CSHB 79(FSH): "An Act relating to sport fishing operators and sport fishing guides; requiring the Department of Fish and Game to prepare and submit a report; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 79(FSH) 01 "An Act relating to sport fishing operators and sport fishing guides; requiring the 02 Department of Fish and Game to prepare and submit a report; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 06 (28) Fishing services licenses 07 (A) Sport fishing operator license ............. 200 08 (B) Sport fishing guide license ............... 100 09 (C) Sport fishing operator and guide combined license ... 200. 10 * Sec. 2. AS 16.40 is amended by adding new sections to read: 11 Sec. 16.40.262. Sport fishing operator license. (a) The department shall issue 12 an annual 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 sport fishing services unless the person is 10 licensed and insured under (a) of this section. 11 (c) A person licensed under this section may contract to provide sport fishing 12 guide services to a sport fisherman through an employee who holds a current sport 13 fishing guide license under AS 16.40.272. 14 (d) A person licensed under this section may not directly provide sport fishing 15 guide services to a sport fisherman unless the person is also licensed as a sport fishing 16 guide or holds a combined operator and guide license under AS 16.40.272. 17 (e) A person licensed as a 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 sport fishing guide who is employed by the person or by a sport fisherman 21 who is a client of the person. 22 (f) In this section, "sport fishing services" means the indirect provision of 23 assistance, for compensation or with the intent to receive compensation, to a person 24 engaged in sport fishing in taking or attempting to take fish or shellfish by a business 25 that employs a sport fishing guide to provide sport fishing guide services to the person 26 during any portion of a sport fishing trip; "sport fishing services" does not include 27 (1) an activity for which a sport fishing guide license is required; or 28 (2) booking and other ancillary services provided by a tour broker or 29 agent to a sport fishing operator. 30 Sec. 16.40.272. Sport fishing guide license; combined operator and guide 31 license. (a) A natural person may obtain an annual sport fishing guide license if the
01 person 02 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 03 alien; 04 (2) is certified in first aid by the American Red Cross or a similar 05 organization; 06 (3) holds a current sport fishing license from the state; 07 (4) pays the license fee prescribed by AS 16.05.340(a); and 08 (5) satisfies all additional requirements adopted in regulation by the 09 Board of Fisheries. 10 (b) A natural person may obtain an annual sport fishing operator and guide 11 combined license if the person satisfies the requirements for a sport fishing operator 12 license under AS 16.40.262 and for a license under this section and pays the license 13 fee prescribed by AS 16.05.340(a). 14 (c) A person may not provide sport fishing guide services unless the person 15 (1) holds a current sport fishing guide license under (a) or (b) of this 16 section; and 17 (2) holds, or is an employee of a person who holds, a current sport 18 fishing operator license under AS 16.40.262 or (b) of this section. 19 (d) A sport fishing guide may provide sport fishing guide services only to 20 persons who have engaged the services of the sport fishing operator who employs the 21 sport fishing guide. A sport fishing guide may not contract directly with a person to 22 provide sport fishing guide services unless the guide also holds a current sport fishing 23 operator license. 24 (e) While providing sport fishing guide services, a guide shall have readily 25 available for inspection 26 (1) a current license issued under AS 16.05.340(a)(28)(B) or (C); 27 (2) the current licenses, tags, and permits required to engage in the 28 sport fishery for which the sport fishing guide is providing services; 29 (3) a driver's license or valid government-issued photographic 30 identification card; and 31 (4) proof of
01 (A) employment as a sport fishing guide by a person who holds 02 a current license under AS 16.05.340(a)(28)(A) or (C); or 03 (B) current licensure under AS 16.05.340(a)(28)(A) or (C). 04 (f) A sport fishing guide may not 05 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 06 regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or 07 (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a 08 regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably 09 believes is being or will be committed without 10 (A) attempting to prevent it, short of using force; and 11 (B) reporting the violation. 12 Sec. 16.40.282. Reports. (a) The department may collect information from 13 salt water sport fishing guides, including 14 (1) the name and license number of each vessel licensed under 15 AS 16.05.490 that is used in providing salt water sport fishing guide services; 16 (2) the amount of fishing effort, catch, and harvest by clients of a salt 17 water sport fishing guide; 18 (3) the locations fished during the provision of salt water sport fishing 19 guide services; and 20 (4) other information that the department or board requires by 21 regulation. 22 (b) A person who holds a license issued under AS 16.40.262 or 16.40.272 23 shall comply with the reporting requirements in this section and reporting 24 requirements adopted in regulation by the department or board. 25 (c) A person who is required to complete reports under this section may not 26 provide false information or omit material facts in a report. 27 (d) A person who is required to complete reports under this section may not be 28 issued a new license under AS 16.40.262 or 16.40.272 unless the department has 29 received all reports required under this section for the preceding year. 30 (e) Information collected under this section is confidential to the extent 31 provided under AS 16.05.815.
01 (f) The board may adopt regulations under AS 44.62 (Administrative 02 Procedure Act) that it considers necessary to implement this section. 03 Sec. 16.40.292. Penalty. (a) Except as provided in (b) and (c) of this section, a 04 person who knowingly violates AS 16.40.262 - 16.40.301 or a regulation adopted 05 under AS 16.40.262 - 16.40.301 is guilty of a class A misdemeanor. However, this 06 subsection does not apply to the failure to hold a current business license under 07 AS 16.40.262(a)(1) as required under AS 43.70. 08 (b) A person who, without any culpable mental state, violates AS 16.40.272(e) 09 is guilty of a violation. 10 (c) A person who knowingly violates AS 16.40.272(e) or who knowingly fails 11 to comply with a requirement for timely submission of reports required by a regulation 12 adopted under AS 16.40.282(b) is, for a 13 (1) first offense in a three-year period, guilty of a violation; and 14 (2) second or subsequent offense in a three-year period, guilty of a 15 class B misdemeanor. 16 (d) In addition to any other penalty provided by law, a court may revoke the 17 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 18 section. 19 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 20 Sec. 16.40.301. Definitions. In AS 16.40.262 - 16.40.301, 21 (1) "sport fishing guide" means a person who is licensed to provide 22 sport fishing guide services to persons who are engaged in sport fishing; 23 (2) "sport fishing guide services" means assistance, for compensation 24 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 25 take fish by accompanying or physically directing the sport fisherman in sport fishing 26 activities during any part of a sport fishing trip; "sport fishing guide services" does not 27 include 28 (A) sport fishing services; or 29 (B) services provided by an assistant, deckhand, or similar 30 person who works directly under the supervision of and on the same vessel as a 31 sport fishing guide.
01 * Sec. 3. AS 25.27.244(s)(2) is amended to read: 02 (2) "license" 03 (A) means, except as provided in (B) of this paragraph, a 04 license, certificate, permit, registration, or other authorization that, at the time 05 of issuance, will be valid for more than 150 days and that may be acquired 06 from a state agency to perform an occupation, including the following: 07 (i) license relating to boxing or wrestling under 08 AS 05.10; 09 (ii) authorization to perform an occupation regulated 10 under AS 08; 11 (iii) teacher certificate under AS 14.20; 12 (iv) authorization under AS 18.08 to perform 13 emergency medical services; 14 (v) asbestos worker certification under AS 18.31; 15 (vi) boiler operator's license under AS 18.60.395; 16 (vii) certificate of fitness under AS 18.62; 17 (viii) hazardous painting certification under AS 18.63; 18 (ix) security guard license under AS 18.65.400 - 19 18.65.490; 20 (x) license relating to insurance under AS 21.27; 21 (xi) employment agency permit under AS 23.15.330 - 22 23.15.520; 23 (xii) registration as a broker-dealer, an agent, an 24 investment adviser, or an investment adviser representative under 25 AS 45.56.300 - 45.56.350; 26 (xiii) certification as a pesticide applicator under 27 AS 46.03.320; 28 (xiv) certification as a storage tank worker or contractor 29 under AS 46.03.375; 30 (xv) certification as a water and wastewater works 31 operator under AS 46.30;
01 (xvi) commercial crewmember fishing license under 02 AS 16.05.480 other than an entry permit or interim-use permit under 03 AS 16.43; 04 (xvii) fish transporter permit under AS 16.05.671; 05 (xviii) sport fishing operator license under 06 AS 16.40.262; 07 (xix) sport fishing guide license under AS 16.40.272; 08 [REPEALED 09 (xix) REPEALED] 10 (B) does not include 11 (i) a vessel license issued under AS 16.05.490 or 12 16.05.530; 13 (ii) a business license issued under AS 43.70; 14 (iii) an entry permit or interim-use permit issued under 15 AS 16.43; or 16 (iv) a driver's license issued under AS 28.15; 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 HARVEST DATA DOCUMENTATION REPORT. (a) The Department of Fish and 20 Game shall prepare a report proposing solutions for improving sport fishing harvest data 21 documentation and collection from the saltwater rental and unguided fishing industry. 22 (b) The report must provide consideration and analysis of collection methods used to 23 collect comparable data by other states and comparable international jurisdictions, including 24 British Columbia. 25 (c) The commissioner shall submit the report to the senate secretary and chief clerk of 26 the house of representatives by December 1, 2022, and notify the legislature that the report is 27 available. 28 * Sec. 5. This Act takes effect January 1, 2022.