00 CS FOR HOUSE BILL NO. 163(RES) 01 "An Act relating to an annual wildlife conservation pass; relating to nonresident and 02 nonresident alien big game tag fees; relating to the application for and issuance of a 03 license, tag, permit, or wildlife conservation pass by the Department of Fish and Game; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 FINDINGS. The legislature finds that 09 (1) the opportunity to view wildlife is a unique and deeply valued part of the 10 experience of living and traveling in this state; 11 (2) the State of Alaska appropriates significant financial resources each year 12 for the purposes of wildlife management; 13 (3) a large portion of the financial resources expended by the state to maintain 14 healthy populations of wildlife directly benefits nonresidents who view wildlife; 01 (4) the $15 fee charged to nonresidents for an annual wildlife conservation 02 pass is less than or equal to Alaska residents' pro rata share of state revenue that is devoted to 03 wildlife-related matters associated with nonconsumptive uses of fish and wildlife, including 04 wildlife viewing; 05 (5) existing law requires hunters, fisherman, and other consumptive users of 06 fish and wildlife to obtain the appropriate licenses and to pay the associated fees; 07 (6) existing law does not assess a fee for nonconsumptive uses of wildlife such 08 as wildlife viewing; 09 (7) the opportunity to view wildlife is a significant component of the 10 experience enjoyed by many Alaskans and visitors through the use of commercial guides, 11 outfitters, tour operators, and providers of transportation in settings where wildlife is present; 12 (8) nonresidents who do not obtain a hunting or fishing license and employ a 13 commercial provider for an opportunity to view wildlife should bear their fair share of the 14 cost of wildlife management in this state; 15 (9) a wildlife conservation pass will provide new revenue that may be used to 16 support fish and wildlife management, including protection, and to support and promote the 17 tourism industry. 18 * Sec. 2. AS 16.05.340(a)(15) is amended to read: 19 (15) Nonresident big game tags 20 A nonresident may not take a big game animal without previously purchasing a 21 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 22 be affixed to the animal immediately upon capture and must remain affixed until the 23 animal is prepared for storage, consumed, or exported. A tag issued but not used for 24 an animal may be used to satisfy the tagging requirement for an animal of any other 25 species for which the tag fee is of equal or less value. 26 (A) Bear, black, each .........................................................$225 27 (B) Bear, brown or grizzly, each .........................................500 28 (C) Bison, each ....................................................................450 29 (D) Caribou, each ......................................................400 [325] 30 (E) Deer, each ......................................................................150 31 (F) Elk, each ........................................................................300 01 (G) Goat, each ...........................................................400 [300] 02 (H) Moose, each ........................................................450 [400] 03 (I) Sheep, each ...........................................................500 [425] 04 (J) Wolf, each ........................................................................30 05 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 06 game management unit if the Board of Game has adopted an intensive 07 management program under AS 16.05.255 for all or a portion of the game 08 management unit. 09 (K) Wolverine, each ............................................................175 10 (L) Musk oxen, each .........................................................1,100 11 * Sec. 3. AS 16.05.340(a)(21) is amended to read: 12 (21) Nonresident alien big game tags 13 (A) Bear, black, each ....................................................... $300 14 (B) Bear, brown or grizzly, each ....................................... 650 15 (C) Bison, each .................................................................. 650 16 (D) Caribou, each .................................................... 500 [425] 17 (E) Deer, each .................................................................... 200 18 (F) Elk, each ...................................................................... 400 19 (G) Goat, each ......................................................... 500 [400] 20 (H) Moose, each ...................................................... 550 [500] 21 (I) Musk oxen, each ........................................................ 1,500 22 (J) Sheep, each ......................................................... 625 [550] 23 (K) Wolf, each ..................................................................... 50 24 A nonresident alien is not required to have a nonresident alien wolf tag to take 25 a wolf in a game management unit if the Board of Game has adopted an 26 intensive management program under AS 16.05.255 for all or a portion of the 27 game management unit. 28 (L) Wolverine, each......................................................250 29 * Sec. 4. AS 16.05.350(a) is amended to read: 30 (a) Licenses, permits, [AND] tags, and the wildlife conservation pass 31 required under AS 16.05.330 - 16.05.430, except biennial licenses, triennial licenses, 01 the nonresident sport fishing licenses, the resident trapping license, the nonresident 02 anadromous king salmon tags, the waterfowl conservation tag, and permits having a 03 different specified expiration date, expire at the close of December 31 following 04 issuance. 05 * Sec. 5. AS 16.05.360(a) is amended to read: 06 (a) The commissioner or an authorized deputy shall issue each license, [AND] 07 tag, and wildlife conservation pass to a qualified person under written application 08 containing such reasonable information as required by the commissioner. The 09 commissioner shall designate the license, [AND] tag, and wildlife conservation pass 10 form or type. For purposes of the issuance of licenses and tags, the [THE] form or 11 type must be sufficient to identify and locate the applicant and establish the applicant's 12 status as to residency and citizenship. Each application shall be subscribed by the 13 applicant. 14 * Sec. 6. AS 16.05.380 is amended to read: 15 Sec. 16.05.380. Commissioner may appoint agents. The commissioner may 16 appoint state employees or other persons to take applications, issue licenses, permits, 17 [AND] tags, and the wildlife conservation pass, and collect fees. The commissioner 18 is not liable for defalcation or failure to account for the fees collected by any person so 19 appointed, but the commissioner shall require a bond in an adequate sum, conditioned 20 upon faithfully accounting for all money collected. However, the commissioner may 21 waive the bond requirements for the Alaska marine highway system and the 22 Alaska Railroad Corporation or for [OF] an instrumentality of the United States or 23 its agents and employees when the instrumentality or its agents or employees sell 24 licenses, permits, [OR] tags, or the wildlife conservation pass primarily to persons in 25 the armed forces. Each person, upon appointment by the commissioner, may 26 administer oaths on applications for licenses, permits, [AND] tags, and the wildlife 27 conservation pass. 28 * Sec. 7. AS 16.05.390(a) is amended to read: 29 (a) Except as provided in (e) of this section, the Alaska marine highway 30 system, the Alaska Railroad Corporation, or an agent appointed by the 31 commissioner under AS 16.05.380 to sell licenses, permits, [AND] tags, and the 01 wildlife conservation pass is entitled to 02 (1) retain five percent of the fee that is charged for a license, permit, 03 [OR] tag, or wildlife conservation pass or 25 cents for each license, permit, [OR] tag, 04 or wildlife conservation pass sold, whichever is greater; and 05 (2) compensation of $50 per year or $1 for each license, permit, [OR] 06 tag, or wildlife conservation pass sold during the year, whichever is greater. 07 * Sec. 8. AS 16.05.390(b) is amended to read: 08 (b) Each agent appointed to sell licenses, permits, [OR] tags, or the wildlife 09 conservation pass under AS 16.05.380 shall, as directed by the commissioner, 10 transmit the proceeds from the sales of licenses, permits, [AND] tags, and the wildlife 11 conservation pass, except the amount authorized to be retained under (a)(1) of this 12 section, together with a report of the sales, to the commissioner for deposit in the fish 13 and game fund or the general fund. 14 * Sec. 9. AS 16.05.390(c) is amended to read: 15 (c) On March 31, June 30, September 30, and December 31 of each year the 16 commissioner shall calculate the compensation earned by an agent under (a)(2) of this 17 section, minus the penalties assessed under (g) of this section. If the compensation 18 due exceeds $50, the commissioner shall pay the compensation not later than 30 days 19 after the date for which the compensation was calculated. If the compensation due is 20 $50 or less, the commissioner shall pay the compensation not later than January 30 of 21 the year following the year in which the compensation was earned. The commissioner 22 shall pay compensation only for sales of licenses, permits, [OR] tags, or the wildlife 23 conservation pass for which the commissioner has received the report and proceeds 24 required to be transmitted under (b) of this section. 25 * Sec. 10. AS 16.05.390(e) is amended to read: 26 (e) The provisions of (a) of this section do not apply to a state employee 27 appointed by the commissioner under AS 16.05.380 to sell licenses, permits, [AND] 28 tags, and the wildlife conservation pass. 29 * Sec. 11. AS 16.05.390(f) is amended to read: 30 (f) Proceeds and reports under (b) of this section shall be transmitted to the 31 commissioner by the last day of the month following the month in which the licenses, 01 permits, [AND] tags, and the wildlife conservation passes are sold, unless an 02 alternative reporting schedule has been established by contract. 03 * Sec. 12. AS 16.05 is amended by adding a new section to read: 04 Sec. 16.05.417. Wildlife conservation pass. (a) Without having a valid 05 wildlife conservation pass in actual possession, a person may not use the services of a 06 commercial provider for an opportunity to view public wildlife in this state. 07 (b) The fee for a wildlife conservation pass is $15. 08 (c) A wildlife conservation pass is not required of 09 (1) a person under the age of 16 years; 10 (2) a resident who is 60 years of age or older and possesses a 11 permanent identification card issued under AS 16.05.400(b); 12 (3) a resident who possesses a permanent state identification card 13 issued under AS 18.65.310 or a resident who possesses a voter registration card issued 14 under AS 15.07.070, to the extent allowed by law; 15 (4) a person who possesses a current year sport fishing license, hunting 16 license, or trapping license issued to the person by the department under this title; 17 (5) a person who possesses a valid Alaska driver's license issued under 18 AS 28.15; 19 (6) a resident who possesses a valid commercial fishing license or 20 commercial fishing entry permit or interim-use permit; 21 (7) a resident who is a disabled veteran qualified to receive a free 22 hunting and sport fishing license under AS 16.05.341; 23 (8) a resident traveling on the Alaska marine highway system or the 24 Alaska Railroad; 25 (9) a person who is currently employed, and has verifiable proof of 26 employment, in the commercial provider or transportation industry and provides direct 27 services to tourists in Alaska. 28 (d) The commissioner may issue a duplicate wildlife conservation pass as a 29 replacement for a wildlife conservation pass issued under this section. The fee for a 30 duplicate wildlife conservation pass is $5. The commissioner may not issue a 31 duplicate wildlife conservation pass unless the commissioner or the commissioner's 01 delegate is satisfied that the original has been lost or destroyed. 02 (e) A commercial provider for an opportunity to view public wildlife may not 03 provide service, equipment, or facilities to a person who 04 (1) is required to possess a wildlife conservation pass under this 05 section; and 06 (2) does not have a valid wildlife conservation pass in actual 07 possession. 08 (f) Fees received from the sale of wildlife conservation passes shall be 09 deposited into a separate account in the general fund. The annual balance in the 10 account may be appropriated by the legislature for the purpose of fish and game 11 management, viewing, and education programs, or for other public purposes. 12 (g) In this section, 13 (1) "commercial provider for an opportunity to view public wildlife" 14 means a person that provides to an individual, for compensation or with the intent to 15 receive compensation, touring or recreational service, equipment, or facilities in the 16 field, or transportation to or in the field related to tourism or recreation; "commercial 17 provider for an opportunity to view public wildlife" includes a person who provides 18 outfitting, guiding, sightseeing, flightseeing, rafting, kayaking, touring, accompanied 19 hiking, bus and motorcoach service, cruise ship or charter service, railroad 20 transportation, or a similar opportunity for viewing public wildlife; 21 (2) "commercial provider industry" means those businesses that 22 provide services, equipment, and facilities as a commercial provider for an opportunity 23 to view public wildlife; 24 (3) "field" means 25 (A) an area in this state outside of 26 (i) established year-round dwellings, businesses, or 27 other developments usually associated with a city, town, or village; 28 (ii) permanent hotels or roadhouses on the state road 29 system or state or federally maintained airports; 30 (B) an area in this state used for public wildlife viewing within 31 or near a city, town, village, or year-round dwellings; and 01 (C) the territorial sea and internal waters of this state; 02 (4) "public wildlife" means fish and game; 03 (5) "transportation" means the carriage of persons by railroad, 04 automobile, bus, motorcoach, taxi, boat, ferry, snowmobile, cruise ship, air taxi, 05 aircraft, or another mode of transport; "transportation" does not include 06 (A) carriage by aircraft on nonstop flights between airports 07 listed in the Alaska supplement to the Airmen's Guide published by the Federal 08 Aviation Administration; or 09 (B) a method of transportation determined by the commissioner 10 by regulation not to have a significant opportunity for public wildlife viewing. 11 * Sec. 13. AS 16.05.420 is amended to read: 12 Sec. 16.05.420. License, tag, [AND] permit, and pass violations. (a) A false 13 statement of a material fact in an application for a license, tag, [OR] permit, or 14 wildlife conservation pass issued under AS 16.05.330 - 16.05.430 voids the license, 15 tag, [OR] permit, or wildlife conservation pass for which the application is made. 16 (b) A person may not make a false statement, or omit a material fact, in an 17 application for a license, tag, [OR] permit, or wildlife conservation pass issued under 18 AS 16.05.330 - 16.05.430. A person who without any culpable mental state makes a 19 false statement as to the person's identity or residency in an application for a license, 20 tag, [OR] permit, or wildlife conservation pass issued under AS 16.05.330 - 21 16.05.430 is guilty of a violation and upon conviction is punishable by a fine of not 22 more than $300. A person who knowingly violates this subsection is guilty of a class 23 A misdemeanor. In this subsection, "knowingly" has the meaning given in 24 AS 11.81.900. 25 (c) A person to whom a license, [OR] tag, or wildlife conservation pass has 26 been issued under this chapter may not alter, change, loan, or transfer the license or 27 tag. A person may not use a license, [OR] tag, or wildlife conservation pass that has 28 been issued under this chapter to another person. 29 * Sec. 14. Sections 2 and 3 of this Act take effect January 1, 2004. 30 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect July 1, 2003.