CSHB 452(L&C): "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 452(L&C) 01 "An Act relating to licensing and regulation of sport fishing operators and sport fishing 02 guides; authorizing the Department of Fish and Game and the Alaska Commercial 03 Fisheries Entry Commission to release records and reports to the Department of 04 Natural Resources; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 07 (26) Fishing services licenses 08 (A) Sport fishing operator license.....................................$100 09 (B) Sport fishing guide license..............................................50 10 (C) Sport fishing operator and sport fishing 11 guide combined license................................................................................100 12 * Sec. 2. AS 16.05.815(a) is amended to read: 13 (a) Except as provided in (b) and (c) of this section, records required by 14 regulations of the department concerning the landings of fish, shellfish, or fishery
01 products, and annual statistical reports of fishermen, buyers, and processors required 02 by regulation of the department are confidential and may not be released by the 03 department or by the Alaska Commercial Fisheries Entry Commission except as set 04 out in this subsection. The department may release the records and reports set out in 05 this subsection to the Alaska Commercial Fisheries Entry Commission. The 06 department and the Alaska Commercial Fisheries Entry Commission may release the 07 records and reports set out in this subsection to the recipients identified in this 08 subsection if the recipient, other than a recipient under (5) - (9) of this subsection, 09 agrees to maintain the confidentiality of the records and reports. The department and 10 the Alaska Commercial Fisheries Entry Commission may release 11 (1) any of the records and reports to the National Marine Fisheries 12 Service and the professional staff of the North Pacific Fishery Management Council as 13 required for preparation and implementation of the fishery management plans of the 14 North Pacific Fishery Management Council within the exclusive economic zone; 15 (2) any of the records and reports to the professional staff of the 16 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 17 Information Network project for the purpose of exchanging information with users 18 authorized by the department; 19 (3) any of the records and reports to the Department of Revenue or the 20 Department of Natural Resources to assist the department [DEPARTMENT OF 21 REVENUE] in carrying out its statutory responsibilities; 22 (4) records or reports of the total value purchased by each buyer to a 23 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 24 municipality requires records of the landings of fish, shellfish, or fishery products to 25 be submitted to it for purposes of verification of taxes payable; 26 (5) such records and reports as necessary to be in conformity with a 27 court order; 28 (6) on request, the report of a person to the person whose fishing 29 activity is the subject of the report, or to a designee of the person whose fishing 30 activity is the subject of the report; 31 (7) on request, annual statistical reports of a fisherman, buyer, or
01 processor to the fisherman, buyer, or processor whose activity is the subject of the 02 report, or to a designee of the fisherman, buyer, or processor whose activity is the 03 subject of the report; 04 (8) fish tickets, fish ticket information, saltwater charter logbooks, 05 saltwater charter logbook information, and annual statistical reports of fishermen, 06 buyers, and processors and information in those reports to the Department of Public 07 Safety; 08 (9) fish tickets, fish ticket information, and annual statistical reports of 09 fishermen, buyers, and processors and information in those reports to the law 10 enforcement personnel of the National Marine Fisheries Service and the National 11 Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in 12 waters of this state and in waters of the exclusive economic zone adjacent to this state; 13 (10) fish tickets and fish ticket information regarding halibut to the 14 International Pacific Halibut Commission; and 15 (11) any of the records and reports to the child support enforcement 16 agency created in AS 25.27.010, or the child support enforcement agency of another 17 state, for child support purposes authorized under law. 18 * Sec. 3. AS 16.40 is amended by adding new sections to read: 19 Article 6. Sport Fishing Services. 20 Sec. 16.40.260. Sport fishing operator license. (a) The department shall 21 issue an annual sport fishing operator license to a person who 22 (1) holds a current business license under AS 43.70 to provide services 23 to sport fishermen; 24 (2) presents proof satisfactory to the department of a general liability 25 insurance policy or marine protection and indemnity insurance policy, covering the 26 services provided by the person and person's employees to sport fishermen, that 27 provides coverage of at least $100,000 for each incident, and $300,000 for all 28 incidents in a year; 29 (3) pays the license fee prescribed by AS 16.05.340(a); and 30 (4) satisfies all additional requirements adopted in regulation by the 31 Board of Fisheries.
01 (b) A person may not provide sport fishing services unless the person holds a 02 current sport fishing operator license and has current insurance coverage as required in 03 (a)(2) of this section. 04 (c) A person who holds a current sport fishing operator license may contract to 05 provide sport fishing guide services to a sport fisherman through an employee who 06 holds a current sport fishing guide license under AS 16.40.270. 07 (d) A person who holds a current sport fishing operator license may not 08 directly provide sport fishing guide services to a sport fisherman unless the person also 09 holds a current sport fishing guide license under AS 16.40.270(b). 10 (e) A person who holds a sport fishing operator license may not aid in the 11 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 12 AS 16.05 - AS 16.40 by a sport fishing guide who is employed by the person or by a 13 sport fisherman who is a client of the person. 14 Sec. 16.40.270. Sport fishing guide license. (a) A natural person may obtain 15 an annual sport fishing guide license if the person 16 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 17 alien; 18 (2) is certified in first aid by the American Red Cross or a similar 19 organization; 20 (3) holds a license to carry passengers for hire issued by the United 21 States Coast Guard if the person operates a vessel in the provision of sport 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 (4) holds a current sport fishing license from this state; 25 (5) pays the license fee prescribed by AS 16.05.340(a); and 26 (6) satisfies all additional requirements adopted in regulation by the 27 Board of Fisheries. 28 (b) A natural person may obtain an annual sport fishing operator and sport 29 fishing guide combined license if the person satisfies the requirements for a sport 30 fishing operator license under AS 16.40.260 and for a sport fishing guide license under 31 this section and pays the license fee prescribed by AS 16.05.340(a).
01 (c) A person may not provide sport fishing guide services unless the person 02 (1) holds a current sport fishing guide license; and 03 (2) holds a current sport fishing operator license or is an employee of a 04 person who holds a current sport fishing operator license. 05 (d) A sport fishing guide may provide sport fishing guide services only to 06 persons who have engaged the services of the sport fishing operator by whom the 07 sport fishing guide is employed. A sport fishing guide may not contract directly with 08 a person to provide sport fishing guide services to a person unless the sport fishing 09 guide also holds a current sport fishing operator license. 10 (e) While engaged in providing sport fishing guide services, a sport fishing 11 guide shall physically possess 12 (1) a current sport fishing guide license; 13 (2) the current licenses, tags, and permits that are required to engage in 14 the sport fishery for which the sport fishing guide services are being provided; 15 (3) a driver's license or similar identification card that is issued by a 16 state or federal agency and that bears a photograph of the fishing guide; 17 (4) proof of 18 (A) employment as a sport fishing guide by a person who holds 19 a current sport fishing operator license; or 20 (B) current licensure as a sport fishing operator; 21 (5) proof of current certification in first aid by the American Red Cross 22 or a similar organization; and 23 (6) proof of licensure by the United States Coast Guard to carry 24 passengers for hire if the sport fishing guide operates a vessel in the provision of sport 25 fishing guide services and the license is required by the United States Coast Guard for 26 the area in which the sport fishing guide provides sport fishing guide services. 27 (f) A sport fishing guide may not 28 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 29 regulation adopted under AS 16.05 - AS 16.40 by a client of the sport fishing guide; or 30 (2) permit the commission by a client of the sport fishing guide of a 31 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40
01 that the sport fishing guide knows or reasonably believes is being or will be committed 02 without 03 (A) attempting to prevent it, short of using force; and 04 (B) reporting the violation. 05 Sec. 16.40.280. Reports. (a) The department shall collect information from 06 sport fishing guides, including 07 (1) the name and license number of each vessel licensed under 08 AS 16.05.490 that is used in providing sport fishing guide services; 09 (2) the amount of fishing effort, catch, and harvest by clients of a sport 10 fishing guide; 11 (3) the locations fished during the provision of sport fishing guide 12 services; and 13 (4) other information that the department or board requires by 14 regulation. 15 (b) A person who holds a license issued under AS 16.40.260 or 16.40.270 16 shall comply with the reporting requirements in this section and reporting 17 requirements adopted in regulation by the department or board. 18 (c) A person who is required to complete reports under this section may not 19 provide false information or omit material facts in a report. 20 (d) A person who is required to complete reports under this section may not be 21 issued a new license under AS 16.40.260 or 16.40.270 unless the department has 22 received all reports required under this section for the preceding year. 23 (e) Information collected under this section is confidential to the extent 24 provided under AS 16.05.815. 25 (f) The department or board may adopt regulations under AS 44.62 26 (Administrative Procedure Act) that it considers necessary to implement this section. 27 Sec. 16.40.290. Penalty. (a) Except as provided in (b) and (c) of this section, 28 a person who knowingly violates AS 16.40.260 - 16.40.299 or a regulation adopted 29 under AS 16.40.260 - 16.40.299 is guilty of a class A misdemeanor. 30 (b) A person who, without any culpable mental state, violates AS 16.40.270(e) 31 is guilty of a violation and upon conviction is punishable by a fine of not more than
01 $500. 02 (c) A person who knowingly violates AS 16.40.270(e) is, for a 03 (1) first offense in a three-year period, guilty of a violation and upon 04 conviction is punishable by a fine of not more than $500; and 05 (2) second or subsequent offense in a three-year period, guilty of a 06 class B misdemeanor. 07 (d) In addition to any other penalty provided by law, a court may revoke the 08 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 09 section. 10 (e) In this section, "knowingly" has the meaning given in AS 11.81.900. 11 Sec. 16.40.299. Definitions. In AS 16.40.260 - 16.40.299, 12 (1) "sport fishing guide" means a person who is licensed to provide 13 sport fishing guide services to persons who are engaged in sport fishing; 14 (2) "sport fishing guide services" means assistance, for compensation 15 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 16 take fish by accompanying or physically directing the sport fisherman in sport fishing 17 activities during any part of a sport fishing trip; "sport fishing guide services" does not 18 include 19 (A) sport fishing services; or 20 (B) services provided by an assistant, deckhand, or similar 21 person who works directly under the supervision of and on the same vessel as a 22 sport fishing guide; 23 (3) "sport fishing services" means the indirect provision of assistance, 24 for compensation or with the intent to receive compensation, to a person engaged in 25 sport fishing in taking or attempting to take fish or shellfish by a business that 26 employs a sport fishing guide to provide sport fishing guide services to the person 27 during any portion of a sport fishing trip; "sport fishing services" does not include 28 (A) an activity for which a sport fishing guide license is 29 required; or 30 (B) booking and other ancillary services provided by a tour 31 broker or agent to a sport fishing services operator.
01 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION; REGULATIONS. The Board of Fisheries and the Department of Fish 04 and Game each may proceed to adopt regulations necessary to implement the changes made 05 by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 06 not before the effective date of the statutory changes. 07 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2005.