SB 159: "An Act relating to salt water sport fishing operators and salt water sport fishing guides; and providing for an effective date."
00 SENATE BILL NO. 159 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) pays the license fee prescribed by AS 16.05.340(a); and 07 (4) satisfies all additional requirements adopted in regulation by the 08 Board of Fisheries. 09 (b) A person may not provide salt water sport fishing services unless the 10 person is licensed and insured under (a) of this section. 11 (c) A person licensed under this section may contract to provide salt water 12 sport fishing guide services to a sport fisherman through an employee who holds a 13 current salt water sport fishing guide license under AS 16.40.272. 14 (d) A person licensed under this section may not directly provide salt water 15 sport fishing guide services to a sport fisherman unless the person is also licensed as a 16 salt water sport fishing guide or a guide and operator under AS 16.40.272. 17 (e) A person licensed as a salt water sport fishing operator may not aid in the 18 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 19 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 20 fish, by a salt water sport fishing guide who is employed by the person or by a sport 21 fisherman who is a client of the person. 22 (f) In this section, "salt water sport fishing services" means the indirect 23 provision of assistance, for compensation or with the intent to receive compensation, 24 to a person engaged in sport fishing in salt water in taking or attempting to take fish or 25 shellfish by a business that employs a salt water sport fishing guide to provide salt 26 water sport fishing guide services to the person during any portion of a sport fishing 27 trip on salt water; "salt water sport fishing services" does not include 28 (1) an activity for which a salt water sport fishing guide license is 29 required; or 30 (2) booking and other ancillary services provided by a tour broker or 31 agent to a salt water sport fishing operator.
01 Sec. 16.40.272. Salt water sport fishing guide license; combined operator 02 and guide license. (a) A natural person may obtain an annual salt water sport fishing 03 guide license if the person 04 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 05 alien; 06 (2) is certified in first aid by the American Red Cross or a similar 07 organization; 08 (3) holds a current sport fishing license from the state; 09 (4) pays the license fee prescribed by AS 16.05.340(a); and 10 (5) satisfies all additional requirements adopted in regulation by the 11 Board of Fisheries. 12 (b) A natural person may obtain an annual salt water sport fishing operator 13 and guide combined license if the person satisfies the requirements for a salt water 14 sport fishing operator license under AS 16.40.262 and for a license under this section 15 and pays the license fee prescribed by AS 16.05.340(a). 16 (c) A person may not provide salt water sport fishing guide services unless the 17 person 18 (1) holds a current salt water sport fishing guide license under (a) or 19 (b) of this section; and 20 (2) holds, or is an employee of a person who holds, a current salt water 21 sport fishing operator license under AS 16.40.262 or (b) of this section. 22 (d) A salt water sport fishing guide may provide salt water sport fishing guide 23 services only to persons who have engaged the services of the salt water sport fishing 24 operator who employs the salt water sport fishing guide. A salt water sport fishing 25 guide may not contract directly with a person to provide salt water sport fishing guide 26 services unless the guide also holds a current salt water sport fishing operator license. 27 (e) While providing salt water sport fishing guide services, a guide shall have 28 readily available for inspection 29 (1) a current license issued under AS 16.05.340(a)(28)(B) or (C); 30 (2) the current licenses, tags, and permits required to engage in the 31 sport fishery for which the salt water sport fishing guide is providing services;
01 (3) a driver's license or valid government-issued photographic 02 identification card; and 03 (4) proof of 04 (A) employment as a salt water sport fishing guide by a person 05 who holds a current license under AS 16.05.340(a)(28)(A) or (C); or 06 (B) current licensure under AS 16.05.340(a)(28)(A) or (C). 07 (f) A salt water sport fishing guide may not 08 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 09 regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or 10 (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a 11 regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably 12 believes is being or will be committed without 13 (A) attempting to prevent it, short of using force; and 14 (B) reporting the violation. 15 Sec. 16.40.282. Reports. (a) The department may collect information from 16 sport fishing guides, including 17 (1) the name and license number of each vessel licensed under 18 AS 16.05.490 that is used in providing sport fishing guide services; 19 (2) the amount of fishing effort, catch, and harvest by clients of a sport 20 fishing guide; 21 (3) the locations fished during the provision of sport fishing guide 22 services; and 23 (4) other information that the department or board requires by 24 regulation. 25 (b) A person who holds a license issued under AS 16.40.262 or 16.40.272 26 shall comply with the reporting requirements in this section and reporting 27 requirements adopted in regulation by the department or board. 28 (c) A person who is required to complete reports under this section may not 29 provide false information or omit material facts in a report. 30 (d) A person who is required to complete reports under this section may not be 31 issued a new license under AS 16.40.262 or 16.40.272 unless the department has
01 received all reports required under this section for the preceding year. 02 (e) Information collected under this section is confidential to the extent 03 provided under AS 16.05.815. 04 (f) The board may adopt regulations under AS 44.62 (Administrative 05 Procedure Act) that it considers necessary to implement this section. 06 Sec. 16.40.292. Penalty. (a) Except as provided in (b) and (c) of this section, a 07 person who knowingly violates AS 16.40.262 - 16.40.301 or a regulation adopted 08 under AS 16.40.262 - 16.40.301 is guilty of a class A misdemeanor. However, this 09 subsection does not apply to the failure to hold a current business license under 10 AS 16.40.262(a)(1) as required under AS 43.70. 11 (b) A person who, without any culpable mental state, violates AS 16.40.272(e) 12 is guilty of a violation. 13 (c) A person who knowingly violates AS 16.40.272(e) or who knowingly fails 14 to comply with a requirement for timely submission of reports required by a regulation 15 adopted under AS 16.40.282(b) is, for a 16 (1) first offense in a three-year period, guilty of a violation; and 17 (2) second or subsequent offense in a three-year period, guilty of a 18 class B misdemeanor. 19 (d) In addition to any other penalty provided by law, a court may revoke the 20 salt water sport fishing guide license of a person who is convicted under (a) or (c)(2) 21 of this section. 22 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 23 Sec. 16.40.301. Definitions. In AS 16.40.262 - 16.40.301, 24 (1) "salt water sport fishing guide" means a person who is licensed to 25 provide salt water sport fishing guide services to persons who are engaged in sport 26 fishing; 27 (2) "salt water sport fishing guide services" means assistance, for 28 compensation or with the intent to receive compensation, to a sport fisherman to take 29 or to attempt to take fish by accompanying or physically directing the sport fisherman 30 in sport fishing activities on salt water during any part of a sport fishing trip; "salt 31 water sport fishing guide services" does not include
01 (A) sport fishing services; or 02 (B) services provided by an assistant, deckhand, or similar 03 person who works directly under the supervision of and on the same vessel as a 04 salt water sport fishing guide. 05 * Sec. 3. AS 25.27.244(s)(2) is amended to read: 06 (2) "license" 07 (A) means, except as provided in (B) of this paragraph, a 08 license, certificate, permit, registration, or other authorization that, at the time 09 of issuance, will be valid for more than 150 days and that may be acquired 10 from a state agency to perform an occupation, including the following: 11 (i) license relating to boxing or wrestling under 12 AS 05.10; 13 (ii) authorization to perform an occupation regulated 14 under AS 08; 15 (iii) teacher certificate under AS 14.20; 16 (iv) authorization under AS 18.08 to perform 17 emergency medical services; 18 (v) asbestos worker certification under AS 18.31; 19 (vi) boiler operator's license under AS 18.60.395; 20 (vii) certificate of fitness under AS 18.62; 21 (viii) hazardous painting certification under AS 18.63; 22 (ix) security guard license under AS 18.65.400 - 23 18.65.490; 24 (x) license relating to insurance under AS 21.27; 25 (xi) employment agency permit under AS 23.15.330 - 26 23.15.520; 27 (xii) registration as a broker-dealer, an agent, an 28 investment adviser, or an investment adviser representative under 29 AS 45.56.300 - 45.56.350; 30 (xiii) certification as a pesticide applicator under 31 AS 46.03.320;
01 (xiv) certification as a storage tank worker or contractor 02 under AS 46.03.375; 03 (xv) certification as a water and wastewater works 04 operator under AS 46.30; 05 (xvi) commercial crewmember fishing license under 06 AS 16.05.480 other than an entry permit or interim-use permit under 07 AS 16.43; 08 (xvii) fish transporter permit under AS 16.05.671; 09 (xviii) salt water sport fishing operator license under 10 AS 16.40.262; 11 (xix) salt water sport fishing guide license under 12 AS 16.40.272; [REPEALED 13 (xix) REPEALED] 14 (B) does not include 15 (i) a vessel license issued under AS 16.05.490 or 16 16.05.530; 17 (ii) a business license issued under AS 43.70; 18 (iii) an entry permit or interim-use permit issued under 19 AS 16.43; or 20 (iv) a driver's license issued under AS 28.15; 21 * Sec. 4. This Act takes effect January 1, 2021.