CSHB 79(FIN): "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(FIN) 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 new paragraphs to read: 06 (28) Resident fishing services licenses 07 (A) Resident sport fishing operator license ....... 200 08 (B) Resident sport fishing guide license ......... 100 09 (C) Resident sport fishing operator and guide combined license 10 ............................................. 200. 11 (29) Nonresident fishing services licenses 12 (A) Nonresident sport fishing operator license ..... 400 13 (B) Nonresident sport fishing guide license ....... 200 14 (C) Nonresident sport fishing operator and guide combined
01 license ................................... 400. 02 * Sec. 2. AS 16.40 is amended by adding new sections to read: 03 Sec. 16.40.262. Sport fishing operator license. (a) The department shall issue 04 an annual sport fishing operator license to a person who 05 (1) holds a current business license under AS 43.70 to provide services 06 to sport fishermen; 07 (2) presents proof satisfactory to the department of a general liability 08 insurance policy or marine protection and indemnity insurance policy, covering the 09 services provided by the person and the person's employees to sport fishermen; the 10 liability insurance or marine protection and indemnity insurance must be in the 11 amount of at least $100,000 for each incident and $300,000 for all incidents in a year; 12 (3) pays the license fee prescribed by AS 16.05.340(a); and 13 (4) satisfies all additional requirements adopted in regulation by the 14 Board of Fisheries. 15 (b) A person may not provide sport fishing services unless the person is 16 licensed and insured under (a) of this section. 17 (c) A person licensed under this section may contract to provide sport fishing 18 guide services to a sport fisherman through an employee who holds a current sport 19 fishing guide license under AS 16.40.272. 20 (d) A person licensed under this section may not directly provide sport fishing 21 guide services to a sport fisherman unless the person is also licensed as a sport fishing 22 guide or holds a combined operator and guide license under AS 16.40.272. 23 (e) A person licensed as a sport fishing operator may not aid in the 24 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 25 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 26 fish, by a sport fishing guide who is employed by the person or by a sport fisherman 27 who is a client of the person. 28 (f) In this section, "sport fishing services" means the indirect provision of 29 assistance, for compensation or with the intent to receive compensation, to a person 30 engaged in sport fishing in taking or attempting to take fish or shellfish by a business 31 that employs a sport fishing guide to provide sport fishing guide services to the person
01 during any portion of a sport fishing trip; "sport fishing services" does not include 02 (1) an activity for which a sport fishing guide license is required; or 03 (2) booking and other ancillary services provided by a tour broker or 04 agent to a sport fishing operator. 05 Sec. 16.40.272. Sport fishing guide license; combined operator and guide 06 license. (a) A natural person may obtain an annual sport fishing guide license if the 07 person 08 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 09 alien; 10 (2) is certified in first aid by the American Red Cross or a similar 11 organization; 12 (3) holds a current sport fishing license from the state; 13 (4) pays the license fee prescribed by AS 16.05.340(a); and 14 (5) satisfies all additional requirements adopted in regulation by the 15 Board of Fisheries. 16 (b) A natural person may obtain an annual sport fishing operator and guide 17 combined license if the person satisfies the requirements for a sport fishing operator 18 license under AS 16.40.262 and for a license under this section and pays the license 19 fee prescribed by AS 16.05.340(a). 20 (c) A person may not provide sport fishing guide services unless the person 21 (1) holds a current sport fishing guide license under (a) or (b) of this 22 section; and 23 (2) holds, or is an employee of a person who holds, a current sport 24 fishing operator license under AS 16.40.262 or (b) of this section. 25 (d) A sport fishing guide may provide sport fishing guide services only to 26 persons who have engaged the services of the sport fishing operator who employs the 27 sport fishing guide. A sport fishing guide may not contract directly with a person to 28 provide sport fishing guide services unless the guide also holds a current sport fishing 29 operator license. 30 (e) While providing sport fishing guide services, a guide shall have readily 31 available for inspection
01 (1) a current license issued under AS 16.05.340(a)(28)(B) or (C) or 02 16.05.340(a)(29)(B) or (C); 03 (2) the current licenses, tags, and permits required to engage in the 04 sport fishery for which the 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 sport fishing guide by a person who holds 09 a current license under AS 16.05.340(a)(28)(A) or (C) or 16.05.340(a)(29)(A) 10 or (C); or 11 (B) current licensure under AS 16.05.340(a)(28)(A) or (C) or 12 16.05.340(a)(29)(A) or (C). 13 (f) A sport fishing guide may not 14 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 15 regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or 16 (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a 17 regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably 18 believes is being or will be committed without 19 (A) attempting to prevent it, short of using force; and 20 (B) reporting the violation. 21 Sec. 16.40.282. Reports. (a) The department may collect information from 22 sport fishing guides, including 23 (1) the name and license number of each vessel licensed under 24 AS 16.05.490 that is used in providing sport fishing guide services; 25 (2) the amount of fishing effort, catch, and harvest by clients of a sport 26 fishing guide; 27 (3) the locations fished during the provision of sport fishing guide 28 services; and 29 (4) other information that the department or board requires by 30 regulation. 31 (b) The department may limit the information it collects from a sport fishing
01 guide under this section to 02 (1) salt water sport fishing guide services; 03 (2) fresh water sport fishing guide services; or 04 (3) guided sport fishing for certain species. 05 (c) A person who holds a license issued under AS 16.40.262 or 16.40.272 06 shall comply with the reporting requirements in this section and reporting 07 requirements adopted in regulation by the department or board. 08 (d) A person who is required to complete reports under this section may not 09 provide false information or omit material facts in a report. 10 (e) A person who is required to complete reports under this section may not be 11 issued a new license under AS 16.40.262 or 16.40.272 unless the department has 12 received all reports required under this section for the preceding year. 13 (f) Information collected under this section is confidential to the extent 14 provided under AS 16.05.815. 15 (g) The board may adopt regulations under AS 44.62 (Administrative 16 Procedure Act) that it considers necessary to implement this section. 17 Sec. 16.40.292. Penalty. (a) Except as provided in (b) and (c) of this section, a 18 person who knowingly violates AS 16.40.262 - 16.40.301 or a regulation adopted 19 under AS 16.40.262 - 16.40.301 is guilty of a class A misdemeanor. However, this 20 subsection does not apply to the failure to hold a current business license under 21 AS 16.40.262(a)(1) as required under AS 43.70. 22 (b) A person who, without any culpable mental state, violates AS 16.40.272(e) 23 is guilty of a violation. 24 (c) A person who knowingly violates AS 16.40.272(e) or who knowingly fails 25 to comply with a requirement for timely submission of reports required by a regulation 26 adopted under AS 16.40.282 is, for a 27 (1) first offense in a three-year period, guilty of a violation; and 28 (2) second or subsequent offense in a three-year period, guilty of a 29 class B misdemeanor. 30 (d) In addition to any other penalty provided by law, a court may revoke the 31 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this
01 section. 02 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 03 Sec. 16.40.301. Definitions. In AS 16.40.262 - 16.40.301, 04 (1) "sport fishing guide" means a person who is licensed to provide 05 sport fishing guide services to persons who are engaged in sport fishing; 06 (2) "sport fishing guide services" means assistance, for compensation 07 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 08 take fish by accompanying or physically directing the sport fisherman in sport fishing 09 activities during any part of a sport fishing trip; "sport fishing guide services" does not 10 include 11 (A) sport fishing services; or 12 (B) services provided by an assistant, deckhand, or similar 13 person who works directly under the supervision of and on the same vessel as a 14 sport fishing guide. 15 * Sec. 3. AS 25.27.244(s)(2) is amended to read: 16 (2) "license" 17 (A) means, except as provided in (B) of this paragraph, a 18 license, certificate, permit, registration, or other authorization that, at the time 19 of issuance, will be valid for more than 150 days and that may be acquired 20 from a state agency to perform an occupation, including the following: 21 (i) license relating to boxing or wrestling under 22 AS 05.10; 23 (ii) authorization to perform an occupation regulated 24 under AS 08; 25 (iii) teacher certificate under AS 14.20; 26 (iv) authorization under AS 18.08 to perform 27 emergency medical services; 28 (v) asbestos worker certification under AS 18.31; 29 (vi) boiler operator's license under AS 18.60.395; 30 (vii) certificate of fitness under AS 18.62; 31 (viii) hazardous painting certification under AS 18.63;
01 (ix) security guard license under AS 18.65.400 - 02 18.65.490; 03 (x) license relating to insurance under AS 21.27; 04 (xi) employment agency permit under AS 23.15.330 - 05 23.15.520; 06 (xii) registration as a broker-dealer, an agent, an 07 investment adviser, or an investment adviser representative under 08 AS 45.56.300 - 45.56.350; 09 (xiii) certification as a pesticide applicator under 10 AS 46.03.320; 11 (xiv) certification as a storage tank worker or contractor 12 under AS 46.03.375; 13 (xv) certification as a water and wastewater works 14 operator under AS 46.30; 15 (xvi) commercial crewmember fishing license under 16 AS 16.05.480 other than an entry permit or interim-use permit under 17 AS 16.43; 18 (xvii) fish transporter permit under AS 16.05.671; 19 (xviii) sport fishing operator license under 20 AS 16.40.262; 21 (xix) sport fishing guide license under AS 16.40.272; 22 [REPEALED 23 (xix) REPEALED] 24 (B) does not include 25 (i) a vessel license issued under AS 16.05.490 or 26 16.05.530; 27 (ii) a business license issued under AS 43.70; 28 (iii) an entry permit or interim-use permit issued under 29 AS 16.43; or 30 (iv) a driver's license issued under AS 28.15; 31 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 HARVEST DATA DOCUMENTATION REPORT. (a) The Department of Fish and 03 Game shall prepare a report proposing solutions for improving sport fishing harvest data 04 documentation and collection from the saltwater rental and unguided fishing industry. 05 (b) The report must provide consideration and analysis of collection methods used to 06 collect comparable data by other states and comparable international jurisdictions, including 07 British Columbia. 08 (c) The commissioner shall submit the report to the senate secretary and chief clerk of 09 the house of representatives by December 1, 2022, and notify the legislature that the report is 10 available. 11 * Sec. 5. This Act takes effect January 1, 2022.