HB 452: "An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date."
00 HOUSE BILL NO. 452 01 "An Act relating to licensing and regulation of sport fishing services operators and 02 fishing guides; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.251(a) is amended to read: 05 (a) The Board of Fisheries may adopt regulations it considers advisable in 06 accordance with AS 44.62 (Administrative Procedure Act) for 07 (1) setting apart fish reserve areas, refuges, and sanctuaries in the 08 waters of the state over which it has jurisdiction, subject to the approval of the 09 legislature; 10 (2) establishing open and closed seasons and areas for the taking of 11 fish; if consistent with resource conservation and development goals, the board may 12 adopt regulations establishing restricted seasons and areas necessary for persons 60 13 years of age and older to participate in sport, personal use, or subsistence fishing; 14 (3) setting quotas, bag limits, harvest levels, and sex and size
01 limitations on the taking of fish; 02 (4) establishing the means and methods employed in the pursuit, 03 capture, and transport of fish; 04 (5) establishing marking and identification requirements for means 05 used in pursuit, capture, and transport of fish; 06 (6) classifying as commercial fish, sport fish, guided sport fish, 07 personal use fish, subsistence fish, or predators or other categories essential for 08 regulatory purposes; 09 (7) watershed and habitat improvement, and management, 10 conservation, protection, use, disposal, propagation, and stocking of fish; 11 (8) investigating and determining the extent and effect of disease, 12 predation, and competition among fish in the state, exercising control measures 13 considered necessary to the resources of the state; 14 (9) prohibiting and regulating the live capture, possession, transport, or 15 release of native or exotic fish or their eggs; 16 (10) establishing seasons, areas, quotas, and methods of harvest for 17 aquatic plants; 18 (11) establishing the times and dates during which the issuance of 19 fishing licenses, permits, and registrations and the transfer of permits and registrations 20 between registration areas is allowed; however, this paragraph does not apply to 21 permits issued or transferred under AS 16.43; 22 (12) regulating commercial, sport, guided sport, subsistence, and 23 personal use fishing as needed for the conservation, development, and utilization of 24 fisheries; 25 (13) requiring, in a fishery, observers on board fishing vessels, as 26 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 27 in AS 16.05.475(c), after making a written determination that an on-board observer 28 program 29 (A) is the only practical data-gathering or enforcement 30 mechanism for that fishery; 31 (B) will not unduly disrupt the fishery;
01 (C) can be conducted at a reasonable cost; and 02 (D) can be coordinated with observer programs of other 03 agencies, including the National Marine Fisheries Service, North Pacific 04 Fishery Management Council, and the International Pacific Halibut 05 Commission; 06 (14) establishing nonexclusive, exclusive, and superexclusive 07 registration and use areas for regulating commercial fishing; 08 (15) regulating resident or nonresident sport fishermen as needed for 09 the conservation, development, and utilization of fishery resources; 10 (16) requiring unlicensed fishing vessels present in or transiting the 11 waters of the state to report to the department the quantity, species, and origin of fish 12 on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is 13 not licensed under AS 16.05.490 - 16.05.530; 14 (17) regulating the sport fishing services industry as needed for the 15 conservation, development, and utilization of fisheries, the safety of clients of the 16 sport fishing services industry, and the integrity of the sport fishing services 17 industry. 18 * Sec. 2. AS 16.05.340(a) is amended by adding a new paragraph to read: 19 (26) Fishing services licenses 20 (A) Sport fishing services operator license.......................$100 21 (B) Fishing guide license.......................................................50 22 (C) Sport fishing services operator and fishing 23 guide combined license............................................................................................ 24 * Sec. 3. AS 16.05.815(a) is amended to read: 25 (a) Except as provided in (b) and (c) of this section, records required by 26 regulations of the department concerning the landings of fish, shellfish, or fishery 27 products, [AND] annual statistical reports of fishermen, buyers, and processors 28 required by regulation of the department, and the names and license numbers of 29 fishermen collected under AS 16.40.280 are confidential and may not be released by 30 the department or by the Alaska Commercial Fisheries Entry Commission except as 31 set out in this subsection. The department may release the records and reports set out
01 in this subsection to the Alaska Commercial Fisheries Entry Commission. The 02 department and the Alaska Commercial Fisheries Entry Commission may release the 03 records and reports set out in this subsection to the recipients identified in this 04 subsection if the recipient, other than a recipient under (5) - (9) of this subsection, 05 agrees to maintain the confidentiality of the records and reports. The department and 06 the Alaska Commercial Fisheries Entry Commission may release 07 (1) any of the records and reports to the National Marine Fisheries 08 Service and the professional staff of the North Pacific Fishery Management Council as 09 required for preparation and implementation of the fishery management plans of the 10 North Pacific Fishery Management Council within the exclusive economic zone; 11 (2) any of the records and reports to the professional staff of the 12 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 13 Information Network project for the purpose of exchanging information with users 14 authorized by the department; 15 (3) any of the records and reports to the Department of Revenue to 16 assist the Department of Revenue in carrying out its statutory responsibilities; 17 (4) records or reports of the total value purchased by each buyer to a 18 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 19 municipality requires records of the landings of fish, shellfish, or fishery products to 20 be submitted to it for purposes of verification of taxes payable; 21 (5) such records and reports as necessary to be in conformity with a 22 court order; 23 (6) on request, the report of a person to the person whose fishing 24 activity is the subject of the report, or to a designee of the person whose fishing 25 activity is the subject of the report; 26 (7) on request, annual statistical reports of a fisherman, buyer, or 27 processor to the fisherman, buyer, or processor whose activity is the subject of the 28 report, or to a designee of the fisherman, buyer, or processor whose activity is the 29 subject of the report; 30 (8) fish tickets, fish ticket information, saltwater charter logbooks, 31 saltwater charter logbook information, and annual statistical reports of fishermen,
01 buyers, and processors and information in those reports to the Department of Public 02 Safety; 03 (9) fish tickets, fish ticket information, and annual statistical reports of 04 fishermen, buyers, and processors and information in those reports to the law 05 enforcement personnel of the National Marine Fisheries Service and the National 06 Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in 07 waters of this state and in waters of the exclusive economic zone adjacent to this state; 08 (10) fish tickets and fish ticket information regarding halibut to the 09 International Pacific Halibut Commission; and 10 (11) any of the records and reports to the child support enforcement 11 agency created in AS 25.27.010, or the child support enforcement agency of another 12 state, for child support purposes authorized under law. 13 * Sec. 4. AS 16.40 is amended by adding new sections to read: 14 Article 6. Fishing Services. 15 Sec. 16.40.260. Sport fishing services operator license. (a) The department 16 shall issue an annual sport fishing services operator license to a person who 17 (1) holds a current business license under AS 43.70 to provide services 18 to sport, personal use, and subsistence fishermen; 19 (2) presents proof satisfactory to the department of a general liability 20 insurance policy or marine protection and indemnity insurance policy, covering the 21 services provided by the person and person's employees to sport, personal use, and 22 subsistence fishermen, that provides coverage of at least $100,000 for each incident, 23 and $300,000 for all incidents in a year; 24 (3) pays the license fee prescribed by AS 16.05.340(a); and 25 (4) satisfies all additional requirements adopted in regulation by the 26 Board of Fisheries. 27 (b) A person may not provide sport fishing services unless the person holds a 28 current sport fishing services operator license and has current insurance coverage as 29 required in (a)(2) of this section. 30 (c) A person who holds a current sport fishing services operator license may 31 contract to provide fishing guide services to a sport, personal use, or subsistence
01 fisherman through an employee who holds a current fishing guide license under 02 AS 16.40.270. 03 (d) A person who holds a current sport fishing services operator license may 04 not directly provide fishing guide services to a sport, personal use, or subsistence 05 fisherman unless the person also holds a current fishing guide license under 06 AS 16.40.270(b). 07 (e) A person who holds a sport fishing services operator license may not aid in 08 the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 09 AS 16.05 - AS 16.40 by a fishing guide who is employed by the person or by a sport, 10 personal use, or subsistence fisherman who is a client of the person. 11 Sec. 16.40.270. Fishing guide license. (a) A natural person may obtain an 12 annual fishing guide license if the person 13 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 14 alien; 15 (2) is certified in first aid by the American Red Cross or a similar 16 organization; 17 (3) holds a license to carry passengers for hire issued by the United 18 States Coast Guard if the person operates a vessel in the provision of fishing guide 19 services and the license is required by the United States Coast Guard for the area in 20 which the fishing guide provides fishing guide services; 21 (4) holds a current sport fishing license from this state; 22 (5) pays the license fee prescribed by AS 16.05.340(a); and 23 (6) satisfies all additional requirements adopted in regulation by the 24 Board of Fisheries. 25 (b) A natural person may obtain an annual sport fishing services operator and 26 fishing guide combined license if the person satisfies the requirements for a sport 27 fishing services operator license under AS 16.40.260 and for a fishing guide license 28 under this section and pays the license fee prescribed by AS 16.05.340(a). 29 (c) A person may not provide fishing guide services unless the person 30 (1) hold a current fishing guide license; and 31 (2) holds a current sport fishing services operator license or is an
01 employee of a person who holds a current sport fishing services operator license. 02 (d) A fishing guide may provide fishing guide services only to persons who 03 have engaged the services of the sport fishing services operator by whom the fishing 04 guide is employed. A fishing guide may not contract directly with a person to provide 05 fishing guide services to that person unless the fishing guide also holds a current sport 06 fishing services operator license. 07 (e) While engaged in providing fishing guide services, a fishing guide shall 08 physically possess 09 (1) a current fishing guide license; 10 (2) the current licenses, tags, and permits that are required to engage in 11 the sport, personal use, or subsistence fishery for which the fishing guide services are 12 being provided; 13 (3) a driver's license or similar identification card that is issued by a 14 state or federal agency and that bears a photograph of the fishing guide; 15 (4) proof of employment as a fishing guide by a person who holds a 16 current sport fishing services operator license, or proof of current licensure as a sport 17 fishing services operator; 18 (5) proof of current certification in first aid by the American Red Cross 19 or a similar organization; and 20 (6) proof of licensure by the United States Coast Guard to carry 21 passengers for hire if the fishing guide operates a vessel in the provision of fishing 22 guide services and the license is required by the United States Coast Guard for the area 23 in which the fishing guide provides fishing guide services. 24 (f) A fishing guide may not 25 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 26 regulation adopted under AS 16.05 - AS 16.40 by a client of the fishing guide; or 27 (2) permit the commission by a client of the fishing guide of a 28 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 29 that the fishing guide knows or reasonably believes is being or will be committed 30 without 31 (A) attempting to prevent it, short of using force; and
01 (B) reporting the violation. 02 Sec. 16.40.280. Reports. (a) The department shall collect information from 03 sport fishing services operators and fishing guides, including 04 (1) the names of clients; 05 (2) the sport fishing license or permit numbers of clients; 06 (3) the numbers of fish by species harvested by clients; 07 (4) the number of rod-hours fished by clients; 08 (5) the locations fished during the provision of fishing guide services; 09 and 10 (6) other information that the department or board requires by 11 regulation. 12 (b) A person who holds a license issued under AS 16.40.260 or 16.40.270 13 shall comply with the reporting requirements in this section and reporting 14 requirements adopted in regulation by the department or board. 15 (c) A person who is required to complete reports under this section may not 16 provide false information or omit material facts in a report. 17 (d) A person who is required to complete reports under this section may not be 18 issued a new license under AS 16.40.260 or 16.40.270 unless the department has 19 received all reports required under this section for the preceding year. 20 (e) Information collected under this section is confidential to the extent 21 provided under AS 16.05.815. 22 (f) The department or board may adopt regulations under AS 44.62 23 (Administrative Procedure Act) that it considers necessary to implement this section. 24 Sec. 16.40.290. Penalty. (a) Except as provided in (b) and (c) of this section, 25 a person who knowingly violates AS 16.40.260 - 16.40.299 or a regulation adopted 26 under AS 16.40.260 - 16.40.299 is guilty of a class A misdemeanor. 27 (b) A person who, without any culpable mental state, violates AS 16.40.270(e) 28 is guilty of a violation and upon conviction is punishable by a fine of not more than 29 $500. 30 (c) A person who knowingly violates AS 16.40.270(e) is, for a 31 (1) first offense in a three-year period, guilty of a violation and upon
01 conviction is punishable by a fine of not more than $500; and 02 (2) second or subsequent offense in a three-year period, guilty of a 03 class B misdemeanor. 04 (d) In addition to any other penalty provided by law, a court may revoke the 05 fishing guide license of a person who is convicted under (c)(2) of this section. 06 (e) In this section, "knowingly" has the meaning given in AS 11.81.900. 07 Sec. 16.40.299. Definitions. In AS 16.40.260 - 16.40.299, 08 (1) "fishing club" means an organization that offers the use of real or 09 personal property or services to persons who pay a membership fee for the privilege of 10 using the real or personal property or services for sport, personal use, or subsistence 11 fishing; 12 (2) "fishing guide services" means assistance, for compensation or 13 with the intent to receive compensation, to a sport, personal use, or subsistence 14 fisherman to take or to attempt to take fish by accompanying or physically directing 15 the fisherman in sport, personal use, or subsistence fishing activities during any part of 16 a trip; "fishing guide services" does not include 17 (A) sport fishing services; or 18 (B) services provided by an assistant, deckhand, or similar 19 person who works directly under the supervision of and on the same vessel as a 20 person who holds a current fishing guide license; 21 (3) "outfitting" means the provision of equipment or services, 22 including the renting of vessels without a vessel operator, to a sport, personal use, or 23 subsistence fisherman in the field; "outfitting" does not include the sale of fishing 24 tackle, bait, or fuel; in this paragraph, "field" means an area that is 25 (A) outside of established developments usually associated 26 with a city, town, or village; and 27 (B) not reasonably accessible by foot from the state highway 28 system; in this subparagraph, "highway" has the meaning given in 29 AS 19.45.001; 30 (4) "sport fishing services" means the provision to a sport, personal 31 use, or subsistence fisherman, for compensation or with the intent to receive
01 compensation, of fishing guide services through a fishing guide, of outfitting services, 02 or of fishing club services; "sport fishing services" does not include 03 (A) an activity for which a fishing guide license is required; or 04 (B) booking and other ancillary services provided by a tour 05 broker or agent to a sport fishing services operator. 06 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION; REGULATIONS. The Board of Fisheries and the Department of Fish 09 and Game each may proceed to adopt regulations necessary to implement the changes made 10 by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 11 not before the effective date of the statutory changes. 12 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2005.