00 SENATE BILL NO. 79 01 "An Act establishing the Sport Fishing Guide Services Board and licensing 02 requirements for sport fishing guide-outfitters, sport fishing outfitters, sport fishing 03 assistant guides, and sport fishing transporters; making conforming amendments; 04 allowing the Department of Fish and Game to collect information on guiding services; 05 providing for an effective date by repealing the effective date of sec. 32, ch. 58, SLA 06 2010; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE. The purpose of this Act is to promote the health, safety, and welfare of the 11 guided fish angler and the stability of the sport fishing guide industry in the state by 12 regulating the activities of providers of sport fishing guide, outfitter, and transportation 13 services. 01  * Sec. 2. AS 08.01.010 is amended by adding a new paragraph to read: 02 (39) Sport Fishing Guide Services Board (AS 08.57.010). 03  * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 04 (22) Sport Fishing Guide Services Board (AS 08.57.010) - June 30, 05 2019. 06  * Sec. 4. AS 08 is amended by adding a new chapter to read: 07 Chapter 57. Sport Fishing Guide-outfitters and Related Occupations.  08 Article 1. Sport Fishing Guide-outfitters, Outfitters, Assistant Guides, and Transporters.  09 Sec. 08.57.010. Creation and membership of board. (a) The Sport Fishing 10 Guide Services Board is created. For administrative purposes, the board is created in 11 the Department of Commerce, Community, and Economic Development. 12 (b) The board is appointed by the governor, subject to confirmation by the 13 legislature, and consists of nine members as follows: 14 (1) five members who are currently licensed guide-outfitters or 15 outfitters under this chapter, at least three of whom shall be currently licensed guide- 16 outfitters; the five members must include both salt water and fresh water guide- 17 outfitters or outfitters; 18 (2) one member who is a currently licensed sport fishing transporter 19 under this chapter; 20 (3) one member of the Board of Fisheries; 21 (4) two public members who 22 (A) are familiar with the Alaska sport fishing industry; 23 (B) do not hold, or have not held, a license issued under this 24 chapter or a commercial fishing license issued under AS 16; and 25 (C) are familiar with concerns of private landowners and access 26 issues related to sport fishing activities under this chapter. 27 (c) The governor shall appoint the members under (b) of this section to give 28 the board a reasonable geographic balance among regions of the state. 29 (d) The board members serve staggered three-year terms. 30 (e) Members of the board do not receive compensation, but are entitled to per 31 diem and travel expenses authorized for boards and commissions under AS 39.20.180.  01 Sec. 08.57.020. Board assistance. (a) State agencies shall provide the board 02 with information, data, or technical assistance requested by the board for the purposes 03 of licensing and regulating the activities of providers of sport fishing guide-outfitter, 04 outfitter, assistant guide, or transportation services. 05 (b) The board shall provide to the Department of Fish and Game the name and 06 license number and license status of each person licensed under AS 08.57. 07 Sec. 08.57.030. Duties and powers of board. (a) The board shall 08 (1) prepare and grade 09 (A) a written qualification examination for a sport fishing 10 guide-outfitter license and a written qualification examination for a sport 11 fishing outfitter license that requires that the applicant demonstrate general 12 qualifications appropriate to providing guide-outfitter or outfitter services and 13 particular knowledge of fishing and sport fishing laws and regulations; 14 (B) a written certification examination for each guide use area 15 in which the guide-outfitter or outfitter intends to provide services; the 16 examination must require that the applicant demonstrate the qualifications 17 appropriate to providing guide-outfitter or outfitter services in the guide use 18 area for which the applicant seeks to be certified and, in particular, must 19 require that the applicant demonstrate knowledge of the terrain, water, 20 transportation problems, fish, and other characteristics of the guide use area; 21 and 22 (C) an electronic version of the examinations under (A) and (B) 23 of this paragraph that the board offers in a manner accessible to the public; 24 (2) authorize the issuance of a sport fishing guide-outfitter license, 25 sport fishing outfitter license, sport fishing assistant guide license, or sport fishing 26 transporter license if the applicant for the license satisfies the requirements for the 27 license; 28 (3) certify a guide-outfitter or outfitter to provide guide-outfitter or 29 outfitter services in a guide use area for which the guide-outfitter or outfitter has 30 passed an examination under (a)(1)(B) of this section; 31 (4) impose appropriate disciplinary sanctions on a licensee under this 01 chapter; 02 (5) require an applicant for issuance or renewal of any class of license 03 issued under this chapter to state in a written and signed document whether the 04 applicant's right to obtain, or exercise the privileges granted by, a guide-outfitter, 05 outfitter, assistant guide, transporter, or comparable license is revoked or suspended in 06 this state, another state, Canada, or Mexico; 07 (6) regularly disseminate information regarding examinations and 08 other qualifications for all classes of licenses described in this chapter; 09 (7) adopt procedural and substantive regulations required by this 10 chapter; 11 (8) administer examinations for guide-outfitter and outfitter licenses at 12 least twice a year, both in person and electronically; 13 (9) meet at least twice annually; 14 (10) report to the governor and the legislature on the effect of sport 15 fishing on the state's economy and make recommendations to mitigate constraints, 16 including those of the government, on sport fishing and the sport fishing industry; 17 (11) during the first 10 days of the regular legislative session, make an 18 annual report of the board's recommendations to the governor and notify the 19 legislature that the report is available; and 20 (12) maintain the confidentiality of information collected by the 21 Department of Fish and Game and provided to the board under AS 16.05.396(c), 22 unless the information is used by the board in a proceeding against a licensee under 23 this chapter. 24 (b) The board may adopt regulations as the board considers appropriate to 25 (1) establish a code of ethics for professions regulated by the board; 26 (2) establish guide use areas and registration requirements for guide 27 use areas; 28 (3) establish, as necessary for resource conservation purposes and to 29 promote economic stability within the sport fishing guide industry, 30 (A) the maximum number of licensees who may operate in a 31 guide use area; and 01 (B) a guide concession program to regulate the maximum 02 number of licensees in sport fish guide use areas. 03 Article 2. Licensing and Certification.  04 Sec. 08.57.100. Eligibility for license. Notwithstanding AS 08.57.110 - 05 08.57.150, a person may not receive or renew a guide-outfitter, outfitter, assistant 06 guide, or transporter license if the person's right to obtain or exercise the privileges 07 granted by a sport fishing guide-outfitter, outfitter, assistant guide, or transporter 08 license is suspended or revoked in this state, another state, Canada, or Mexico. 09 Sec. 08.57.110. Sport fishing guide-outfitter license. (a) The department 10 shall issue a biennial sport fishing guide-outfitter license to a natural person if the 11 person 12 (1) is 18 years of age or older; 13 (2) is a citizen of the United States, Canada, or Mexico, or is a resident 14 alien; 15 (3) is certified in first aid and cardiopulmonary resuscitation by the 16 American Red Cross or a similar organization; 17 (4) holds a license to carry passengers for hire issued by the United 18 States Coast Guard if the person operates a vessel in the provision of sport fishing 19 guide services and the license is required by the United States Coast Guard for the 20 guide use area in which the sport fishing guide-outfitter provides sport fishing guide 21 services; 22 (5) holds a current sport fishing license from this state; 23 (6) has passed the qualification examination under AS 08.57.030 for a 24 sport fishing guide-outfitter license; 25 (7) has passed a certification examination prepared by the board for 26 each guide use area or unit in which the person operates; 27 (8) meets one of the following criteria: 28 (A) has been licensed and has performed services as a guide- 29 outfitter or assistant guide in the state for at least 20 days in each of any three 30 years under this chapter or former AS 16.40.260 or 16.40.270; 31 (B) has performed the services of an assistant guide in a 01 manner the board determines has directly contributed to the person's 02 experience and competency to practice as a guide-outfitter; or 03 (C) has been licensed and has performed services as a big game 04 guide-outfitter, class-A assistant guide, or assistant guide under AS 08.54 for at 05 least 20 days in each of any three years in a manner the board determines has 06 directly contributed to the person's experience and competence to practice as a 07 guide-outfitter; 08 (9) has been favorably recommended by at least one person licensed 09 under this section or former AS 16.40.260 or 16.40.270; 10 (10) satisfies all additional requirements adopted in regulation by the 11 board; and 12 (11) has applied for a guide-outfitter license on a form provided by the 13 department and paid the license application fee and the guide-outfitter license fee. 14 (b) A person may not provide guide-outfitter services unless the person holds 15 a current sport fishing guide-outfitter license. 16 (c) A guide-outfitter may 17 (1) be employed by another guide-outfitter to perform the functions of 18 an assistant guide; 19 (2) provide transportation or guide services to clients, either directly or 20 through an assistant guide; and 21 (3) provide outfitter services. 22 (d) A guide-outfitter shall 23 (1) supervise an assistant guide on a day on which the assistant guide 24 provides guide services to clients of the guide-outfitter; 25 (2) supervise a guide-outfitter employed as an assistant guide on a day 26 on which the employed guide-outfitter provides services outside of a guide use area 27 for which the employed guide-outfitter is certified under AS 08.57.030(a)(3); 28 (3) be physically present in the state on a day on which an assistant 29 guide, or guide-outfitter employed as an assistant guide, provides guide services to 30 clients of the guide-outfitter; and 31 (4) when providing guide services, have the following documents 01 readily available for inspection on the request of a representative of the Department of 02 Fish and Game or a peace officer of the state: 03 (A) a current sport fishing guide-outfitter license; 04 (B) the current licenses, tags, permits, and reporting forms 05 required to engage in the sport fishery in which the guide services are being 06 provided; 07 (C) proof of certification under AS 08.57.030(a)(3) for the 08 guide-outfitter to directly, or through an assistant guide, provide guide services 09 in the guide use area in which the guide-outfitter or assistant guide employed 10 by the guide-outfitter is operating; and 11 (D) a driver's license or similar identification card issued by a 12 state or federal agency that bears a photograph of the guide-outfitter. 13 (e) A master sport fishing guide-outfitter license authorizes a guide-outfitter to 14 use the title master sport fishing guide-outfitter, but is, for all other purposes under this 15 chapter, a guide-outfitter license. The department shall issue a biennial, renewable 16 master sport fishing guide-outfitter license to a natural person if the person 17 (1) is, at the time of application for a master sport fishing guide- 18 outfitter license, currently licensed as a guide-outfitter under this section; 19 (2) provides an affidavit certifying that the person has operated in the 20 state as a guide-outfitter for at least 12 of the last 15 years, including the year 21 immediately preceding the year in which the person applies for a master sport fishing 22 guide-outfitter license; 23 (3) submits 10 letters from clients for whom the person has personally 24 provided guiding or outfitting services that give the guide-outfitter favorable 25 evaluations; and 26 (4) applies for a master sport fishing guide-outfitter license on a form 27 provided by the department and pays the application fee, if any. 28 Sec. 08.57.120. Sport fishing outfitter license. (a) The department shall issue 29 a biennial sport fishing outfitter license to a natural person if the person 30 (1) is 18 years of age or older; 31 (2) is a citizen of the United States, Canada, or Mexico, or is a resident 01 alien; 02 (3) is certified in first aid and cardiopulmonary resuscitation by the 03 American Red Cross or a similar organization; 04 (4) holds a current sport fishing license from this state; 05 (5) has passed a qualification examination for a outfitter license; 06 (6) has passed a certification examination prepared by the board for the 07 guide use area in which the person intends to operate; 08 (7) satisfies all additional requirements adopted in regulation by the 09 board; and 10 (8) has applied for a sport fishing outfitter license on a form provided 11 by the department and paid the license application fee and the outfitter license fee. 12 (b) A person may not provide outfitter services unless the person holds a 13 current sport fishing outfitter license. 14 (c) An outfitter may not provide guide-outfitter services or transportation 15 services, personally or through an assistant guide. 16 (d) An outfitter may not be physically present with the client during any 17 portion of the sport fishing activities. 18 (e) An outfitter shall provide an activity report on a form provided by the 19 Department of Fish and Game, which must contain all information the Department of 20 Fish and Game requires. 21 (f) When providing outfitting services, an outfitter shall have the following 22 documents readily available for inspection on request of a representative of the 23 Department of Fish and Game or a peace officer of the state: 24 (1) a current outfitter license; 25 (2) proof of certification under AS 08.57.030(a)(3) for the outfitter to 26 provide outfitter services in the guide use area in which the outfitter is operating; and 27 (3) a driver's license or similar identification card issued by a state or 28 federal agency that bears a photograph of the outfitter. 29 Sec. 08.57.130. Sport fishing assistant guide license. (a) The department 30 shall issue a biennial sport fishing assistant guide license to a natural person if the 31 person 01 (1) is 16 years of age or older; 02 (2) is a citizen of the United States, Canada, or Mexico, or is a resident 03 alien; 04 (3) is certified in first aid and cardiopulmonary resuscitation by the 05 American Red Cross or a similar organization; 06 (4) holds a license to carry passengers for hire issued by the United 07 States Coast Guard if, in the provision of sport fishing guide services, the person 08 operates a vessel and the license is required by the United States Coast Guard for the 09 guide use area in which the assistant guide provides guide services; 10 (5) holds a current sport fishing license from this state; 11 (6) provides to the department 12 (A) a written employment agreement from a currently licensed 13 guide-outfitter who employs and supervises the assistant guide; or 14 (B) proof that the person has passed a sport fishing assistant 15 guide course approved by the board; 16 (7) satisfies all additional requirements adopted in regulation by the 17 board; and 18 (8) has applied for a sport fishing assistant guide license on a form 19 provided by the department and pays the license application fee and the license fee. 20 (b) Except as provided by AS 08.57.110(c), a person may not provide sport 21 fishing assistant guide services unless the person holds a current assistant guide 22 license. 23 (c) A sport fishing assistant guide may not participate in a guided sport fishing 24 activity unless under the supervision and employ of a currently licensed guide- 25 outfitter. 26 (d) When providing assistant guide services, an assistant guide shall have the 27 following documents readily available for inspection on request of a representative of 28 the Department of Fish and Game or a peace officer of the state: 29 (1) a current assistant guide license; 30 (2) the current licenses, tags, permits, and reporting forms that are 31 required to engage in the sport fishery for which the assistant guide services are being 01 provided; 02 (3) a driver's license or similar identification card that is issued by a 03 state or federal agency and that bears a photograph of the assistant guide; and 04 (4) proof of employment and supervision by a currently licensed sport 05 fishing guide-outfitter. 06 Sec. 08.57.140. Sport fishing transporter license. (a) The department shall 07 issue a biennial sport fishing transporter license to a natural person if the person 08 (1) applies for a transporter license on a form provided by the 09 department; 10 (2) pays the license application fee and the license fee; and 11 (3) satisfies all additional requirements adopted in regulation by the 12 board. 13 (b) A person may not provide transportation services unless the person holds a 14 current transporter license. 15 (c) A transporter 16 (1) may provide transportation services and accommodations to 17 persons engaged in guided sport fishing in the field using 18 (A) a permanent lodge, house, or cabin; 19 (B) a vessel with permanent living quarters; or 20 (C) an aircraft; 21 (2) may not provide guide-outfitter, outfitter, or assistant guide 22 services without holding the appropriate licenses. 23 (d) When providing transportation services, a transporter shall have the 24 following documents readily available for inspection: 25 (1) a current sport fishing transporter license; 26 (2) a driver's license or similar identification card that is issued by a 27 state or federal agency and that bears a photograph of the transporter. 28 (e) In this section, "field" has the meaning given in AS 08.54.790. 29 Sec. 08.57.150. Renewal of sport fishing guide-outfitter, sport fishing  30 outfitter, sport fishing assistant guide, and sport fishing transporter licenses. (a) 31 An applicant for renewal of a sport fishing guide-outfitter, sport fishing outfitter, sport 01 fishing assistant guide, or sport fishing transporter license shall submit 02 (1) a request for renewal of the license on a form provided by the 03 department; 04 (2) an affidavit that all required logbooks and reports due during the 05 term of the prior license have been filed as required; and 06 (3) the appropriate license fees for the next licensing period. 07 (b) The department may not renew the license of a person who held a sport 08 fishing guide-outfitter, sport fishing outfitter, sport fishing assistant guide, or sport 09 fishing transporter license under this chapter unless 10 (1) all fees have been paid in full; and 11 (2) the applicant provides evidence of continued professional 12 competence as required by the board. 13 Sec. 08.57.160. Financial responsibility and other requirements for sport  14 fishing guide-outfitters, outfitters, and transporters. The department shall require 15 satisfactory proof of guide-outfitters, outfitters, and transporters of a general liability 16 insurance policy or marine protection and indemnity insurance policy, covering the 17 services provided by the person and the person's employees to clients engaged in sport 18 fishing that provides coverage of at least $100,000 for each incident and $300,000 for 19 all incidents in a year. The person shall maintain the insurance required by this section 20 for the duration of the license. 21 Article 3. Enforcement.  22 Sec. 08.57.200. Discipline of a sport fishing guide-outfitter, outfitter,  23 assistant guide, and transporter. (a) If the board acts in a timely manner, the board 24 may impose a disciplinary sanction in a timely manner under (b) of this section and in 25 accordance with AS 08.01.075 if the board finds that a licensee 26 (1) is convicted of a violation of a state or federal statute or regulation 27 relating to sport fishing or to provision of sport fishing guide-outfitter, assistant guide, 28 outfitter, or transportation services; 29 (2) has failed to file records or reports required by law or has provided 30 false information or omitted material facts in a record or report required by law; 31 (3) has negligently misrepresented or omitted a material fact on an 01 application for any class of sport fishing guide-outfitter, sport fishing outfitter, sport 02 fishing assistant guide, or sport fishing transporter license; 03 (4) has breached an agreement with a client to provide sport fishing 04 guide-outfitter, sport fishing outfitter, or sport fishing transportation services to a 05 client; or 06 (5) has failed to comply with limitations or conditions on the 07 professional practice of the licensee established by this chapter or a regulation adopted 08 by the board under this chapter. 09 (b) The board may impose the following disciplinary sanctions, singly or in 10 combination: 11 (1) permanently revoke a license; 12 (2) suspend a license for a specified period; 13 (3) censure or reprimand a licensee; 14 (4) impose limitations or conditions on the professional practice of a 15 licensee; 16 (5) impose requirements for remedial professional education to correct 17 deficiencies in the education, training, and skill of the licensee; 18 (6) impose probation requiring a licensee to report regularly to the 19 board on matters related to the grounds for probation; 20 (7) impose a civil penalty not to exceed $5,000. 21 (c) If the board imposes a disciplinary sanction under (b) of this section, the 22 board may notify the applicable state and federal agencies. 23 (d) The board shall permanently revoke a license issued under this chapter if 24 the board finds, after a hearing, that the license was obtained through fraud, deceit, or 25 misrepresentation. 26 (e) A certified copy of a judgment of conviction of a licensee for an offense is 27 conclusive evidence of the commission of that offense in a disciplinary proceeding 28 instituted against the licensee under this section based on that conviction, regardless of 29 whether the conviction resulted from a plea of nolo contendere or the conviction is 30 under appeal, unless the conviction is overturned on appeal. 31 (f) A person whose license is suspended or revoked under this section may not 01 provide guide-outfitter, outfitter, assistant guide, or transportation services during the 02 period of license suspension or revocation. 03 (g) If the board revokes a license under this section, the person whose license 04 has been revoked shall immediately surrender the license to the department. 05 (h) The board may, before a final hearing is held or during an appeal, 06 summarily suspend a licensee from practice of a profession under this chapter for a 07 period of not more than 30 days if the board finds that the licensee poses a clear and 08 immediate danger to the public health and safety. A person is entitled to a hearing 09 before the board to appeal a summary suspension within seven days after the order of 10 suspension is issued. A person may appeal an adverse decision of the board on an 11 appeal of summary suspension to a court of competent jurisdiction. 12 Sec. 08.57.210. Unlawful acts. (a) It is unlawful for 13 (1) a person who is licensed under this chapter to intentionally obstruct 14 or hinder or attempt to obstruct or hinder lawful sport fishing engaged in by a person 15 who is not a client of the person; 16 (2) an assistant guide to knowingly guide or outfit sport fishing 17 activities unless the assistant guide is employed and supervised by a guide-outfitter, 18 except as provided in (c) of this section; 19 (3) a person who is licensed under this chapter to knowingly enter or 20 remain on private, state, or federal land unlawfully during the course of providing 21 guide-outfitter, outfitting, assistant guide, or transportation services; 22 (4) a guide-outfitter to knowingly engage in providing sport fishing 23 guide services outside of a guide use area for which the guide-outfitter is certified 24 unless the registration requirement for the guide use area has been suspended by the 25 board or unless the board has not adopted by regulation a registration requirement for 26 a guide use area; 27 (5) a person who is licensed under this chapter to 28 (A) commit or aid in the commission of a violation of this 29 chapter, a regulation adopted under this chapter, or a state or federal sport 30 fishing statute or regulation; or 31 (B) permit the licensee's client to commit a violation of a 01 regulation adopted under this chapter or a state or federal sport fishing statute 02 or regulation that the licensee knows or should know is being or will be 03 committed without 04 (i) attempting to prevent it, short of using force; and 05 (ii) promptly reporting the violation to the Department 06 of Public Safety by the most expeditious reasonable means available; 07 (6) a person without a current guide-outfitter license to knowingly 08 profess to be, or use the title of, guide-outfitter; 09 (7) a person without a current master sport fishing guide-outfitter 10 license to knowingly profess to be, or use the title of, master sport fishing guide- 11 outfitter; 12 (8) a person without a current sport fishing outfitter license to 13 knowingly outfit or advertise as or represent to be a outfitter; 14 (9) a person without a current sport fishing assistant guide license to 15 knowingly provide assistant guide services; 16 (10) a person without a current sport fishing guide-outfitter or 17 transporter license to knowingly provide transportation services or advertise as or 18 represent to be a transporter; 19 (11) a person to knowingly provide guide-outfitter, assistant guide, 20 outfitter, or transportation services during the period for which the person's license to 21 provide that service is suspended or revoked; 22 (12) a person who is licensed as a transporter, or who provides 23 transportation services under a transporter license, to knowingly accompany or direct a 24 client of the person in sport fishing activities except as necessary to perform the 25 specific duties of transporting, embarking, or disembarking a client or clients, the 26 client's or clients' equipment, or fish harvested by the client or clients. 27 (b) Except as provided in (c) - (f) of this section, in addition to disciplinary 28 sanctions imposed under AS 08.57.200, a person who commits an offense set out in 29 (a) of this section is guilty of a class A misdemeanor and may be punished as provided 30 in AS 12.55. 31 (c) Notwithstanding (a)(2) of this section, the board may adopt regulations that 01 allow an assistant guide to guide and outfit sport fishing activities without supervision 02 by a guide-outfitter. 03 (d) A person licensed as a guide-outfitter, but not as a master sport fishing 04 guide-outfitter, who, without any culpable mental state, advertises as or represents to 05 be a master sport fishing guide-outfitter is guilty of a violation and may be punished as 06 provided in AS 12.55. 07 (e) In addition to disciplinary sanctions imposed under AS 08.57.200, a person 08 who, without any culpable mental state, violates AS 08.57.110(d)(4), 08.57.120(f), 09 08.57.130(d), or 08.57.140(d) is guilty of a violation and may be punished as provided 10 in AS 12.55. 11 (f) In addition to disciplinary sanctions imposed under AS 08.57.200, a person 12 who knowingly violates AS 08.57.110(d)(4), 08.57.120(f), 08.57.130(d), or 13 08.57.140(d) is, for a 14 (1) first offense in a three-year period, guilty of a violation and may be 15 punished as provided in AS 12.55; and 16 (2) second or subsequent offense in a three-year period, guilty of a 17 class B misdemeanor and may be punished as provided in AS 12.55. 18 (g) In addition to any other penalty provided by law, a court may revoke a 19 license issued under this chapter of a person who is convicted under this chapter, and 20 equipment may be seized and forfeited in accordance with AS 16.05.190 and 21 16.05.195. 22 Sec. 08.57.220. Responsibility of sport fishing guide-outfitter, outfitter, or  23 transporter for violations. A guide-outfitter, outfitter, or transporter is equally 24 responsible 25 (1) under AS 08.57.200 for a violation of this chapter, a regulation 26 adopted under this chapter, or a state or federal sport fishing statute or regulation, 27 committed by a person in the course of the person's employment with the guide- 28 outfitter, outfitter, or transporter; or 29 (2) under AS 08.57.210 for a violation of this chapter, a regulation 30 adopted under this chapter, or a state or federal sport fishing statute or regulation, 31 committed by a person in the course of the person's employment with the guide- 01 outfitter, outfitter, or transporter if the guide-outfitter, outfitter, or transporter 02 expressly or impliedly authorizes an unlawful act. 03 Sec. 08.57.230. Sport fishing guide-outfitter, outfitter, and transporter  04 records. (a) A person who holds a sport fishing guide-outfitter license issued under 05 AS 08.57.110, a sport fishing outfitter license issued under AS 08.57.120, or a sport 06 fishing transporter license issued under AS 08.57.140 shall comply with the reporting 07 requirements of AS 16.05.396. 08 (b) A person who is required to complete a report under this section may not 09 be issued a license under AS 08.57.110 unless the Department of Fish and Game has 10 received all reports required under AS 16.05.396 and this section. 11 Sec. 08.57.240. License and examination fees. (a) The department shall set 12 fees under AS 08.01.065 for 13 (1) a guide-outfitter license; 14 (2) an outfitter license; 15 (3) an assistant guide license; 16 (4) a transporter license; 17 (5) a license application; 18 (6) guide use area registration for sport fishing guide-outfitters and 19 sport fishing outfitters. 20 (b) The license fee for the guide-outfitter, outfitter, or assistant guide license is 21 in addition to the fee required for a sport fishing license issued by the Department of 22 Fish and Game under AS 16.05.340. 23 (c) An applicant for a qualifying examination for a guide-outfitter license or 24 outfitter license shall pay a fee established by regulations adopted under 25 AS 08.01.065. 26 (d) The fee for the transporter license must be equal to the fee for the guide- 27 outfitter. 28 (e) A license fee for a nonresident may include an additional charge 29 established by the board by regulation that is as close as is practicable to the maximum 30 allowed by law. 31 Article 4. General Provisions.  01 Sec. 08.57.490. Definitions. In this chapter, 02 (1) "board" means the Sport Fishing Guide Services Board; 03 (2) "client" means a person who is a member of a fishing party that 04 engages or uses a person to provide sport fishing guide services and who is not a 05 licensed sport fishing guide-outfitter or sport fishing assistant guide; 06 (3) "compensation" 07 (A) means, regardless of the source, direct or indirect payment, 08 remuneration, in-kind services or privileges, and other benefits received in 09 return for services; 10 (B) includes wages or other employment benefits given directly 11 or indirectly to an individual or organization, and any dues, payments, fees, or 12 other remuneration given directly or indirectly to a fishing club, business, 13 organization, or individual who provides sport fishing guide services; 14 (C) does not include reimbursement for the actual daily 15 expenses for fuel, food, or bait; 16 (4) "department" means the Department of Commerce, Community, 17 and Economic Development; 18 (5) "fish" means any species of aquatic finfish, invertebrate, or 19 amphibian, in any stage of its life cycle, found in or introduced into the state, and 20 includes any part of the aquatic finfish, invertebrate, or amphibian; 21 (6) "guide services" means a service provided, for compensation or 22 with the intent to receive compensation, to a person to take or to attempt to take fish 23 by accompanying or physically directing a person during sport fishing activities; 24 "guide services" does not include services provided by an assistant, deckhand, or 25 similar person who works directly under the supervision of and on the same vessel or 26 at the same fishing site as the sport fishing guide-outfitter or sport fishing assistant 27 guide; 28 (7) "guide use area" means an area designated by the Sport Fishing 29 Guide Services Board that lies within a geographic sport fishing area established by 30 the Board of Fisheries under AS 16.05.251. 31 (8) "knowingly" has the meaning given in AS 11.81.900(a); 01 (9) "outfitter services" means the provision of services, for 02 compensation or with the intent to receive compensation, of vessels and sport fishing 03 equipment to one or more persons who use them for sport fishing activities if the 04 provider of the services does not direct or accompany, and is not present with, the 05 person or persons while the sport fishing activities are occurring; in this paragraph, the 06 provision of vessels and sport fishing equipment includes rentals, leases, or other 07 exchanges where transfer of ownership does not occur and the vessel or sport fishing 08 equipment is returned to the provider; 09 (10) "sport fishing" means the taking of or attempting to take for 10 personal use, and not for sale or barter, any fresh water, marine, or anadromous fish by 11 hook and line held in the hand, or by hook and line with the line attached to a pole or 12 rod that is held in the hand or closely attended, or by other means defined by the 13 Board of Fisheries; 14 (11) "supervise" means providing direction, control, instruction, and 15 evaluation of an employee; supervision may be in-person, telephonic, or electronic; 16 (12) "take" means taking, pursuing, fishing, or in any manner 17 disturbing, capturing, or killing or attempting to take, pursue, fish, or in any manner 18 capture or kill fish; 19 (13) "transportation services" means the carriage, for compensation or 20 with the intent to receive compensation, of persons engaged in guided sport fishing, 21 the persons' equipment or fish taken during guided sport fishing activities and the 22 advertising of these services; 23 (14) "vessel" means a floating craft, powered, towed, rowed, or 24 otherwise propelled that is used for accommodations or for delivering, landing, or 25 taking fish within the jurisdiction of the state. 26  * Sec. 5. AS 16.05.395 is amended to read: 27 Sec. 16.05.395. Sport fishing vessel registration. A [FOR CALENDAR 28 YEAR 2005 AND SUBSEQUENT CALENDAR YEARS, A] person may not use a 29 vessel to provide sport fishing services under AS 08.57 [AS 16.40.260 - 16.40.299] 30 unless the vessel is registered with the department and proof of registration is attached 31 to and clearly visible on the vessel while the vessel is used to provide sport fishing 01 services. The department shall register vessels used to provide sport fishing services, 02 and provide proof of registration, without charge. The department and the Sport  03 Fishing Guide Services Board established under AS 08.57 may adopt regulations as 04 the department and the Sport Fishing Guide Services Board find [FINDS] 05 necessary to implement this section. 06  * Sec. 6. AS 16.05 is amended by adding a new section to read: 07 Sec. 16.05.396. Sport fishing guide-outfitter, sport fishing outfitter, and  08 sport fishing transporter records; confidentiality of records and activity reports. 09 (a) The department shall collect information from guide-outfitters licensed under 10 AS 08.57, including 11 (1) the name and license number of each licensee under AS 08.57 12 providing sport fishing guide services; 13 (2) the amount of fishing effort, catch, and harvest by clients of a sport 14 fishing guide-outfitter; 15 (3) the locations fished during the provision of sport fishing guide 16 services; and 17 (4) other information that the department requires by regulation. 18 (b) The department may collect other appropriate information from outfitters 19 and transporters licensed under AS 08.57. 20 (c) Information collected under this section is confidential to the extent 21 provided under AS 16.05.815 or AS 40.25.110 but shall be shared with the Sport 22 Fishing Guide Services Board under 08.57.020. 23 (d) The department may adopt regulations under AS 44.62 (Administrative 24 Procedure Act) that it considers necessary to implement this section. 25 (e) The department shall make sport fishing log books received under this 26 section and activity reports received under AS 08.57.120 available for law 27 enforcement purposes to state agencies, federal law enforcement agencies, and other 28 law enforcement agencies on request. 29 (f) Forms, records, and reports required under this section shall be distributed, 30 received, and stored electronically. 31  * Sec. 7. AS 25.27.244(s)(2) is amended to read: 01 (2) "license" 02 (A) means, except as provided in (B) of this paragraph, a 03 license, certificate, permit, registration, or other authorization that, at the time 04 of issuance, will be valid for more than 150 days and that may be acquired 05 from a state agency to perform an occupation, including the following: 06 (i) license relating to boxing or wrestling under 07 AS 05.10; 08 (ii) authorization to perform an occupation regulated 09 under AS 08; 10 (iii) teacher certificate under AS 14.20; 11 (iv) authorization under AS 18.08 to perform 12 emergency medical services; 13 (v) asbestos worker certification under AS 18.31; 14 (vi) boiler operator's license under AS 18.60.395; 15 (vii) certificate of fitness under AS 18.62; 16 (viii) hazardous painting certification under AS 18.63; 17 (ix) security guard license under AS 18.65.400 - 18 18.65.490; 19 (x) license relating to insurance under AS 21.27; 20 (xi) employment agency permit under AS 23.15.330 - 21 23.15.520; 22 (xii) registration as a broker-dealer, an agent, a state 23 investment adviser, or an investment adviser representative under 24 AS 45.55.030; 25 (xiii) certification as a pesticide applicator under 26 AS 46.03.320; 27 (xiv) certification as a storage tank worker or contractor 28 under AS 46.03.375; 29 (xv) certification as a water and wastewater works 30 operator under AS 46.30; 31 (xvi) commercial crewmember fishing license under 01 AS 16.05.480 other than an entry permit or interim-use permit under 02 AS 16.43; 03 (xvii) fish transporter permit under AS 16.05.671; 04 (xviii) sport fishing guide-outfitter license under  05 AS 08.57.110 [OPERATOR LICENSE UNDER AS 16.40.260]; 06 (xix) sport fishing outfitter [GUIDE] license under 07 AS 08.57.120 [AS 16.40.270]; 08 (xx) sport fishing assistant guide license under  09 AS 08.57.130;  10 (xxi) sport fishing transporter license under  11 AS 08.57.140; 12 (B) does not include 13 (i) a vessel license issued under AS 16.05.490 or 14 16.05.530; 15 (ii) [REPEALED 16 (iii)] a business license issued under AS 43.70; 17 (iii) [(iv)] an entry permit or interim-use permit issued 18 under AS 16.43; or 19 (iv) [(v)] a driver's license issued under AS 28.15; 20  * Sec. 8. AS 41.21.506(b) is amended to read: 21 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 22 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 23 and to implement the plan adopted under (a) of this section. The regulations must 24 (1) designate incompatible uses and prohibit or restrict them; and 25 (2) establish a registration, licensing, or comparable procedure for 26 professional fishing guides and [SUCH] additional fishing guide controls [AS] the 27 commissioner considers necessary; notwithstanding the requirements established by 28 the commissioner to implement this paragraph, the commissioner shall establish a 29 procedure by which the holder of a valid sport fishing guide-outfitter [OPERATOR] 30 license issued under AS 08.57.110 [AS 16.40.260] may petition for, and the director 31 of the division of parks, or the director's designee, shall expeditiously issue, a waiver 01 to allow the sport fishing guide-outfitter [OPERATOR] license holder access to the 02 [TO USE THE SERVICES IN THE] Kenai River Special Management Area for  03 guide-outfitter services even if the guide-outfitter [OF A GUIDE LICENSED 04 UNDER AS 16.40.270 WHO] has not completed the procedures and additional 05 controls that are required by the department under this paragraph; the waiver 06 authorized in this paragraph applies only for the duration of the sport fishing season 07 during which the waiver application is submitted and only if the sport fishing operator 08 license holder 09 (A) employing the licensed guide has lost the services of a 10 licensed guide because of unforeseen circumstances; and 11 (B) is unable to hire as a replacement an available licensed 12 guide who has satisfied all the requirements of this paragraph, including those 13 required by regulation. 14  * Sec. 9. Section 8, ch. 70, SLA 2004, as amended by sec. 3, ch. 61, SLA 2009, sec. 1, ch. 15 48, SLA 2010, sec. 1, ch. 13, SLA 2011, and sec. 1, ch. 30, SLA 2012, is amended to read: 16 Sec. 8. AS 16.05.340(a)(26); AS 16.40.260, 16.40.270, 16.40.280, 16.40.290, 17 16.40.299 [; AS 25.27.244(s)(2)(A)(xviii), AND 25.27.244(s)(2)(A)(xix)] are repealed 18 January 1, 2016 [2015]. 19  * Sec. 10. Sections 22 and 31, ch. 58, SLA 2010, are repealed. 20  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INITIAL APPOINTMENT OF MEMBERS OF THE SPORT FISHING GUIDE 23 SERVICES BOARD. (a) Notwithstanding AS 08.57.010(d), added by sec. 4 of this Act, and 24 AS 39.05.055, the governor shall appoint the initial members of the Sport Fishing Guide 25 Services Board to serve terms as follows and shall designate the terms to be served by each 26 person appointed: 27 (1) three members serve for one year; 28 (2) three members serve for two years; and 29 (3) three members serve for three years. 30 (b) The governor shall appoint 31 (1) five persons who are active, licensed registered guides under AS 16.40.260 01 - 16.40.299 at the time of appointment to fill the initial registered guide-outfitter positions; 02 (2) one person who, at the time of appointment, is currently active providing 03 carriage, for compensation, to persons engaged in sport fishing, to fill the initial sport fishing 04 transporter position; 05 (3) one person who is a member of the Board of Fisheries to fill the Board of 06 Fisheries position; and 07 (4) two people who are not, and have not been, active licensed, registered 08 guides under AS 16.40.260 - 16.40.299 and do not hold, and have not held, a commercial 09 fishing license or permit under AS 16, to fill the public member positions. 10 (c) The governor shall appoint the initial members of the board to give the board a 11 reasonable geographic balance among the regions of the state. 12  * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 APPLICATIONS. (a) The Sport Fishing Guide Services Board shall accept 15 applications for sport fishing guide-outfitter licenses, sport fishing outfitter licenses, sport 16 fishing assistant guide licenses, and sport fishing transporter licenses, and be available to 17 administer, not later than April 1, 2015, the required examinations and certification under 18 AS 08.57.030(a)(1), as added by sec. 4 of this Act; and 19 (b) The board shall issue, effective January 1, 2016, to those applicants under (a) of 20 this section who satisfy all requirements for a particular license, a valid sport fishing guide- 21 outfitter license, sport fishing outfitter license, sport fishing assistant guide license, or sport 22 fishing transporter license. Notwithstanding AS 08.57.110(a), 08.57.120(a), 08.57.130(a), and 23 08.57.140(a), as added by sec. 4 of this Act, when issuing licenses under this section, the 24 board may provide that half the licenses issued are for a one-year term. The fee charged by 25 the Department of Commerce, Community, and Economic Development for a license that is 26 valid for one year shall be half the fee charged for a biennial license. 27  * Sec. 13. Section 32, ch. 58, SLA 2010, is repealed. 28  * Sec. 14. Sections 9, 10, and 13 of this Act take effect January 1, 2015. 29  * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect January 1, 2014.