SB 122: "An Act relating to an annual wildlife conservation pass and the fee for that pass; relating to nonresident and nonresident alien big game tag fees; and providing for an effective date."
00 SENATE BILL NO. 122 01 "An Act relating to an annual wildlife conservation pass and the fee for that pass; 02 relating to nonresident and nonresident alien big game tag fees; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 FINDINGS. The legislature finds that 08 (1) the opportunity to view wildlife is a unique and deeply valued part of the 09 experience of living and traveling in this state; 10 (2) the State of Alaska appropriates significant financial resources each year 11 for the purposes of wildlife management; 12 (3) existing law requires most hunters, fishers, and other consumptive users of 13 state wildlife to obtain hunting and fishing licenses and to pay the associated fees; 14 (4) existing law does not assess a fee on nonconsumptive uses of wildlife such
01 as wildlife viewing; 02 (5) the opportunity to view wildlife is a significant component of the 03 experience enjoyed by many Alaskans and visitors through the use of commercial guides, 04 outfitters, tour operators, and providers of transportation in settings where wildlife is present; 05 (6) individuals who do not obtain a hunting or fishing license and employ a 06 commercial provider for an opportunity to view wildlife should bear a portion of the cost of 07 wildlife management in this state. 08 * Sec. 2. AS 16.05 is amended by adding a new section to read: 09 Sec. 16.05.115. Separate accounting for wildlife conservation pass fees. 10 Fees received for annual wildlife conservation passes shall be deposited into a separate 11 account in the general fund. The annual balance in the account may be appropriated 12 by the legislature for the purpose of fish and wildlife management, viewing, and 13 education programs. 14 * Sec. 3. AS 16.05.340(a)(15) is amended to read: 15 (15) Nonresident big game tags 16 A nonresident may not take a big game animal without previously purchasing a 17 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 18 be affixed to the animal immediately upon capture and must remain affixed until the 19 animal is prepared for storage, consumed, or exported. A tag issued but not used for 20 an animal may be used to satisfy the tagging requirement for an animal of any other 21 species for which the tag fee is of equal or less value. 22 (A) Bear, black, each .........................................................$225 23 (B) Bear, brown or grizzly, each .........................................500 24 (C) Bison, each ....................................................................450 25 (D) Caribou, each ......................................................400 [325] 26 (E) Deer, each ......................................................................150 27 (F) Elk, each ........................................................................300 28 (G) Goat, each ...........................................................400 [300] 29 (H) Moose, each ........................................................450 [400] 30 (I) Sheep, each ...........................................................500 [425] 31 (J) Wolf, each ........................................................................30
01 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 02 game management unit if the Board of Game has adopted an intensive 03 management program under AS 16.05.255 for all or a portion of the game 04 management unit. 05 (K) Wolverine, each ............................................................175 06 (L) Musk oxen, each .........................................................1,100 07 * Sec. 4. AS 16.05.340(a)(21) is amended to read: 08 (21) Nonresident alien big game tags 09 (A) Bear, black, each ....................................................... $300 10 (B) Bear, brown or grizzly, each ....................................... 650 11 (C) Bison, each .................................................................. 650 12 (D) Caribou, each .................................................... 500 [425] 13 (E) Deer, each .................................................................... 200 14 (F) Elk, each ...................................................................... 400 15 (G) Goat, each ......................................................... 500 [400] 16 (H) Moose, each ...................................................... 550 [500] 17 (I) Musk oxen, each ........................................................ 1,500 18 (J) Sheep, each ......................................................... 625 [550] 19 (K) Wolf, each ..................................................................... 50 20 A nonresident alien is not required to have a nonresident alien wolf tag to take a wolf 21 in a game management unit if the Board of Game has adopted an intensive 22 management program under AS 16.05.255 for all or a portion of the game 23 management unit. 24 (L) Wolverine, each......................................................250 25 * Sec. 5. AS 16.05.350(a) is amended to read: 26 (a) Licenses, permits, annual wildlife conservation passes, and tags required 27 under AS 16.05.330 - 16.05.430, except biennial licenses, triennial licenses, the 28 nonresident sport fishing licenses, the resident trapping license, the nonresident 29 anadromous king salmon tags, the waterfowl conservation tag, and permits having a 30 different specified expiration date, expire at the close of December 31 following 31 issuance.
01 * Sec. 6. AS 16.05.360(a) is amended to read: 02 (a) The commissioner or an authorized deputy shall issue each license, [AND] 03 tag, and annual wildlife conservation pass to a qualified person under written 04 application containing such reasonable information as required by the commissioner. 05 The commissioner shall designate the license, [AND] tag, and annual wildlife 06 conservation pass form or type. For purposes of the issuance of licenses and tags, 07 the [THE] form or type must be sufficient to identify and locate the applicant and 08 establish the applicant's status as to residency and citizenship. Each application shall 09 be subscribed by the applicant. 10 * Sec. 7. AS 16.05.380 is amended to read: 11 Sec. 16.05.380. Commissioner may appoint agents. The commissioner may 12 appoint state employees or other persons to take applications, issue licenses, permits, 13 annual wildlife conservation passes, and tags, and collect fees. The commissioner is 14 not liable for defalcation or failure to account for the fees collected by any person so 15 appointed, but the commissioner shall require a bond in an adequate sum, conditioned 16 upon faithfully accounting for all money collected. However, the commissioner may 17 waive the bond requirements of an instrumentality of the United States or its agents 18 and employees when the instrumentality or its agents or employees sell licenses, 19 permits, annual wildlife conservation passes, or tags primarily to persons in the 20 armed forces. Each person, upon appointment by the commissioner, may administer 21 oaths on applications for licenses, permits, annual wildlife conservation passes, and 22 tags. 23 * Sec. 8. AS 16.05.390(a) is amended to read: 24 (a) Except as provided in (e) of this section, an agent appointed by the 25 commissioner under AS 16.05.380 to sell licenses, permits, annual wildlife 26 conservation passes, and tags is entitled to 27 (1) retain five percent of the fee that is charged for a license, permit, 28 annual wildlife conservation pass, or tag or 25 cents for each license, permit, annual 29 wildlife conservation pass, or tag sold, whichever is greater; and 30 (2) compensation of $50 per year or $1 for each license, permit, 31 annual wildlife conservation pass, or tag sold during the year, whichever is greater.
01 * Sec. 9. AS 16.05.390(b) is amended to read: 02 (b) Each agent appointed to sell licenses, permits, annual wildlife 03 conservation passes, or tags under AS 16.05.380 shall, as directed by the 04 commissioner, transmit the proceeds from the sales of licenses, permits, annual 05 wildlife conservation passes, and tags, except the amount authorized to be retained 06 under (a)(1) of this section, together with a report of the sales, to the commissioner for 07 deposit in the fish and game fund or the general fund. 08 * Sec. 10. AS 16.05.390(c) is amended to read: 09 (c) On March 31, June 30, September 30, and December 31 of each year the 10 commissioner shall calculate the compensation earned by an agent under (a)(2) of this 11 section, minus the penalties assessed under (g) of this section. If the compensation 12 due exceeds $50, the commissioner shall pay the compensation not later than 30 days 13 after the date for which the compensation was calculated. If the compensation due is 14 $50 or less, the commissioner shall pay the compensation not later than January 30 of 15 the year following the year in which the compensation was earned. The commissioner 16 shall pay compensation only for sales of licenses, permits, annual wildlife 17 conservation passes, or tags for which the commissioner has received the report and 18 proceeds required to be transmitted under (b) of this section. 19 * Sec. 11. AS 16.05.390(e) is amended to read: 20 (e) The provisions of (a) of this section do not apply to a state employee 21 appointed by the commissioner under AS 16.05.380 to sell licenses, permits, annual 22 wildlife conservation passes, and tags. 23 * Sec. 12. AS 16.05.390(f) is amended to read: 24 (f) Proceeds and reports under (b) of this section shall be transmitted to the 25 commissioner by the last day of the month following the month in which the licenses, 26 permits, annual wildlife conservation passes, and tags are sold, unless an alternative 27 reporting schedule has been established by contract. 28 * Sec. 13. AS 16.05 is amended by adding a new section to read: 29 Sec. 16.05.417. Annual wildlife conservation pass. (a) Without having a 30 valid annual wildlife conservation pass in actual possession, a person may not use the 31 services of a commercial provider for an opportunity to view public wildlife in this
01 state. 02 (b) The fee for an annual wildlife conservation pass is $15. 03 (c) An annual wildlife conservation pass is not required of 04 (1) a person under the age of 16 years; 05 (2) a resident who is 60 years of age or more and possesses a 06 permanent identification card issued under AS 16.05.400(b); 07 (3) a resident who possesses a permanent state identification card 08 issued under AS 18.65.310 or a resident who possesses a voter registration card issued 09 under AS 15.07.070, to the extent allowed by law; 10 (4) a person who possesses a valid, current year sport fishing license, 11 hunting license, trapping license, or a combination sport fishing, hunting, or trapping 12 license; 13 (5) a person who possesses a valid commercial fishing license or 14 commercial fishing entry permit or interim-use permit; 15 (6) a person who is a disabled veteran qualified to receive a free 16 hunting and sport fishing license under AS 16.05.341; 17 (7) a person traveling on a vessel of the Alaska marine highway 18 system. 19 (d) A commercial provider for an opportunity to view public wildlife may not 20 provide service, equipment, or facilities to a person who 21 (1) does not have a valid annual wildlife conservation pass in actual 22 possession; and 23 (2) is required to possess an annual wildlife conservation pass under 24 this section. 25 (e) In this section, 26 (1) "commercial provider for an opportunity to view public wildlife" 27 means a person, company, or organization that provides to a person, for compensation 28 or with the intent to receive compensation, touring or recreational service, equipment, 29 or facilities in the field, or transportation to or in the field related to tourism or 30 recreation, and includes persons, companies, and organizations that provide to a 31 person outfitting, guiding, sightseeing, flightseeing, rafting, kayaking, touring,
01 accompanied hiking, bus and motorcoach service, cruise ship or charter service, and 02 railroad transportation, or any other opportunity for viewing public wildlife; 03 (2) "field" means 04 (A) an area in this state outside of established year-round 05 dwellings, businesses, or other developments usually associated with a city, 06 town, or village, but does not include permanent hotels or roadhouses on the 07 state road system or state or federally maintained airports; 08 (B) areas in this state within or near a city, town, village or 09 year-round dwellings used for public wildlife viewing; and 10 (C) the marine and inland waters of this state; 11 (3) "public wildlife" means wild or feral fish and game; in this 12 paragraph, 13 (A) "fish" has the meaning given in AS 16.05.940; 14 (B) "game" has the meaning given in AS 16.05.940; 15 (4) "transportation" means the carriage of persons on a railroad, 16 automobile, bus, motorcoach, taxi, boat, snowmobile, cruise ship, air taxi, aircraft, or 17 any other mode of transport; "transportation" does not include 18 (A) carriage by aircraft on nonstop flights listed in the Alaska 19 Supplement to the Airmen's Guide published by the Federal Aviation 20 Administration; 21 (B) a method of transportation determined by the commissioner 22 by regulation not to have a significant opportunity for public wildlife viewing. 23 * Sec. 14. AS 16.05.420 is amended to read: 24 Sec. 16.05.420. License, pass, tag, and permit violations. (a) A false 25 statement of a material fact in an application for a license, annual wildlife 26 conservation pass, tag, or permit issued under AS 16.05.330 - 16.05.430 voids the 27 license, annual wildlife conservation pass, tag, or permit for which the application is 28 made. 29 (b) A person may not make a false statement, or omit a material fact, in an 30 application for a license, annual wildlife conservation pass, tag, or permit issued 31 under AS 16.05.330 - 16.05.430. A person who without any culpable mental state
01 makes a false statement as to the person's identity or residency in an application for a 02 license, annual wildlife conservation pass, tag, or permit issued under 03 AS 16.05.330 - 16.05.430 is guilty of a violation and upon conviction is punishable by 04 a fine of not more than $300. A person who knowingly violates this subsection is 05 guilty of a class A misdemeanor. 06 (c) A person to whom a license, annual wildlife conservation pass, or tag has 07 been issued under this chapter may not alter, change, loan, or transfer the license or 08 tag. A person may not use a license, annual wildlife conservation pass, or tag that 09 has been issued under this chapter to another person. 10 * Sec. 15. Sections 3 and 4 of this Act take effect January 1, 2004. 11 * Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect July 1, 2003.