SCS CSHB 79(RES): "An Act relating to salt water sport fishing operators and salt water sport fishing guides; requiring the Department of Fish and Game to prepare and submit a report; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 79(RES) 01 "An Act relating to salt water sport fishing operators and salt water sport fishing 02 guides; requiring the Department of Fish and Game to prepare and submit a report; 03 and providing for an 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 salt water sport fishing operator license ...... 200 08 (B) Resident salt water sport fishing guide license .. 100 09 (C) Resident salt water sport fishing operator and guide 10 combined license ................................. 200; 11 (29) Nonresident fishing services licenses 12 (A) Nonresident salt water sport fishing operator license . 400 13 (B) Nonresident salt water sport fishing guide license ..... 200 14 (C) Nonresident salt water sport fishing operator and guide
01 combined license ................................. 400. 02 * Sec. 2. AS 16.40 is amended by adding new sections to read: 03 Sec. 16.40.262. Salt water sport fishing operator license. (a) The department 04 shall issue an annual salt water 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 salt water sport fishing services unless the 16 person is licensed and insured under (a) of this section. 17 (c) A person licensed under this section may contract to provide salt water 18 sport fishing guide services to a sport fisherman through an employee who holds a 19 current salt water sport fishing guide license under AS 16.40.272. 20 (d) A person licensed under this section may not directly provide salt water 21 sport fishing guide services to a sport fisherman unless the person is also licensed as a 22 salt water sport fishing guide or holds a combined operator and guide license under 23 AS 16.40.272. 24 (e) A person licensed as a salt water sport fishing operator may not aid in the 25 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 26 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 27 fish, by a salt water sport fishing guide who is employed by the person or by a sport 28 fisherman who is a client of the person. 29 (f) In this section, "salt water sport fishing services" means the indirect 30 provision of assistance, for compensation or with the intent to receive compensation, 31 to a person engaged in sport fishing in salt water in taking or attempting to take fish or
01 shellfish by a business that employs a salt water sport fishing guide to provide salt 02 water sport fishing guide services to the person during any portion of a sport fishing 03 trip on salt water; "salt water sport fishing services" does not include 04 (1) an activity for which a salt water sport fishing guide license is 05 required; or 06 (2) booking and other ancillary services provided by a tour broker or 07 agent to a salt water sport fishing operator. 08 Sec. 16.40.272. Salt water sport fishing guide license; combined operator 09 and guide license. (a) A natural person may obtain an annual salt water sport fishing 10 guide license if the person 11 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 12 alien; 13 (2) is certified in first aid by the American Red Cross or a similar 14 organization; 15 (3) holds a current sport fishing license from the state; 16 (4) pays the license fee prescribed by AS 16.05.340(a); and 17 (5) satisfies all additional requirements adopted in regulation by the 18 Board of Fisheries. 19 (b) A natural person may obtain an annual salt water sport fishing operator 20 and guide combined license if the person satisfies the requirements for a salt water 21 sport fishing operator license under AS 16.40.262 and for a license under this section 22 and pays the license fee prescribed by AS 16.05.340(a). 23 (c) A person may not provide salt water sport fishing guide services unless the 24 person 25 (1) holds a current salt water sport fishing guide license under (a) or 26 (b) of this section; and 27 (2) holds, or is an employee of a person who holds, a current salt water 28 sport fishing operator license under AS 16.40.262 or (b) of this section. 29 (d) A salt water sport fishing guide may provide salt water sport fishing guide 30 services only to persons who have engaged the services of the salt water sport fishing 31 operator who employs the salt water sport fishing guide. A salt water sport fishing
01 guide may not contract directly with a person to provide salt water sport fishing guide 02 services unless the guide also holds a current salt water sport fishing operator license. 03 (e) While providing salt water sport fishing guide services, a guide shall have 04 readily available for inspection 05 (1) a current license issued under AS 16.05.340(a)(28)(B) or (C) or 06 (29)(B) or (C); 07 (2) the current licenses, tags, and permits required to engage in the 08 sport fishery for which the salt water sport fishing guide is providing services; 09 (3) a driver's license or valid government-issued photographic 10 identification card; and 11 (4) proof of 12 (A) employment as a salt water sport fishing guide by a person 13 who holds a current license under AS 16.05.340(a)(28)(A) or (C) or (29)(A) or 14 (C); or 15 (B) current licensure under AS 16.05.340(a)(28)(A) or (C) or 16 (29)(A) or (C). 17 (f) A salt water sport fishing guide may not 18 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 19 regulation adopted under AS 16.05 - AS 16.40 by a client of the guide; or 20 (2) permit a client to commit a violation of AS 16.05 - AS 16.40 or a 21 regulation adopted under AS 16.05 - AS 16.40 that the guide knows or reasonably 22 believes is being or will be committed without 23 (A) attempting to prevent it, short of using force; and 24 (B) reporting the violation. 25 Sec. 16.40.282. Reports. (a) The department may collect information from salt 26 water sport fishing guides, including 27 (1) the name and license number of each vessel licensed under 28 AS 16.05.490 that is used in providing salt water sport fishing guide services; 29 (2) the amount of fishing effort, catch, and harvest by clients of a salt 30 water sport fishing guide; 31 (3) the locations fished during the provision of salt water sport fishing
01 guide services; and 02 (4) other information that the department or board requires by 03 regulation. 04 (b) The department may limit the information it collects from a salt water 05 sport fishing guide under this section to 06 (1) salt water sport fishing guide services; or 07 (2) guided sport fishing for certain species. 08 (c) A person who holds a license issued under AS 16.40.262 or 16.40.272 09 shall comply with the reporting requirements in this section and reporting 10 requirements adopted in regulation by the department or board. 11 (d) A person who is required to complete reports under this section may not 12 provide false information or omit material facts in a report. 13 (e) A person who is required to complete reports under this section may not be 14 issued a new license under AS 16.40.262 or 16.40.272 unless the department has 15 received all reports required under this section for the preceding year. 16 (f) Information collected under this section is confidential to the extent 17 provided under AS 16.05.815. 18 (g) The board may adopt regulations under AS 44.62 (Administrative 19 Procedure Act) that it considers necessary to implement this section. 20 Sec. 16.40.292. Penalty. (a) Except as provided in (b) and (c) of this section, a 21 person who knowingly violates AS 16.40.262 - 16.40.301 or a regulation adopted 22 under AS 16.40.262 - 16.40.301 is guilty of a class A misdemeanor. However, this 23 subsection does not apply to the failure to hold a current business license under 24 AS 16.40.262(a)(1) as required under AS 43.70. 25 (b) A person who, without any culpable mental state, violates AS 16.40.272(e) 26 is guilty of a violation. 27 (c) A person who knowingly violates AS 16.40.272(e) or who knowingly fails 28 to comply with a requirement for timely submission of reports required by a regulation 29 adopted under AS 16.40.282(b) is, for a 30 (1) first offense in a three-year period, guilty of a violation; and 31 (2) second or subsequent offense in a three-year period, guilty of a
01 class B misdemeanor. 02 (d) In addition to any other penalty provided by law, a court may revoke the 03 salt water sport fishing guide license of a person who is convicted under (a) or (c)(2) 04 of this section. 05 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 06 Sec. 16.40.301. Definitions. In AS 16.40.262 - 16.40.301, 07 (1) "salt water sport fishing guide" means a person who is licensed to 08 provide salt water sport fishing guide services to persons who are engaged in sport 09 fishing; 10 (2) "salt water sport fishing guide services" means assistance, for 11 compensation or with the intent to receive compensation, to a sport fisherman to take 12 or to attempt to take fish by accompanying or physically directing the sport fisherman 13 in sport fishing activities on salt water during any part of a sport fishing trip; "salt 14 water sport fishing guide services" does not include 15 (A) sport fishing services; or 16 (B) services provided by an assistant, deckhand, or similar 17 person who works directly under the supervision of and on the same vessel as a 18 salt water sport fishing guide. 19 * Sec. 3. AS 25.27.244(s)(2) is amended to read: 20 (2) "license" 21 (A) means, except as provided in (B) of this paragraph, a 22 license, certificate, permit, registration, or other authorization that, at the time 23 of issuance, will be valid for more than 150 days and that may be acquired 24 from a state agency to perform an occupation, including the following: 25 (i) license relating to boxing or wrestling under 26 AS 05.10; 27 (ii) authorization to perform an occupation regulated 28 under AS 08; 29 (iii) teacher certificate under AS 14.20; 30 (iv) authorization under AS 18.08 to perform 31 emergency medical services;
01 (v) asbestos worker certification under AS 18.31; 02 (vi) boiler operator's license under AS 18.60.395; 03 (vii) certificate of fitness under AS 18.62; 04 (viii) hazardous painting certification under AS 18.63; 05 (ix) security guard license under AS 18.65.400 - 06 18.65.490; 07 (x) license relating to insurance under AS 21.27; 08 (xi) employment agency permit under AS 23.15.330 - 09 23.15.520; 10 (xii) registration as a broker-dealer, an agent, an 11 investment adviser, or an investment adviser representative under 12 AS 45.56.300 - 45.56.350; 13 (xiii) certification as a pesticide applicator under 14 AS 46.03.320; 15 (xiv) certification as a storage tank worker or contractor 16 under AS 46.03.375; 17 (xv) certification as a water and wastewater works 18 operator under AS 46.30; 19 (xvi) commercial crewmember fishing license under 20 AS 16.05.480 other than an entry permit or interim-use permit under 21 AS 16.43; 22 (xvii) fish transporter permit under AS 16.05.671; 23 (xviii) salt water sport fishing operator license under 24 AS 16.40.262; 25 (xix) salt water sport fishing guide license under 26 AS 16.40.272; [REPEALED 27 (xix) REPEALED] 28 (B) does not include 29 (i) a vessel license issued under AS 16.05.490 or 30 16.05.530; 31 (ii) a business license issued under AS 43.70;
01 (iii) an entry permit or interim-use permit issued under 02 AS 16.43; or 03 (iv) a driver's license issued under AS 28.15; 04 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 HARVEST DATA DOCUMENTATION REPORT. (a) The Department of Fish and 07 Game shall prepare a report proposing solutions for improving sport fishing harvest data 08 documentation and collection from the salt water rental and unguided fishing industry. 09 (b) The report must provide consideration and analysis of collection methods used to 10 collect comparable data by other states and comparable international jurisdictions, including 11 British Columbia. 12 (c) The commissioner shall submit the report to the senate secretary and chief clerk of 13 the house of representatives by December 1, 2023, and notify the legislature that the report is 14 available. 15 * Sec. 5. This Act takes effect January 1, 2023.