00 CS FOR HOUSE BILL NO. 151(RES) am 01 "An Act relating to personal hunting of big game by big game guides while 02 clients are in the field, to activities of transporters in the field, to use area 03 registration for portions of additional guide use areas by registered guides, to oral 04 examinations for a registered guide license or a game management unit 05 certification, and to eligibility for big game guide licenses, game management 06 unit certifications, or a transporter license." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.54.600 is amended by adding a new subsection to read: 09 (b) The department shall provide for administration of an oral examination for 10 a registered guide license or for a game management unit certification if an applicant 11 cannot read English or suffers from a reading disability. 12 * Sec. 2. AS 08.54.605(b) is amended to read: 13 (b) Notwithstanding (a) of this section, (a)(1)(B) and (C) [(a)(1)(C)] of this 14 section are not applicable to offenses committed by a person who receives or received 01 any class of guide license or a transporter license under sec. 13 [SECTION 13], ch. 02 33, SLA 1996, if the offense was committed before May 23, 1996. This subsection 03 does not apply when a person applies for a license that is different from the class 04 of guide license or the transporter license received under sec. 13, ch. 33, SLA 05 1996. 06 * Sec. 3. AS 08.54.610(a) is amended to read: 07 (a) A natural person is entitled to a registered guide license if the person 08 (1) is 21 years of age or older; 09 (2) has practical field experience in the handling of firearms, hunting, 10 judging trophies, field preparation of meat and trophies, first aid, photography, and 11 related guiding and outfitting activities; 12 (3) either 13 (A) has passed the qualification examination prepared and 14 administered by the department under AS 08.54.600; or 15 (B) provides evidence of 25 years of experience as a class-A 16 assistant guide, class-A assistant guide-outfitter, or equivalent guiding 17 experience in the state; 18 (4) either 19 (A) has passed a certification examination prepared and 20 administered by the department under AS 08.54.600 for at least one game 21 management unit; or 22 (B) provides evidence of 10 years of experience as a class-A 23 assistant guide or class-A assistant guide-outfitter in at least one game 24 management unit; 25 (5) has legally hunted in the state for part of each of any five years in 26 a manner directly contributing to the person's experience and competency as a guide; 27 (6) has been licensed as and performed the services of a class-A 28 assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant 29 guide-outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each 30 of three years; 31 (7) is capable of performing the essential duties associated with guiding 01 and outfitting; 02 (8) has been favorably recommended in writing by eight big game 03 hunters whose recommendations have been solicited by the department from a list 04 provided by the applicant, including at least two favorable recommendations for each 05 year of any three years during which the person was a class-A assistant guide or 06 assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under 07 former AS 08.54.300 - 08.54.590; 08 (9) has provided proof of financial responsibility if required by the 09 department under AS 08.54.680; and 10 (10) has applied for a registered guide license on a form provided by 11 the department and paid the license application fee and the registered guide license fee. 12 * Sec. 4. AS 08.54.610 is amended by adding a new subsection to read: 13 (f) Notwithstanding other provisions of this chapter, a person may receive 14 certification for a game management unit if the person provides evidence of 10 years 15 of experience as a class-A assistant guide or class-A assistant guide-outfitter in the 16 game management unit. 17 * Sec. 5. AS 08.54.720(a) is amended to read: 18 (a) It is unlawful for a 19 (1) person who is licensed under this chapter to knowingly fail to 20 promptly report to the Department of Public Safety, division of fish and wildlife 21 protection, and in no event later than 20 days, a violation of a state game, guiding, or 22 transportation services statute or regulation that the person reasonably believes was 23 committed by a client or an employee of the person; 24 (2) person who is licensed under this chapter to intentionally obstruct 25 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 26 is not a client of the person; 27 (3) class-A assistant guide or an assistant guide to knowingly guide a 28 hunt except while employed and supervised by a registered guide; 29 (4) person who holds any class of guide license to knowingly enter or 30 remain on private land without prior authorization during the course of providing big 31 game hunting services; 01 (5) registered guide to knowingly engage in providing big game hunting 02 services outside of 03 (A) a game management unit for which the registered guide is 04 certified; or 05 (B) a use area for which the registered guide is registered under 06 AS 08.54.750 unless the registration requirement for the area has been 07 suspended by the Department of Fish and Game; 08 (6) person to knowingly guide without having a current registered 09 guide, class-A assistant guide, or assistant guide license and hunting license in actual 10 possession; 11 (7) registered guide to knowingly fail to comply with AS 08.54.610(e); 12 (8) person who is licensed under this chapter to knowingly 13 (A) commit or aid in the commission of a violation of this 14 chapter, a regulation adopted under this chapter, or a state game statute or 15 regulation; or 16 (B) permit the commission of a violation of this chapter, a 17 regulation adopted under this chapter, or a state game statute or regulation that 18 the person knows or reasonably believes is being or will be committed without 19 (i) attempting to prevent it, short of using force; and 20 (ii) reporting the violation; 21 (9) person without a current registered guide license to knowingly 22 guide, advertise as a registered guide, or represent to be a registered guide; 23 (10) person without a current master guide license to knowingly 24 advertise as, or represent to be, a master guide; 25 (11) person without a current registered guide license to knowingly 26 outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be 27 an outfitter of big game hunts; 28 (12) person to knowingly provide transportation services to big game 29 hunters without holding a current registered guide license or transporter license; 30 (13) person without a current transporter license to knowingly advertise 31 as, or represent to be, a transporter; 01 (14) class-A assistant guide or an assistant guide to knowingly contract 02 to guide or outfit a hunt; 03 (15) person licensed under this chapter to knowingly violate a state 04 statute or regulation prohibiting waste of a wild food animal or hunting on the same 05 day airborne; [OR] 06 (16) person to knowingly provide big game hunting service or 07 transportation services during the period for which the person's license to provide that 08 service is suspended or revoked; 09 (17) registered guide, except in the defense of life or property, to 10 knowingly personally take big game while a client of the registered guide is in the 11 field; or 12 (18) person who is licensed as a registered guide, a class-A assistant 13 guide, or an assistant guide, except in the defense of life or property, to knowingly 14 personally take big game while a client of the registered guide by whom the 15 person is employed is in the field unless the person is not participating in, 16 supporting, or otherwise assisting in providing big game hunting services to a 17 client of the registered guide by whom the person is employed; 18 (19) person who is licensed as a transporter, or who provides 19 transportation services under a transporter license, to knowingly accompany or 20 remain in the field with a big game hunter who is a client of the person except as 21 necessary to perform the specific duties of embarking or disembarking big game 22 hunters, their equipment, or big game animals harvested by hunters; this 23 paragraph does not apply to a person who holds both a transporter license and 24 any class of guide license issued under this chapter. 25 * Sec. 6. AS 08.54.720(b) is amended to read: 26 (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a 27 person who commits an offense set out in (a)(1) - (7), (17), (18), or (19) of this 28 section is guilty of a misdemeanor and is punishable by a fine of not more than 29 $10,000 or by imprisonment up to one year, or both. 30 * Sec. 7. AS 08.54.720(f) is amended to read: 31 (f) In addition to the penalties set out in (b) - (e) of this section and a 01 disciplinary sanction imposed under AS 08.54.710, 02 (1) the court may order the department to suspend the guide license or 03 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 04 (3) - (5), [OR] (7), (17), (18), or (19) of this section for a specified period of not more 05 than three years; 06 (2) the court shall order the department to suspend the guide license or 07 transporter license of a person who commits a misdemeanor offense set out in (a)(2) 08 or (8) - (14) of this section for a specified period of not less than one year and not 09 more than five years; 10 (3) the court shall order the department to suspend the guide license or 11 transporter license for a specified period of not less than three years, or to permanently 12 revoke the guide license or transporter license, of a person who commits an offense 13 set out in (a)(15) or (16) of this section; and 14 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 15 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, 16 a violation of (a) of this section may be seized by persons authorized to enforce this 17 chapter and may be forfeited to the state as provided under AS 16.05.195. 18 * Sec. 8. AS 08.54.750(b) is amended to read: 19 (b) A registered guide may not register for or conduct big game hunting 20 services in 21 (1) more than three guide use areas during a calendar year; or 22 (2) a guide use area that is outside of a game management unit for 23 which the registered guide is certified under AS 08.54.600 or 08.54.610(f). 24 * Sec. 9. AS 08.54.750 is amended by adding a new subsection to read: 25 (e) Notwithstanding (b) of this section, a registered guide who is registered in 26 three guide use areas may also register for and conduct big game hunting services in 27 a portion of one additional guide use area on federal land adjacent to a guide use area 28 in which the registered guide is already registered if the department finds that the 29 portion of the adjacent guide use area for which the registered guide is seeking to be 30 registered would otherwise remain unused by a registered guide because the boundaries 31 of guide use areas do not coincide with boundaries of federal big game guide 01 concession or permit areas.