SCS CSHB 452(RES): "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; relating to licensing and registration of sport fishing vessels; 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 the Department of Public Safety; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) 01 "An Act relating to licensing and regulation of sport fishing operators and sport fishing 02 guides; relating to licensing and registration of sport fishing vessels; authorizing the 03 Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission 04 to release records and reports to the Department of Natural Resources and the 05 Department of Public Safety; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 08 (26) Fishing services licenses 09 (A) Sport fishing operator license.....................................$100 10 (B) Sport fishing guide license..............................................50 11 (C) Sport fishing operator and sport fishing 12 guide combined license............................................................................................ 13 * Sec. 2. AS 16.05 is amended by adding a new section to read:
01 Sec. 16.05.395. Sport fishing vessel registration. For calendar year 2005 02 and subsequent calendar years, a person may not use a vessel to provide sport fishing 03 services under AS 16.40.260 - 16.40.299 unless the vessel is registered with the 04 department and proof of registration is attached to and clearly visible on the vessel 05 while the vessel is used to provide sport fishing services. The department shall 06 register vessels used to provide sport fishing services, and provide proof of 07 registration, without charge. The department may adopt regulations as the department 08 finds necessary to implement this section. 09 * Sec. 3. AS 16.05.420 is amended to read: 10 Sec. 16.05.420. License, tag, [AND] permit, and registration violations. 11 (a) A false statement of a material fact in an application for a license, tag, [OR] 12 permit, and sport fishing vessel registration issued under AS 16.05.330 - 16.05.430 13 voids the license, tag, [OR] permit, or registration for which the application is made. 14 (b) A person may not make a false statement, or omit a material fact, in an 15 application for a license, tag, [OR] permit, or sport fishing vessel registration issued 16 under AS 16.05.330 - 16.05.430. A person who without any culpable mental state 17 makes a false statement as to the person's identity or residency in an application for a 18 license, tag, [OR] permit, or sport fishing vessel registration issued under 19 AS 16.05.330 - 16.05.430 is guilty of a violation and upon conviction is punishable by 20 a fine of not more than $300. A person who knowingly violates this subsection is 21 guilty of a class A misdemeanor. 22 (c) A person to whom a license, [OR] tag, or sport fishing vessel registration 23 has been issued under this chapter may not alter, change, loan, or transfer the license, 24 [OR] tag, or sport fishing vessel registration. A person may not use a license, [OR] 25 tag, or sport fishing vessel registration that has been issued under this chapter to 26 another person. 27 * Sec. 4. AS 16.05.490(a) is amended to read: 28 (a) As a condition to delivery or landing of fish or engaging in commercial 29 fishing in the state, a license is required for a commercial vessel [, INCLUDING A 30 VESSEL USED IN CHARTER SERVICE FOR THE RECREATIONAL TAKING 31 OF FISH AND SHELLFISH].
01 * Sec. 5. AS 16.05.815(a) is amended to read: 02 (a) Except as provided in (b) and (c) of this section, records required by 03 regulations of the department concerning the landings of fish, shellfish, or fishery 04 products, and annual statistical reports of fishermen, buyers, and processors required 05 by regulation of the department are confidential and may not be released by the 06 department or by the Alaska Commercial Fisheries Entry Commission except as set 07 out in this subsection. The department may release the records and reports set out in 08 this subsection to the Alaska Commercial Fisheries Entry Commission. The 09 department and the Alaska Commercial Fisheries Entry Commission may release the 10 records and reports set out in this subsection to the recipients identified in this 11 subsection if the recipient, other than a recipient under (5) - (9) of this subsection, 12 agrees to maintain the confidentiality of the records and reports. The department and 13 the Alaska Commercial Fisheries Entry Commission may release 14 (1) any of the records and reports to the National Marine Fisheries 15 Service and the professional staff of the North Pacific Fishery Management Council as 16 required for preparation and implementation of the fishery management plans of the 17 North Pacific Fishery Management Council within the exclusive economic zone; 18 (2) any of the records and reports to the professional staff of the 19 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 20 Information Network project for the purpose of exchanging information with users 21 authorized by the department; 22 (3) any of the records and reports to the Department of Revenue to 23 assist the department [DEPARTMENT OF REVENUE] in carrying out its statutory 24 responsibilities; 25 (4) records or reports of the total value purchased by each buyer to a 26 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 27 municipality requires records of the landings of fish, shellfish, or fishery products to 28 be submitted to it for purposes of verification of taxes payable; 29 (5) such records and reports as necessary to be in conformity with a 30 court order; 31 (6) on request, the report of a person to the person whose fishing
01 activity is the subject of the report, or to a designee of the person whose fishing 02 activity is the subject of the report; 03 (7) on request, annual statistical reports of a fisherman, buyer, or 04 processor to the fisherman, buyer, or processor whose activity is the subject of the 05 report, or to a designee of the fisherman, buyer, or processor whose activity is the 06 subject of the report; 07 (8) any of the records and reports [FISH TICKETS, FISH TICKET 08 INFORMATION, SALTWATER CHARTER LOGBOOKS, SALTWATER 09 CHARTER LOGBOOK INFORMATION, AND ANNUAL STATISTICAL 10 REPORTS OF FISHERMEN, BUYERS, AND PROCESSORS AND 11 INFORMATION IN THOSE REPORTS] to the Department of Public Safety for law 12 enforcement purposes; 13 (9) fish tickets, fish ticket information, and annual statistical reports of 14 fishermen, buyers, and processors and information in those reports to the law 15 enforcement personnel of the National Marine Fisheries Service and the National 16 Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in 17 waters of this state and in waters of the exclusive economic zone adjacent to this state; 18 (10) fish tickets and fish ticket information regarding halibut to the 19 International Pacific Halibut Commission; [AND] 20 (11) any of the records and reports to the child support enforcement 21 agency created in AS 25.27.010, or the child support enforcement agency of another 22 state, for child support purposes authorized under law; and 23 (12) any of the records and reports to the Department of Natural 24 Resources to assist the department in carrying out its statutory responsibilities in 25 regard to sport fishing operations and sport fishing guides within the Kenai River 26 Special Management Area under AS 41.21.500 - 41.21.514. 27 * Sec. 6. AS 16.40 is amended by adding new sections to read: 28 Article 6. Sport Fishing Services. 29 Sec. 16.40.260. Sport fishing operator license. (a) The department shall 30 issue an annual sport fishing operator license to a person who 31 (1) holds a current business license under AS 43.70 to provide services
01 to sport fishermen; 02 (2) presents proof satisfactory to the department of a general liability 03 insurance policy or marine protection and indemnity insurance policy, covering the 04 services provided by the person and person's employees to sport fishermen, that 05 provides coverage of at least $100,000 for each incident, and $300,000 for all 06 incidents in a year; 07 (3) pays the license fee prescribed by AS 16.05.340(a); and 08 (4) satisfies all additional requirements adopted in regulation by the 09 Board of Fisheries. 10 (b) A person may not provide sport fishing services unless the person holds a 11 current sport fishing operator license and has current insurance coverage as required in 12 (a)(2) of this section. 13 (c) A person who holds a current sport fishing operator license may contract to 14 provide sport fishing guide services to a sport fisherman through an employee who 15 holds a current sport fishing guide license under AS 16.40.270. 16 (d) A person who holds a current sport fishing operator license may not 17 directly provide sport fishing guide services to a sport fisherman unless the person also 18 holds a current sport fishing guide license under AS 16.40.270(b). 19 (e) A person who holds a sport fishing operator license may not aid in the 20 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 21 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 22 fish, by a sport fishing guide who is employed by the person or by a sport fisherman 23 who is a client of the person. 24 Sec. 16.40.270. Sport fishing guide license. (a) A natural person may obtain 25 an annual sport fishing guide license if the person 26 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 27 alien; 28 (2) is certified in first aid by the American Red Cross or a similar 29 organization; 30 (3) holds a license to carry passengers for hire issued by the United 31 States Coast Guard if the person operates a vessel in the provision of sport fishing
01 guide services and the license is required by the United States Coast Guard for the area 02 in which the fishing guide provides fishing guide services; 03 (4) holds a current sport fishing license from this state; 04 (5) pays the license fee prescribed by AS 16.05.340(a); and 05 (6) satisfies all additional requirements adopted in regulation by the 06 Board of Fisheries. 07 (b) A natural person may obtain an annual sport fishing operator and sport 08 fishing guide combined license if the person satisfies the requirements for a sport 09 fishing operator license under AS 16.40.260 and for a sport fishing guide license under 10 this section and pays the license fee prescribed by AS 16.05.340(a). 11 (c) A person may not provide sport fishing guide services unless the person 12 (1) holds a current sport fishing guide license; and 13 (2) holds a current sport fishing operator license or is an employee of a 14 person who holds a current sport fishing operator license. 15 (d) A sport fishing guide may provide sport fishing guide services only to 16 persons who have engaged the services of the sport fishing operator by whom the 17 sport fishing guide is employed. A sport fishing guide may not contract directly with 18 a person to provide sport fishing guide services to a person unless the sport fishing 19 guide also holds a current sport fishing operator license. 20 (e) While engaged in providing sport fishing guide services, a sport fishing 21 guide shall have readily available for inspection 22 (1) a current sport fishing guide license; 23 (2) the current licenses, tags, and permits that are required to engage in 24 the sport fishery for which the sport fishing guide services are being provided; 25 (3) a driver's license or similar identification card that is issued by a 26 state or federal agency and that bears a photograph of the fishing guide; and 27 (4) proof of 28 (A) employment as a sport fishing guide by a person who holds 29 a current sport fishing operator license; or 30 (B) current licensure as a sport fishing operator. 31 (f) A sport fishing guide may not
01 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 02 regulation adopted under AS 16.05 - AS 16.40 by a client of the sport fishing guide; or 03 (2) permit the commission by a client of the sport fishing guide of a 04 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 05 that the sport fishing guide knows or reasonably believes is being or will be committed 06 without 07 (A) attempting to prevent it, short of using force; and 08 (B) reporting the violation. 09 Sec. 16.40.280. Reports. (a) The department may collect information from 10 sport fishing guides, including 11 (1) the name and license number of each vessel licensed under 12 AS 16.05.490 that is used in providing sport fishing guide services; 13 (2) the amount of fishing effort, catch, and harvest by clients of a sport 14 fishing guide; 15 (3) the locations fished during the provision of sport fishing guide 16 services; and 17 (4) other information that the department or board requires by 18 regulation. 19 (b) A person who holds a license issued under AS 16.40.260 or 16.40.270 20 shall comply with the reporting requirements in this section and reporting 21 requirements adopted in regulation by the department or board. The department and 22 the board may adopt by regulation requirements for timely submission of reports 23 required under this section or under regulations adopted by the department or board. 24 (c) A person who is required to complete reports under this section may not 25 provide false information or omit material facts in a report. 26 (d) A person who is required to complete reports under this section may not be 27 issued a new license under AS 16.40.260 or 16.40.270 unless the department has 28 received all reports required under this section for the preceding year. 29 (e) Information collected under this section is confidential to the extent 30 provided under AS 16.05.815. 31 (f) The department or board may adopt regulations under AS 44.62
01 (Administrative Procedure Act) that it considers necessary to implement this section. 02 Sec. 16.40.290. Penalty. (a) Except as provided in (b) and (c) of this section, 03 a person who knowingly violates AS 16.40.260 - 16.40.299 or a regulation adopted 04 under AS 16.40.260 - 16.40.299 is guilty of a class A misdemeanor. 05 (b) A person who, without any culpable mental state, violates AS 16.40.270(e) 06 is guilty of a violation. 07 (c) A person who knowingly violates AS 16.40.270(e) or who knowingly fails 08 to comply with a requirement for timely submission of reports required by a regulation 09 adopted under AS 16.40.280(b) is, for a 10 (1) first offense in a three-year period, guilty of a violation; and 11 (2) second or subsequent offense in a three-year period, guilty of a 12 class B misdemeanor. 13 (d) In addition to any other penalty provided by law, a court may revoke the 14 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 15 section. 16 (e) In this section, "knowingly" has the meaning given in AS 11.81.900. 17 Sec. 16.40.299. Definitions. In AS 16.40.260 - 16.40.299, 18 (1) "sport fishing guide" means a person who is licensed to provide 19 sport fishing guide services to persons who are engaged in sport fishing; 20 (2) "sport fishing guide services" means assistance, for compensation 21 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 22 take fish by accompanying or physically directing the sport fisherman in sport fishing 23 activities during any part of a sport fishing trip; "sport fishing guide services" does not 24 include 25 (A) sport fishing services; or 26 (B) services provided by an assistant, deckhand, or similar 27 person who works directly under the supervision of and on the same vessel as a 28 sport fishing guide; 29 (3) "sport fishing services" means the indirect provision of assistance, 30 for compensation or with the intent to receive compensation, to a person engaged in 31 sport fishing in taking or attempting to take fish or shellfish by a business that
01 employs a sport fishing guide to provide sport fishing guide services to the person 02 during any portion of a sport fishing trip; "sport fishing services" does not include 03 (A) an activity for which a sport fishing guide license is 04 required; or 05 (B) booking and other ancillary services provided by a tour 06 broker or agent to a sport fishing services operator. 07 * Sec. 7. AS 25.27.244(s)(2)(A) is amended by adding new sub-subparagraphs to read: 08 (xviii) sport fishing operator license under 09 AS 16.40.260; 10 (xix) sport fishing guide license under AS 16.40.270; 11 * Sec. 8. AS 16.05.340(a)(26); AS 16.40.260, 16.40.270, 16.40.280, 16.40.290, 16.40.299; 12 AS 25.27.244(s)(2)(A)(xviii), and 25.27.244(s)(2)(A)(xix) are repealed January 1, 2010. 13 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION; REGULATIONS. The Board of Fisheries and the Department of Fish 16 and Game each may proceed to adopt regulations necessary to implement the changes made 17 by secs. 1, 3, 4, 5, and 6 of this Act. The regulations take effect under AS 44.62 18 (Administrative Procedure Act), but not before the effective date of the statutory changes. 19 * Sec. 10. Sections 2 and 9 of this Act take effect immediately under AS 01.10.070(c). 20 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect January 1, 2005.