (8) administer examinations for registered guide-outfitters [GUIDES] 22 at least twice a year; an examination may not be given within 90 days after the 23 previous examination; at one meeting each [LEAST ONCE EVERY OTHER] year 24 the board [DEPARTMENT] shall give the examination in [AT A LOCATION 25 OTHER THAN] Anchorage. 26 (b) The board [DEPARTMENT] shall provide for administration of an oral 27 examination for a registered guide-outfitter [GUIDE] license or for a game 28 management unit certification if an applicant experiences a specific language 29 disability. 30 * Sec. 5. AS 08.54.605(a) is amended to read: 31 (a) Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and
01 08.54.660, a person may not receive or renew a registered guide-outfitter [GUIDE] 02 license, master guide-outfitter [GUIDE] license, class-A assistant guide license, 03 assistant guide license, or transporter license if 04 (1) the person has been convicted of 05 (A) a violation of a state hunting, guiding, or transportation 06 services statute or regulation within the last five years for which the person 07 was fined more than $1,000 or imprisoned for more than five days; 08 (B) a felony within the last five years; or 09 (C) a felony offense against the person under AS 11.41 within 10 the last 10 years; or 11 (2) the person's right to obtain, or exercise the privileges granted by, a 12 hunting, guiding, outfitting, or transportation services license is suspended or revoked 13 in this state or another state or in Canada. 14 * Sec. 6. AS 08.54.605(c) is amended to read: 15 (c) A person may not receive a certification for a game management unit if the 16 person is prohibited by (a) of this section from receiving or renewing a registered 17 guide-outfitter [GUIDE] license or master guide-outfitter [GUIDE] license. 18 * Sec. 7. AS 08.54.610 is amended to read: 19 Sec. 08.54.610. Registered guide-outfitter [GUIDE] license. (a) A natural 20 person is entitled to a registered guide-outfitter [GUIDE] license if the person 21 (1) is 21 years of age or older; 22 (2) has practical field experience in the handling of firearms, hunting, 23 judging trophies, field preparation of meat and trophies, first aid, photography, and 24 related guiding and outfitting activities; 25 (3) either 26 (A) has passed the qualification examination prepared and 27 administered by the board [DEPARTMENT] under AS 08.54.600; or 28 (B) provides evidence of 25 years of experience as a class-A 29 assistant guide or class-A assistant guide-outfitter; 30 (4) has passed a certification examination prepared and administered 31 by the board [DEPARTMENT] under AS 08.54.600 for at least one game
01 management unit; 02 (5) has legally hunted in the state for part of each of any five years in a 03 manner directly contributing to the person's experience and competency as a guide; 04 (6) has been licensed as and performed the services of a class-A 05 assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant 06 guide-outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each 07 of three years; 08 (7) is capable of performing the essential duties associated with 09 guiding and outfitting; 10 (8) has been favorably recommended in writing by eight big game 11 hunters whose recommendations have been solicited by the board [DEPARTMENT] 12 from a list provided by the applicant, including at least two favorable 13 recommendations for each year of any three years during which the person was a 14 class-A assistant guide or assistant guide, or a class-A assistant guide-outfitter or 15 assistant guide-outfitter under former AS 08.54.300 - 08.54.590; and 16 (9) [HAS PROVIDED PROOF OF FINANCIAL RESPONSIBILITY 17 IF REQUIRED BY THE DEPARTMENT UNDER AS 08.54.680; AND 18 (10)] has applied for a registered guide-outfitter [GUIDE] license on a 19 form provided by the department and paid the license application fee and the 20 registered guide-outfitter [GUIDE] license fee. 21 (b) A master guide-outfitter [GUIDE] license authorizes a registered guide- 22 outfitter [GUIDE] to use the title master guide-outfitter [GUIDE], but is for all other 23 purposes under this chapter a registered guide-outfitter [GUIDE] license. A natural 24 person is entitled to receive a renewable master guide-outfitter [GUIDE] license if 25 the person 26 (1) is, at the time of application for a master guide-outfitter [GUIDE] 27 license, licensed as a registered guide-outfitter [GUIDE] under this section; 28 (2) has been licensed in this state as a registered guide or a guide- 29 outfitter, under former AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590, or 30 this chapter, for at least 12 of the last 15 years, including the year immediately 31 preceding the year in which the person applies for a master guide-outfitter [GUIDE]
01 license; 02 (3) submits a list to the board [DEPARTMENT] of at least 25 clients 03 for whom the person has personally provided guiding or outfitting services and the 04 person receives a favorable evaluation from 10 of the clients selected from the list by 05 the board [DEPARTMENT]; and 06 (4) applies for a master guide-outfitter [GUIDE] license on a form 07 provided by the department and pays the application fee, if any. 08 (c) A registered guide-outfitter [GUIDE] may contract to guide or outfit 09 hunts for big game and may provide transportation services, personally or through an 10 assistant, to big game hunters who are clients of the guide. 11 (d) A person who is licensed as a registered guide-outfitter [GUIDE] may be 12 employed by another registered guide-outfitter [GUIDE] to perform the functions of 13 a registered guide-outfitter [GUIDE] or class-A assistant guide in the game 14 management unit for which the person is certified under AS 08.54.600 or of an 15 assistant guide in any game management unit. 16 (e) A registered guide-outfitter [GUIDE] who contracts for a guided hunt 17 shall be 18 (1) physically present in the field with the client at least once during 19 the contracted hunt; and 20 (2) in the field and participating in the contracted hunt, unless the hunt 21 is being conducted by a class-A assistant guide or a registered guide-outfitter 22 [GUIDE] employed by the contracting registered guide-outfitter [GUIDE]. 23 * Sec. 8. AS 08.54.620 is amended to read: 24 Sec. 08.54.620. Class-A assistant guide license. (a) A natural person is 25 entitled to a class-A assistant guide license if the person 26 (1) is 21 years of age or older; 27 (2) applies for a class-A assistant guide license on a form provided by 28 the department and pays the license application fee and the license fee; and 29 (3) either 30 (A) has 31 (i) been employed during at least three calendar years as
01 any class of licensed guide in the game management unit for which the 02 license is sought; and 03 (ii) at least 10 years' hunting experience in the state; 04 military service outside of the state for not more than three years shall 05 be accepted as part of the required 10 years' hunting experience; or 06 (B) provides 07 (i) evidence that the person physically resides in the 08 game management unit in which the person is to be employed; 09 (ii) evidence that the person has had at least 15 years' 10 hunting experience in the game management unit in which the person is 11 to be employed; military service outside of the state for not more than 12 three years shall be accepted as part of the required 15 years' hunting 13 experience; and 14 (iii) a written recommendation from a registered guide- 15 outfitter [GUIDE], state trooper, state fish and wildlife law 16 enforcement officer, or state fish or game biologist who is familiar with 17 the person or who intends to employ the person as a class-A assistant 18 guide. 19 (b) A class-A assistant guide 20 (1) may not contract to guide or outfit a big game hunt; 21 (2) shall be employed by and under the supervision of a registered 22 guide-outfitter [GUIDE] who has contracted with the client for whom the class-A 23 assistant guide is conducting the hunt; 24 (3) may take charge of a camp and conduct guide activities from the 25 camp without the contracting registered guide-outfitter [GUIDE] being in the field 26 and participating in the contracted hunt if the contracting registered guide-outfitter 27 [GUIDE] is supervising the guiding activities; 28 (4) may not perform functions of a class-A assistant guide outside of 29 the game management unit for which the license is issued; and 30 (5) may be employed by a registered guide-outfitter [GUIDE] to 31 perform the functions of an assistant guide in any game management unit.
01 * Sec. 9. AS 08.54.630 is amended to read: 02 Sec. 08.54.630. Assistant guide license. (a) A natural person is entitled to an 03 assistant guide license if the person 04 (1) is 18 years of age or older; 05 (2) has legally hunted in the state during two calendar years; 06 (3) possesses a first aid card issued by the Red Cross or a similar 07 organization; 08 (4) obtains a written recommendation from a registered guide- 09 outfitter [GUIDE], state trooper, state fish and wildlife law enforcement officer, or 10 state fish or game biologist who is familiar with the person or who intends to employ 11 the person as an assistant guide; and 12 (5) applies for an assistant guide license on a form provided by the 13 department and pays the license application fee and the license fee. 14 (b) An assistant guide 15 (1) may not contract to guide or outfit a big game hunt; 16 (2) shall be employed by a registered guide-outfitter [GUIDE] and 17 under the supervision of a registered guide-outfitter [GUIDE] or class-A assistant 18 guide while the assistant guide is in the field on guided hunts; and 19 (3) may not take charge of a camp or conduct guide activities unless 20 the contracting registered guide-outfitter [GUIDE] is in the field and participating in 21 the contracted hunt or a registered guide-outfitter [GUIDE] or class-A assistant guide 22 employed by the contracting guide is physically present and supervising the hunt. 23 * Sec. 10. AS 08.54.640(a) is amended to read: 24 (a) Notwithstanding AS 08.54.610 - 08.54.630 and except as provided in (b) 25 of this section, a person may not hold, or earn experience credits to apply for, a 26 registered guide-outfitter [GUIDE] license under this chapter, while the person is a 27 law enforcement officer and for three months after terminating the person's status as a 28 law enforcement officer. 29 * Sec. 11. AS 08.54.640(b) is amended to read: 30 (b) A registered guide-outfitter [GUIDE] license, class-A assistant guide 31 license, or assistant guide license issued under this chapter, or under former provisions
01 of AS 08.54.300 - 08.54.590, after May 16, 1992, is suspended if the person to whom 02 the license is issued subsequently becomes a law enforcement officer. A person 03 whose license is subject to suspension under this subsection shall notify the 04 department that the person has become a law enforcement officer within 30 days after 05 becoming a law enforcement officer. The suspension of a license under this 06 subsection remains in effect until three months have elapsed from the date on which 07 the licensee provides written notification to the department of the fact that the person 08 is no longer a law enforcement officer. A person whose license is suspended under 09 this subsection is not required to renew the license or pay license renewal fees for the 10 period of suspension. Once a suspension of a license is terminated, the licensee may 11 provide, without further payment of a guide license fee, the guide services authorized 12 by the license for the remainder of the licensing period in which the suspension is 13 terminated. Notwithstanding other provisions of this subsection, if a person whose 14 license is suspended under this subsection fails to notify the department within one 15 year after the person is no longer a law enforcement officer, the person's license lapses 16 and the person is eligible for reissuance of the license only as provided in 17 AS 08.54.670. The board [DEPARTMENT] may adopt regulations to implement this 18 subsection. 19 * Sec. 12. AS 08.54.650(c) is amended to read: 20 (c) A transporter shall provide an annual activity report on a form provided by 21 the department. An activity report must contain information required by the board 22 [DEPARTMENT] by regulation. 23 * Sec. 13. AS 08.54.660 is amended to read: 24 Sec. 08.54.660. Renewal of guide and transporter licenses. (a) An 25 applicant for renewal of a registered guide-outfitter [GUIDE], class-A assistant 26 guide, assistant guide, or transporter license shall submit 27 (1) a request for renewal of the license on a form provided by the 28 department; and 29 (2) the appropriate license fee for the next licensing period. 30 (b) The department may not renew a registered guide-outfitter [GUIDE] 31 license under this section unless all fees have been paid in full and all hunt records due
01 during the term of the current license have been filed with the department and the 02 renewal of the license has been approved by the board. 03 (c) The department may not renew a transporter license unless all fees have 04 been paid in full and all activity reports due during the term of the current license have 05 been filed with the department and the renewal of the license has been approved by 06 the board. 07 * Sec. 14. AS 08.54.670 is amended to read: 08 Sec. 08.54.670. Failure to renew. The department may not issue a license to 09 a person who held a registered guide-outfitter [GUIDE], class-A assistant guide, or 10 assistant guide license and who has failed to renew the license under this chapter for 11 four consecutive years unless the person again meets the qualifications for initial 12 issuance of the license. 13 * Sec. 15. AS 08.54.680(b) is amended to read: 14 (b) If a registered guide-outfitter [GUIDE], class-A assistant guide, or an 15 assistant guide personally pilots an aircraft to transport clients during the provision of 16 big game hunting services, the registered guide-outfitter [GUIDE], class-A assistant 17 guide, or assistant guide shall have a commercial pilot's rating or a minimum of 500 18 hours of flying time in the state. 19 * Sec. 16. AS 08.54.710(a) is amended to read: 20 (a) The board [DEPARTMENT] may impose a disciplinary sanction in a 21 timely manner under (c) of this section if the board [DEPARTMENT] finds after a 22 hearing, that a licensee 23 (1) is convicted of a violation of a state statute or regulation relating to 24 hunting or to provision of big game hunting services or transportation services; or 25 (2) has failed to file records or reports required under this chapter. 26 * Sec. 17. AS 08.54.710(b) is amended to read: 27 (b) The board [DEPARTMENT] may impose a disciplinary sanction in a 28 timely manner under (c)(3) - (7) of this section if the board [DEPARTMENT] finds 29 after a hearing, that a licensee is incompetent as a registered guide-outfitter [GUIDE], 30 class-A assistant guide, assistant guide, or transporter. 31 * Sec. 18. AS 08.54.710(c) is amended to read:
01 (c) The board [DEPARTMENT] may impose the following disciplinary 02 sanctions, singly or in combination: 03 (1) permanently revoke a license; 04 (2) suspend a license for a specified period; 05 (3) censure or reprimand a licensee; 06 (4) impose limitations or conditions on the professional practice of a 07 licensee; 08 (5) impose requirements for remedial professional education to correct 09 deficiencies in the education, training, and skill of the licensee; 10 (6) impose probation requiring a licensee to report regularly to the 11 board [DEPARTMENT] on matters related to the grounds for probation; 12 (7) impose a civil fine not to exceed $5,000 [$1,000]. 13 * Sec. 19. AS 08.54.710(d) is amended to read: 14 (d) The board [DEPARTMENT] shall permanently revoke a transporter 15 license or any class of guide license if the board [DEPARTMENT] finds after a 16 hearing that the license was obtained through fraud, deceit, or intentional 17 [INNOCENT] misrepresentation. 18 * Sec. 20. AS 08.54.710(e) is amended to read: 19 (e) The board [DEPARTMENT] shall suspend or permanently revoke a 20 transporter license or any class of guide license without a hearing if the court orders 21 the board [DEPARTMENT] to suspend or permanently revoke the license as a 22 penalty for conviction of an unlawful act under AS 08.54.720. If the board 23 [DEPARTMENT] suspends or permanently revokes a license under this subsection, 24 the board [DEPARTMENT] may not also impose an administrative disciplinary 25 sanction of suspension or permanent revocation of the same license for the same 26 offense for which the court ordered the suspension or permanent revocation under 27 AS 08.54.720. 28 * Sec. 21. AS 08.54.710(h) is amended to read: 29 (h) If the board [DEPARTMENT] revokes a license under this section, the 30 person whose license has been revoked shall immediately surrender the license to the 31 department.
01 * Sec. 22. AS 08.54.710(i) is amended to read: 02 (i) The board [DEPARTMENT] may summarily suspend a licensee from 03 practice of the profession under this chapter, for a period of not more than 30 days, 04 before a final hearing is held or during an appeal if the board [DEPARTMENT] finds 05 that the licensee poses a clear and immediate danger to the public health and safety. A 06 person is entitled to a hearing before the board [DEPARTMENT] to appeal the 07 summary suspension within seven days after the order of suspension is issued. A 08 person may appeal an adverse decision of the board [DEPARTMENT] on an appeal 09 of summary suspension to a court of competent jurisdiction. 10 * Sec. 23. AS 08.54.720(a) is amended to read: 11 (a) It is unlawful for a 12 (1) person who is licensed under this chapter to knowingly fail to 13 promptly report to the Department of Public Safety, division of fish and wildlife 14 protection, and in no event later than 40 [20] days, a violation of a state game, guiding, 15 or transportation services statute or regulation that the person reasonably believes was 16 committed by a client or an employee of the person; 17 (2) person who is licensed under this chapter to intentionally obstruct 18 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 19 is not a client of the person; 20 (3) class-A assistant guide or an assistant guide to knowingly guide a 21 hunt except while employed and supervised by a registered guide-outfitter [GUIDE]; 22 (4) person who holds any class of guide license to knowingly enter or 23 remain on private land without prior authorization during the course of providing big 24 game hunting services; 25 (5) registered guide-outfitter [GUIDE] to knowingly engage in 26 providing big game hunting services outside of 27 (A) a game management unit for which the registered guide- 28 outfitter [GUIDE] is certified; or 29 (B) a use area for which the registered guide-outfitter 30 [GUIDE] is registered under AS 08.54.750 unless the registration requirement 31 for the area has been suspended by the Department of Fish and Game;
01 (6) person to knowingly guide without having a current registered 02 guide-outfitter [GUIDE], class-A assistant guide, or assistant guide license and 03 hunting license [IN ACTUAL POSSESSION]; 04 (7) registered guide-outfitter [GUIDE] to knowingly fail to comply 05 with AS 08.54.610(e); 06 (8) person who is licensed under this chapter to knowingly 07 (A) commit or aid in the commission of a violation of this 08 chapter, a regulation adopted under this chapter, or a state game statute or 09 regulation; or 10 (B) permit the commission of a violation of this chapter, a 11 regulation adopted under this chapter, or a state game statute or regulation that 12 the person knows or reasonably believes is being or will be committed without 13 (i) attempting to prevent it, short of using force; and 14 (ii) reporting the violation; 15 (9) person without a current registered guide-outfitter [GUIDE] 16 license to knowingly guide, advertise as a registered guide-outfitter [GUIDE], or 17 represent to be a registered guide-outfitter [GUIDE]; 18 (10) person without a current master guide-outfitter [GUIDE] license 19 to knowingly advertise as, or represent to be, a master guide-outfitter [GUIDE]; 20 (11) person without a current registered guide-outfitter [GUIDE] 21 license to knowingly outfit a big game hunt, advertise as an outfitter of big game 22 hunts, or represent to be an outfitter of big game hunts; 23 (12) person to knowingly provide transportation services to big game 24 hunters without holding a current registered guide-outfitter [GUIDE] license or 25 transporter license; 26 (13) person without a current transporter license to knowingly 27 advertise as, or represent to be, a transporter; 28 (14) class-A assistant guide or an assistant guide to knowingly contract 29 to guide or outfit a hunt; 30 (15) person licensed under this chapter to knowingly violate a state 31 statute or regulation prohibiting waste of a wild food animal or hunting on the same
01 day airborne; 02 (16) person to knowingly provide big game hunting service or 03 transportation services during the period for which the person's license to provide that 04 service is suspended or revoked; 05 (17) registered guide-outfitter [GUIDE], except in the defense of life 06 or property, to knowingly personally take 07 (A) big game while accompanying a client in the field; or 08 (B) a species of big game if the registered guide-outfitter 09 [GUIDE] is under contract with a client to provide a guided hunt for that 10 species of big game and the client is in the field; 11 (18) person who is licensed as a registered guide-outfitter [GUIDE], a 12 class-A assistant guide, or an assistant guide, except in the defense of life or property, 13 to knowingly personally take big game while a client of the registered guide-outfitter 14 [GUIDE] by whom the person is employed is in the field unless the person is not 15 participating in, supporting, or otherwise assisting in providing big game hunting 16 services to a client of the registered guide-outfitter [GUIDE] by whom the person is 17 employed; or 18 (19) person who is licensed as a transporter, or who provides 19 transportation services under a transporter license, to knowingly accompany or remain 20 in the field with a big game hunter who is a client of the person except as necessary to 21 perform the specific duties of embarking or disembarking big game hunters, their 22 equipment, or big game animals harvested by hunters; this paragraph does not apply to 23 a person who holds both a transporter license and any class of guide license issued 24 under this chapter. 25 * Sec. 24. AS 08.54.720(f) is amended to read: 26 (f) In addition to the penalties set out in (b) - (e) of this section and a 27 disciplinary sanction imposed under AS 08.54.710, 28 (1) the court may order the board [DEPARTMENT] to suspend the 29 guide license or transporter license of a person who commits a misdemeanor offense 30 set out in (a)(1), (3) - (5), (7), (17), (18), or (19) of this section for a specified period 31 of not more than three years;
01 (2) the court shall order the board [DEPARTMENT] to suspend the 02 guide license or transporter license of a person who commits a misdemeanor offense 03 set out in (a)(2) or (8) - (14) of this section for a specified period of not less than one 04 year and not more than five years; 05 (3) the court shall order the board [DEPARTMENT] to suspend the 06 guide license or transporter license for a specified period of not less than three years, 07 or to permanently revoke the guide license or transporter license, of a person who 08 commits an offense set out in (a)(15) or (16) of this section; and 09 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 10 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a 11 violation of (a) of this section may be seized by persons authorized to enforce this 12 chapter and may be forfeited to the state as provided under AS 16.05.195. 13 * Sec. 25. AS 08.54.730 is amended to read: 14 Sec. 08.54.730. Injunction against unlawful action. When in the judgment 15 of the board [DEPARTMENT], a person has engaged in an act in violation of 16 AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the 17 regulations adopted under these statutes, the board [DEPARTMENT] may apply to 18 the appropriate court for an order enjoining the action. Upon a showing by the board 19 [DEPARTMENT] that the person is engaging in the act, the court shall grant 20 injunctive relief or other appropriate order without bond. 21 * Sec. 26. AS 08.54.740(a) is amended to read: 22 (a) A registered guide-outfitter [GUIDE] who contracts to guide or outfit a 23 big game hunt is equally responsible under AS 08.54.710 for a violation of a state 24 game, guiding, or transportation services statute or regulation committed by a person 25 while in the course of the person's employment for the registered guide-outfitter 26 [GUIDE]. 27 * Sec. 27. AS 08.54.750 is amended to read: 28 Sec. 08.54.750. Use area registration. (a) At least 30 days before conducting 29 big game hunting services within a guide use area, a registered guide-outfitter 30 [GUIDE] shall inform the department, in person or by registered mail on a registration 31 form provided by the department, that the guide-outfitter [GUIDE] will be
01 conducting big game hunting services in the use area. 02 (b) A registered guide-outfitter [GUIDE] may not register for, or conduct big 03 game hunting services 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 06 which the registered guide-outfitter [GUIDE] is certified under AS 08.54.600. 07 (c) Notwithstanding (a) and (b) of this section, a registered guide-outfitter 08 [GUIDE] may register to conduct big game hunting services within a guide use area at 09 any time before beginning operations in the guide use area and may conduct big game 10 hunting services in a guide use area, or for a big game species in a guide use area, that 11 is not one of the three guide use areas for which the registered guide-outfitter 12 [GUIDE] has registered under (b) of this section if the Department of Fish and Game 13 has determined by regulation that it is in the public interest to suspend the registration 14 requirements for that guide use area or for all guide use areas in a game management 15 unit or game management subunit for a big game species within those guide use areas. 16 (d) Notwithstanding (b) of this section, a registered guide-outfitter [GUIDE] 17 who is registered in three guide use areas may also register for and conduct big game 18 hunting services in a portion of one additional guide use area on federal land adjacent 19 to a guide use area in which the registered guide-outfitter [GUIDE] is already 20 registered if the board [DEPARTMENT] finds that the portion of the adjacent guide 21 use area for which the registered guide-outfitter [GUIDE] is seeking to be registered 22 would otherwise remain unused by a registered guide-outfitter [GUIDE] because the 23 boundaries of guide use areas do not coincide with boundaries of federal big game 24 guide concession or permit areas. 25 (e) In this section, "guide use area" means a geographic area of the state 26 identified as a guide-outfitter use area by the former Big Game Commercial Services 27 Board established under former AS 08.54.300 and described on a set of maps titled 28 Guide-Outfitter Use Area Maps, dated June 22, 1994. 29 * Sec. 28. AS 08.54.750 is amended by adding a new subsection to read: 30 (f) At least 60 days before providing transportation services to, from, or in a 31 guide use area, a transporter shall inform the department, in person or by registered
01 mail on a registration form provided by the department, that the transporter will be 02 providing transportation services to, from, or in the use area. 03 * Sec. 29. AS 08.54.760(a) is amended to read: 04 (a) The department shall collect and maintain hunt records provided by a 05 registered guide-outfitter [GUIDE]. A registered guide-outfitter [GUIDE] shall 06 submit to the department a hunt record for each contracted hunt within 30 days after 07 the completion of the hunt. A hunt record must include a list of all big game hunters 08 who used the guiding or outfitting services of the registered guide-outfitter [GUIDE], 09 the number of each big game species taken, and other information required by the 10 board [DEPARTMENT]. The department shall provide forms for reporting hunt 11 records. 12 * Sec. 30. AS 08.54.770 is amended to read: 13 Sec. 08.54.770. License and examination fees. (a) The department shall set 14 fees under AS 08.01.065 for each of the following: 15 (1) registered guide-outfitter [GUIDE] license; 16 (2) class-A assistant guide license; 17 (3) assistant guide license; 18 (4) transporter license; 19 (5) license application fee. 20 (b) The license fee for the registered guide-outfitter [GUIDE], class-A 21 assistant guide, or assistant guide license is in addition to the fee required for a hunting 22 license. 23 (c) An applicant for a qualifying examination for a registered guide-outfitter 24 [GUIDE] license shall pay a fee established by regulations adopted under 25 AS 08.01.065. 26 (d) The fee for the transporter license must be equal to the fee for the 27 registered guide-outfitter [GUIDE] license. 28 (e) The [FOR LICENSES ISSUED UNDER THIS CHAPTER FOR 1997 29 AND SUBSEQUENT YEARS, THE] amount of the license fee for a nonresident shall 30 be two times the amount of the license fee for a resident. 31 * Sec. 31. AS 08.54.790(2) is amended to read:
01 (2) "big game hunting service" means a service for which the provider 02 of the service must obtain a registered guide-outfitter [GUIDE], class-A assistant 03 guide, or assistant guide license; "big game hunting service" includes guiding services 04 and outfitting services; 05 * Sec. 32. AS 08.54.790 is amended by adding a new paragraph to read: 06 (10) "board" means the Big Game Commercial Services Board. 07 * Sec. 33. AS 16.05.407(a) is amended to read: 08 (a) It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly 09 bear, mountain goat, or sheep in this state, unless personally accompanied by 10 (1) a person who is licensed as 11 (A) a registered guide-outfitter [GUIDE] or a master guide- 12 outfitter [GUIDE] under AS 08.54 and who is providing big game hunting 13 services to the nonresident under a contract with the nonresident; or 14 (B) a class-A assistant guide or an assistant guide under 15 AS 08.54 and who is employed by a registered guide-outfitter [GUIDE] or a 16 master guide-outfitter [GUIDE] who has a contract to provide big game 17 hunting services to the nonresident; or 18 (2) a resident over 19 years of age who is 19 (A) the spouse of the nonresident; or 20 (B) related to the nonresident, within and including the second 21 degree of kindred, by marriage or blood. 22 * Sec. 34. AS 16.05.407(f) is amended to read: 23 (f) An applicant for a nonresident hunt permit for the taking of an animal 24 specified in (a) of this section shall, if requested by the department, first furnish to the 25 department proof of prior authorization to use federal or private land where the permit 26 hunt will occur. The authorization shall be provided to the applicant by the registered 27 guide-outfitter [GUIDE] or master guide-outfitter [GUIDE] with whom the 28 applicant has contracted to guide the permit hunt. 29 * Sec. 35. AS 16.05.408(a) is amended to read: 30 (a) It is a class A misdemeanor for a nonresident alien to hunt, pursue, or take 31 a big game animal as defined by the Board of Game unless personally accompanied by
01 (1) a registered guide-outfitter [GUIDE] or a master guide-outfitter 02 [GUIDE] licensed under AS 08.54 who is providing big game hunting services to the 03 nonresident alien under a contract with the nonresident alien; or 04 (2) a class-A assistant guide or an assistant guide licensed under 05 AS 08.54 who is employed by a registered guide-outfitter [GUIDE] or a master 06 guide-outfitter [GUIDE] who has a contract to provide big game hunting services to 07 the nonresident alien. 08 * Sec. 36. AS 16.05.408(c) is amended to read: 09 (c) Before obtaining a nonresident hunt permit for the taking of an animal 10 specified in (a) of this section, a nonresident alien shall, if requested by the 11 department, first furnish to the department proof of prior authorization to use federal 12 or private land where the permit hunt will occur. The authorization shall be provided 13 to the nonresident alien by the registered guide-outfitter [GUIDE] or master guide- 14 outfitter [GUIDE] with whom the nonresident alien has contracted to guide the permit 15 hunt. 16 * Sec. 37. AS 23.10.055 is amended to read: 17 Sec. 23.10.055. Exemptions. The provisions of AS 23.10.050 - 23.10.150 do 18 not apply to 19 (1) an individual employed in agriculture, which includes farming in 20 all its branches and, among other things, includes the cultivation and tillage of the soil, 21 dairying, the production, cultivation, growing, and harvesting of any agricultural or 22 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 23 poultry, and any practices, including forestry and lumbering operations, performed by 24 a farmer or on a farm as an incident to or in conjunction with the farming operations, 25 including preparation for market, delivery to storage or to market or to carriers for 26 transportation to market; 27 (2) an individual employed in the catching, trapping, cultivating, or 28 farming, netting or taking of any kind of fish, shellfish, or other aquatic forms of 29 animal and vegetable life; 30 (3) an individual employed in the hand picking of shrimp; 31 (4) an individual employed in domestic service, including a baby-
01 sitter, in or about a private home; 02 (5) an individual employed by the United States or by the state or 03 political subdivision of the state, except as provided in AS 23.10.065(b), including 04 prisoners not on furlough detained or confined in prison facilities; 05 (6) an individual engaged in the nonprofit activities of a nonprofit 06 religious, charitable, cemetery, or educational organization or other nonprofit 07 organization where the employer-employee relationship does not, in fact, exist, and 08 where services rendered to the organization are on a voluntary basis and are related 09 only to the organization's nonprofit activities; for purposes of this paragraph, 10 "nonprofit activities" means activities for which the nonprofit organization does not 11 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; 12 (7) an employee engaged in the delivery of newspapers to the 13 consumer; 14 (8) an individual employed solely as a watchman or caretaker of a 15 plant or property that is not in productive use for a period of four months or more; 16 (9) an individual employed in a bona fide executive, administrative, or 17 professional capacity or in the capacity of an outside salesman or a salesman who is 18 employed on a straight commission basis; 19 (10) an individual employed in the search for placer or hard rock 20 minerals; 21 (11) an individual under 18 years of age employed on a part-time basis 22 not more than 30 hours in a week; 23 (12) employment by a nonprofit educational or child care facility to 24 serve as a parent of children while the children are in residence at the facility if the 25 employment requires residence at the facility and is compensated on a cash basis 26 exclusive of room and board at an annual rate of not less than 27 (A) $10,000 for an unmarried person; or 28 (B) $15,000 for a married couple; 29 (13) an individual who drives a taxicab, is compensated for taxicab 30 services exclusively by customers of the service, whose written contractual 31 arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch
01 services are based upon flat contractual rates and not based on a percentage share of 02 the individual's receipts from customers, and whose written contract with owners of 03 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 04 the contract places no restrictions on hours worked by the individual or on areas in 05 which the individual may work except to comply with local ordinances; 06 (14) a person who holds a license under AS 08.54 and who is 07 employed by a registered guide-outfitter [GUIDE] or master guide-outfitter 08 [GUIDE] licensed under AS 08.54, for the first 60 work days in which the person is 09 employed by the registered guide-outfitter [GUIDE] or master guide-outfitter 10 [GUIDE] during a calendar year; 11 (15) an individual engaged in activities for a nonprofit religious, 12 charitable, civic, cemetery, recreational, or educational organization where the 13 employer-employee relationship does not, in fact, exist, and where services are 14 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 15 temporary assistance program); or 16 (16) an individual who 17 (A) provides emergency medical services only on a voluntary 18 basis; 19 (B) serves with a full-time fire department only on a voluntary 20 basis; or 21 (C) provides ski patrol services on a voluntary basis. 22 * Sec. 38. AS 39.50.200(b) is amended by adding a new paragraph to read: 23 (58) Big Game Commercial Services Board (AS 08.54.591). 24 * Sec. 39. AS 41.23.420(d) is amended to read: 25 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 26 (1) the Department of Fish and Game, the Board of Fisheries, the 27 Board of Game, or the Big Game Commercial Services Board [DEPARTMENT OF 28 COMMUNITY AND ECONOMIC DEVELOPMENT] under AS 08.54, AS 16, or 29 AS 41.99.010; 30 (2) the Department of Environmental Conservation under AS 46.03; or 31 (3) state agencies and municipalities under AS 46.39.010 and
01 AS 46.40.100. 02 * Sec. 40. AS 44.62.330(a)(35) is amended to read: 03 (35) Big Game Commercial Services Board [DEPARTMENT OF 04 COMMUNITY AND ECONOMIC DEVELOPMENT UNDER AS 08.54 AS TO 05 LICENSING AND RELATED FUNCTIONS FOR BIG GAME GUIDES AND 06 TRANSPORTERS]; 07 * Sec. 41. AS 08.54.680(a) is repealed. 08 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 INITIAL APPOINTMENT OF MEMBERS OF THE BIG GAME COMMERCIAL 11 SERVICES BOARD. (a) Notwithstanding AS 08.54.591, added by sec. 3 of this Act, and 12 AS 39.05.055, the initially appointed members of the Big Game Commercial Services Board 13 shall be appointed by the governor to terms as follows: one member serves for one year, two 14 members serve for two years, two members serve for three years, and two members serve for 15 four years. 16 (b) The governor shall appoint the initial members of the Big Game Commercial 17 Services Board, as provided for under AS 08.54.591(a), added by sec. 3 of this Act, before 18 December 1, 2004. 19 (c) The governor shall appoint persons who are active, licensed registered guides at 20 the time of appointment to fill the initial registered guide-outfitter positions on the Big Game 21 Commercial Services Board. 22 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 SAVING CLAUSE. Litigation, hearings, investigations, and other proceedings 25 pending under a law amended or repealed by this Act, or in connection with functions 26 transferred by this Act, continue in effect and may be continued and completed 27 notwithstanding a transfer or amendment or repeal provided for by this Act. Regulations 28 adopted under authority of a law amended or repealed by this Act remain in effect for the term 29 adopted or until repealed or otherwise amended under the provisions of this Act. 30 * Sec. 44. Sections 42 and 43 of this Act take effect immediately under AS 01.10.070(c). 31 * Sec. 45. Except as provided in sec. 44 of this Act, this Act takes effect on the day on
01 which the Big Game Commercial Services Board convenes its first meeting. The 02 commissioner of community and economic development shall inform the revisor of statutes 03 and the lieutenant governor of the date on which the Big Game Commercial Services Board 04 convenes its first meeting.