CSHB 218(FSH): "An Act relating to salt water sport fishing operators and salt water sport fishing guides; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 218(FSH) 01 "An Act relating to salt water sport fishing operators and salt water sport fishing 02 guides; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 05 (28) Fishing services licenses 06 (A) Salt water sport fishing operator license ...... 400 07 (B) Salt water sport fishing guide license ........ 200 08 (C) Salt water sport fishing operator and guide combined 09 license ........................................ 400. 10 * Sec. 2. AS 16.40 is amended by adding new sections to read: 11 Sec. 16.40.262. Salt water sport fishing operator license. (a) The department 12 shall issue an annual salt water sport fishing operator license to a person who 13 (1) holds a current business license under AS 43.70 to provide services 14 to sport fishermen;
01 (2) presents proof satisfactory to the department of a general liability 02 insurance policy or marine protection and indemnity insurance policy, covering the 03 services provided by the person and the person's employees to sport fishermen; the 04 liability insurance or marine protection and indemnity insurance must be in the 05 amount of at least $100,000 for each incident and $300,000 for all incidents in a year; 06 (3) signs a sworn statement identifying whether the person is a state 07 resident or a nonresident; 08 (4) pays the license fee prescribed by AS 16.05.340(a); and 09 (5) satisfies all additional requirements adopted in regulation by the 10 Board of Fisheries. 11 (b) A person may not provide salt water sport fishing services unless the 12 person is licensed and insured under (a) of this section. 13 (c) A person licensed under this section may contract to provide salt water 14 sport fishing guide services to a sport fisherman through an employee who holds a 15 current salt water sport fishing guide license under AS 16.40.272. 16 (d) A person licensed under this section may not directly provide salt water 17 sport fishing guide services to a sport fisherman unless the person is also licensed as a 18 salt water sport fishing guide or a guide and operator under AS 16.40.272. 19 (e) A person licensed as a salt water sport fishing operator 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 salt water sport fishing guide who is employed by the person or by a sport 23 fisherman who is a client of the person. 24 (f) In this section, "salt water sport fishing services" means the indirect 25 provision of assistance, for compensation or with the intent to receive compensation, 26 to a person engaged in sport fishing in salt water in taking or attempting to take fish or 27 shellfish by a business that employs a salt water sport fishing guide to provide salt 28 water sport fishing guide services to the person during any portion of a sport fishing 29 trip on salt water; "salt water sport fishing services" does not include 30 (1) an activity for which a salt water sport fishing guide license is 31 required; or
01 (2) booking and other ancillary services provided by a tour broker or 02 agent to a salt water sport fishing operator. 03 Sec. 16.40.272. Salt water sport fishing guide license; combined operator 04 and guide license. (a) A natural person may obtain an annual salt water sport fishing 05 guide license if the person 06 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 07 alien; 08 (2) is certified in first aid by the American Red Cross or a similar 09 organization; 10 (3) holds a current sport fishing license from the state; 11 (4) signs a sworn statement identifying whether the person is a state 12 resident or a nonresident; 13 (5) pays the license fee prescribed by AS 16.05.340(a); and 14 (6) satisfies all additional requirements adopted in regulation by the 15 Board of Fisheries. 16 (b) A natural person may obtain an annual salt water sport fishing operator 17 and guide combined license if the person satisfies the requirements for a salt water 18 sport fishing operator license under AS 16.40.262 and for a license under this section 19 and pays the license fee prescribed by AS 16.05.340(a). 20 (c) A person may not provide salt water sport fishing guide services unless the 21 person 22 (1) holds a current salt water sport fishing guide license under (a) or 23 (b) of this section; and 24 (2) holds, or is an employee of a person who holds, a current salt water 25 sport fishing operator license under AS 16.40.262 or (b) of this section. 26 (d) A salt water sport fishing guide may provide salt water sport fishing guide 27 services only to persons who have engaged the services of the salt water sport fishing 28 operator who employs the salt water sport fishing guide. A salt water sport fishing 29 guide may not contract directly with a person to provide salt water sport fishing guide 30 services unless the guide also holds a current salt water sport fishing operator license. 31 (e) While providing salt water sport fishing guide services, a guide shall have
01 readily available for inspection 02 (1) a current license issued under AS 16.05.340(a)(28)(B) or (C); 03 (2) the current licenses, tags, and permits required to engage in the 04 sport fishery for which the salt water sport fishing guide is providing services; 05 (3) a driver's license or valid government-issued photographic 06 identification card; and 07 (4) proof of 08 (A) employment as a salt water sport fishing guide by a person 09 who holds a current license under AS 16.05.340(a)(28)(A) or (C); or 10 (B) current licensure under AS 16.05.340(a)(28)(A) or (C). 11 (f) A salt water sport fishing guide may not 12 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 13 regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or 14 (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a 15 regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably 16 believes is being or will be committed without 17 (A) attempting to prevent it, short of using force; and 18 (B) reporting the violation. 19 Sec. 16.40.282. Reports. (a) The department may collect information from 20 sport fishing guides, including 21 (1) the name and license number of each vessel licensed under 22 AS 16.05.490 that is used in providing sport fishing guide services; 23 (2) the amount of fishing effort, catch, and harvest by clients of a sport 24 fishing guide; 25 (3) the locations fished during the provision of sport fishing guide 26 services; and 27 (4) other information that the department or board requires by 28 regulation. 29 (b) A person who holds a license issued under AS 16.40.262 or 16.40.272 30 shall comply with the reporting requirements in this section and reporting 31 requirements adopted in regulation by the department or board.
01 (c) A person who is required to complete reports under this section may not 02 provide false information or omit material facts in a report. 03 (d) A person who is required to complete reports under this section may not be 04 issued a new license under AS 16.40.262 or 16.40.272 unless the department has 05 received all reports required under this section for the preceding year. 06 (e) Information collected under this section is confidential to the extent 07 provided under AS 16.05.815. 08 (f) The board may adopt regulations under AS 44.62 (Administrative 09 Procedure Act) that it considers necessary to implement this section. 10 Sec. 16.40.292. Penalty. (a) Except as provided in (b) and (c) of this section, a 11 person who knowingly violates AS 16.40.262 - 16.40.301 or a regulation adopted 12 under AS 16.40.262 - 16.40.301 is guilty of a class A misdemeanor. However, this 13 subsection does not apply to the failure to hold a current business license under 14 AS 16.40.262(a)(1) as required under AS 43.70. 15 (b) A person who, without any culpable mental state, violates AS 16.40.272(e) 16 is guilty of a violation. 17 (c) A person who knowingly violates AS 16.40.272(e) or who knowingly fails 18 to comply with a requirement for timely submission of reports required by a regulation 19 adopted under AS 16.40.282(b) is, for a 20 (1) first offense in a three-year period, guilty of a violation; and 21 (2) second or subsequent offense in a three-year period, guilty of a 22 class B misdemeanor. 23 (d) In addition to any other penalty provided by law, a court may revoke the 24 salt water sport fishing guide license of a person who is convicted under (a) or (c)(2) 25 of this section. 26 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 27 Sec. 16.40.301. Definitions. In AS 16.40.262 - 16.40.301, 28 (1) "salt water sport fishing guide" means a person who is licensed to 29 provide salt water sport fishing guide services to persons who are engaged in sport 30 fishing; 31 (2) "salt water sport fishing guide services" means assistance, for
01 compensation or with the intent to receive compensation, to a sport fisherman to take 02 or to attempt to take fish by accompanying or physically directing the sport fisherman 03 in sport fishing activities on salt water during any part of a sport fishing trip; "salt 04 water sport fishing guide services" does not include 05 (A) sport fishing services; or 06 (B) services provided by an assistant, deckhand, or similar 07 person who works directly under the supervision of and on the same vessel as a 08 salt water sport fishing guide. 09 * Sec. 3. AS 25.27.244(s)(2) is amended to read: 10 (2) "license" 11 (A) means, except as provided in (B) of this paragraph, a 12 license, certificate, permit, registration, or other authorization that, at the time 13 of issuance, will be valid for more than 150 days and that may be acquired 14 from a state agency to perform an occupation, including the following: 15 (i) license relating to boxing or wrestling under 16 AS 05.10; 17 (ii) authorization to perform an occupation regulated 18 under AS 08; 19 (iii) teacher certificate under AS 14.20; 20 (iv) authorization under AS 18.08 to perform 21 emergency medical services; 22 (v) asbestos worker certification under AS 18.31; 23 (vi) boiler operator's license under AS 18.60.395; 24 (vii) certificate of fitness under AS 18.62; 25 (viii) hazardous painting certification under AS 18.63; 26 (ix) security guard license under AS 18.65.400 - 27 18.65.490; 28 (x) license relating to insurance under AS 21.27; 29 (xi) employment agency permit under AS 23.15.330 - 30 23.15.520; 31 (xii) registration as a broker-dealer, an agent, an
01 investment adviser, or an investment adviser representative under 02 AS 45.56.300 - 45.56.350; 03 (xiii) certification as a pesticide applicator under 04 AS 46.03.320; 05 (xiv) certification as a storage tank worker or contractor 06 under AS 46.03.375; 07 (xv) certification as a water and wastewater works 08 operator under AS 46.30; 09 (xvi) commercial crewmember fishing license under 10 AS 16.05.480 other than an entry permit or interim-use permit under 11 AS 16.43; 12 (xvii) fish transporter permit under AS 16.05.671; 13 (xviii) salt water sport fishing operator license under 14 AS 16.40.262; 15 (xix) salt water sport fishing guide license under 16 AS 16.40.272; [REPEALED 17 (xix) REPEALED] 18 (B) does not include 19 (i) a vessel license issued under AS 16.05.490 or 20 16.05.530; 21 (ii) a business license issued under AS 43.70; 22 (iii) an entry permit or interim-use permit issued under 23 AS 16.43; or 24 (iv) a driver's license issued under AS 28.15; 25 * Sec. 4. This Act takes effect January 1, 2021.