SB 253: "An Act relating to a big game guide commercial concession permit program on land in the state; establishing a big game guide commercial concession area pilot project; and providing for an effective date."
00 SENATE BILL NO. 253 01 "An Act relating to a big game guide commercial concession permit program on land in 02 the state; establishing a big game guide commercial concession area pilot project; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05 is amended by adding a new section to read: 06 Sec. 38.05.022. Big game guide commercial concession permit program. (a) 07 The commissioner shall implement a big game guide commercial concession permit 08 program to limit the number of individuals authorized to conduct big game 09 commercial guiding on land in the state. 10 (b) The commissioner shall establish big game guide commercial concession 11 use areas under this section using the boundaries of areas administered by the 12 Department of Fish and Game as game management units on January 1, 2024. 13 Notwithstanding the commissioner's authority to implement a big game guide 14 commercial concession permit program under (a) of this section, the commissioner of
01 fish and game shall determine, based on management objectives and historical data, 02 the number and type of concession permits that may be provided in each game 03 management unit, subject to the requirement that at least two concession permits be 04 offered for each game management unit. 05 (c) The commissioner, in consultation with the Big Game Commercial 06 Services Board established under AS 08.54.591 and the Department of Fish and 07 Game, shall adopt by regulation qualifications necessary for the department to issue a 08 concession permit under this section and shall issue concession permits to qualified 09 individuals. The annual fee for a concession permit shall be set by the department in 10 regulation. A concession permit issued under this subsection is valid for 10 years from 11 the date issued. 12 (d) A big game guide may not hold more than three concession permits at a 13 time and may not hold more than one concession permit for the same game 14 management unit. If a big game guide holds a comparable concession permit or 15 comparable concession permits issued by the United States Department of the Interior, 16 Bureau of Land Management, to conduct big game commercial guiding on federal 17 land within the state, the number of concession permits available to the big game 18 guide under this section shall be reduced by the number of federal concession permits 19 held by the big game guide. 20 (e) Subject to (d) of this section and the approval of the commissioner, a big 21 game guide who holds a concession permit under this section may, during the term of 22 the permit, transfer the concession permit to another individual qualified under 23 regulations adopted under this section. 24 (f) The commissioner, in consultation with the Big Game Commercial 25 Services Board established under AS 08.54.591 and the commissioner of fish and 26 game, may issue, renew, transfer, suspend, or revoke a concession permit issued under 27 this section. If a permittee violates the terms of a concession permit issued under this 28 section, the commissioner may suspend or revoke the concession permit after 29 providing the permittee with written notice and an opportunity to be heard. 30 (g) The commissioner is responsible for enforcement of this section and may 31 delegate that authority as appropriate. The department may issue a citation for a
01 violation of this section or a regulation adopted under this section. 02 (h) In this section, 03 (1) "concession permit" means a permit granting a big game guide the 04 right to conduct commercial big game hunts on state land within a geographic area 05 defined by the department; 06 (2) "game management unit" has the meaning given in AS 08.54.790. 07 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 BIG GAME GUIDE COMMERCIAL CONCESSION AREA PILOT PROJECT; 10 REPORT TO THE REVISOR. (a) The commissioner of natural resources shall establish a big 11 game guide commercial concession area pilot project under which the commissioner of 12 natural resources shall limit the number of individuals authorized to provide big game 13 commercial guiding services within the boundaries of the region administered by the 14 Department of Fish and Game as Game Management Unit 19C on January 1, 2024. 15 (b) Notwithstanding the authority of the commissioner of natural resources to 16 implement a big game guide commercial concession area pilot project under (a) of this 17 section, the commissioner of fish and game shall determine, based on management objectives 18 and historical data, the number and type of concession permits that may be provided in the 19 area, subject to the requirement that at least two concession permits be offered. 20 (c) The commissioner of natural resources, in consultation with the Big Game 21 Commercial Services Board established under AS 08.54.591 and the Department of Fish and 22 Game, shall adopt by regulation qualifications necessary for the Department of Natural 23 Resources to issue a concession permit under this section and shall issue concession permits 24 to qualified individuals. The department shall set an annual fee for a concession permit in 25 regulation. 26 (d) A big game guide may not hold more than one concession permit for the pilot 27 project. Subject to the approval of the commissioner of natural resources, a big game guide 28 who holds a concession permit under this section may, during the term of the concession 29 permit, transfer the concession permit to another individual qualified under regulations 30 adopted under this section. 31 (e) The commissioner of natural resources, in consultation with the Big Game
01 Commercial Services Board established under AS 08.54.591 and the commissioner of fish 02 and game, may issue, renew, transfer, suspend, or revoke a concession permit issued under 03 this section. If a permittee violates the terms of a concession permit issued under this section, 04 the commissioner of natural resources may suspend or revoke the concession permit after 05 providing the permittee with written notice and an opportunity to be heard. 06 (f) The commissioner of natural resources is responsible for enforcement of this 07 section and may delegate that authority as appropriate. The Department of Natural Resources 08 may issue a citation for a violation of this section or a regulation adopted under this section. 09 (g) The commissioner of natural resources, in consultation with the Big Game 10 Commercial Services Board established under AS 08.54.591 and the commissioner of fish 11 and game, shall maintain the pilot project for a period of two years. After the pilot project has 12 been established for two years, the commissioner of natural resources, in consultation with the 13 Big Game Commercial Services Board established under AS 08.54.591 and the Department 14 of Fish and Game, shall evaluate the big game guide commercial concession area pilot project 15 and determine whether 16 (1) the pilot project has furthered, or will further, constitutionally mandated 17 land use and game management objectives; and 18 (2) a big game guide commercial concession permit program should be 19 established on a statewide basis. 20 (h) The Department of Natural Resources, the Department of Fish and Game, and the 21 Big Game Commercial Services Board established under AS 08.54.591 may adopt regulations 22 necessary to implement this section. 23 (i) The pilot project established under this section and any concession permits issued 24 under the project terminate December 31, 2027. 25 (j) In this section, "concession permit" means a permit granting a big game guide the 26 right to conduct commercial big game hunts on state land within the boundaries of the region 27 administered by the Department of Fish and Game as Game Management Unit 19C on 28 January 1, 2024. 29 * Sec. 3. Section 2 of this Act is repealed January 1, 2028. 30 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 1 of this Act takes effect 02 only if the commissioner of natural resources determines that a big game guide commercial 03 concession permit program should be established on a statewide basis under sec. 2(g)(2) of 04 this Act before January 1, 2028. 05 (b) If the commissioner of natural resources determines that a big game guide 06 commercial concession permit program should be established on a statewide basis under sec. 07 2(g)(2) of this Act, the commissioner of natural resources shall notify the revisor of statutes in 08 writing within 30 days after the determination. 09 * Sec. 5. If, under sec. 4 of this Act, sec. 1 of this Act takes effect, it takes effect on the day 10 after the date on which the commissioner of natural resources determines that a big game 11 guide commercial concession permit program should be established on a statewide basis. 12 * Sec. 6. Section 2 of this Act takes effect immediately under AS 01.10.070(c).