00 Enrolled SB 97 01 Establishing a big game guide concession area permit program on land in the state; relating to 02 the duties of the Big Game Commercial Services Board, the Board of Game, the Department 03 of Fish and Game, and the Department of Natural Resources; requiring the Board of Game to 04 establish an initial big game guide concession area; and providing for an effective date. 05 _______________ 06 * Section 1. AS 08.54.600(a) is amended by adding a new paragraph to read: 07 (10) coordinate and consult with the Board of Game and the 08 Department of Natural Resources to fulfill the duties of each under AS 16.05.263 and 09 AS 38.05.021. 10 * Sec. 2. AS 16.05 is amended by adding a new section to read: 11 Sec. 16.05.263. Establishment of big game guide concession areas. (a) The 12 Board of Game shall consider and approve or disapprove a proposal to establish a big 01 game guide concession area that would be administered by the Department of Natural 02 Resources under AS 38.05.021 in a single game management unit or subunit. The 03 board may only establish a big game guide concession area by approving a proposal 04 submitted under this section to do so. A big game guide may conduct a hunt in a 05 concession area established under this section only if the guide holds a big game guide 06 concession area permit issued under AS 38.05.021. 07 (b) A person may submit a proposal to the Board of Game for the 08 establishment of a big game guide concession area. After providing 15 days' public 09 notice, the board may consider the proposal at the board's next regular meeting in the 10 region where the big game guide concession area is proposed. 11 (c) After taking public comment, the Board of Game, in consultation with the 12 Department of Fish and Game, the Department of Natural Resources, and the Big 13 Game Commercial Services Board established under AS 08.54.591, may approve a 14 proposal to establish a big game guide concession area if the board determines that 15 establishing the area 16 (1) supports the conservation and management of the state's land and 17 big game resources; 18 (2) aids in the enforcement of state statutes and regulations relating to 19 guided hunts for big game; and 20 (3) is in the public interest. 21 (d) If the Board of Game approves the establishment of a big game guide 22 concession area under this section, the board shall determine the number of full big 23 game guide concession area permits and limited big game guide concession area 24 permits that the Department of Natural Resources shall make available under 25 AS 38.05.021. To determine the number of full big game guide concession area 26 permits and limited big game guide concession area permits that should be issued for a 27 big game guide concession area and the specific authorizations that should attach to 28 each concession permit authorized for the area, the Board of Game 29 (1) may establish advisory boards composed of representatives of the 30 state departments and boards listed in (c) of this section who are familiar with the area 31 and interested members of the public to assist the board in making the determination; 01 (2) may not 02 (A) combine more than three existing guide use areas into a 03 single big game guide concession area; 04 (B) establish more than one big game guide concession area in 05 a single guide use area. 06 (e) In this section, 07 (1) "full big game guide concession area permit" has the meaning 08 given in AS 38.05.021(j); 09 (2) "game management unit" has the meaning given in AS 08.54.790; 10 (3) "guide use area" has the meaning given in AS 08.54.750(g); 11 (4) "limited big game guide concession area permit" has the meaning 12 given in AS 38.05.021(j). 13 * Sec. 3. AS 38.05 is amended by adding a new section to read: 14 Sec. 38.05.021. Big game guide concession area permit program. (a) The 15 commissioner shall implement a big game guide concession area permit program to 16 limit the number of individuals authorized to conduct big game guiding on land in the 17 state where the Board of Game has approved the establishment of a big game guide 18 concession area under AS 16.05.263. 19 (b) The commissioner shall administer the big game guide concession area 20 permit program to 21 (1) encourage conservation of the state's land and wildlife resources; 22 (2) provide a superior hunting experience to individuals who retain big 23 game guiding services by limiting the number of guided hunts occurring in the same 24 area; 25 (3) reduce user conflicts between big game guides and between big 26 game guides and other users of land in the state; 27 (4) ensure a responsible, professional, and economically healthy big 28 game guide guiding industry in the state; and 29 (5) incentivize long-term planning and the conservation of natural 30 resources by big game guides. 31 (c) The department shall issue full big game guide concession area and limited 01 big game guide concession area permits for a big game guide concession area 02 established by the Board of Game under AS 16.05.263 in an open, public, and 03 competitive process. The department shall establish permit standards and scoring 04 criteria, but may not provide that a permit be issued based on the highest bid amount. 05 A big game guide may not hold more than three concession permits at a time for state 06 land issued under this subsection and is subject to the requirements of AS 08.54.750. 07 A concession permit issued under this subsection is valid for 10 years from the date 08 issued. A concession permit issued under this subsection may not be extended or 09 renewed without the same open and competitive process provided by the department 10 for the issuance of a concession permit under this subsection. 11 (d) The commissioner, in consultation with the Big Game Commercial 12 Services Board established under AS 08.54.591, the Board of Game, and the 13 Department of Fish and Game, shall adopt regulations necessary to establish and 14 administer the big game guide concession area permit program, including regulations 15 relating to 16 (1) the qualifications for a full big game guide concession area permit 17 or a limited big game guide concession area permit; 18 (2) the process for issuing full big game guide concession area permits 19 and limited big game guide concession area permits and the scope and authorizations 20 provided by each permit; 21 (3) the determination and collection of reasonable concession permit 22 fees; in determining reasonable concession permit fees, the commissioner shall 23 consider the following: 24 (A) fees paid by big game guides holding similar concession 25 permits in other jurisdictions; 26 (B) the number and type of concession permits issued for a big 27 game guide concession area. 28 (e) Subject to the approval of the commissioner, a big game guide who holds a 29 concession permit under this section may, during the term of the permit, transfer the 30 concession permit to another individual qualified under regulations adopted under this 31 section. In approving or disapproving the transfer of a permit, the commissioner shall 01 consider the circumstances of the proposed transfer and whether the transfer will 02 promote the principles listed in (b) of this section. 03 (f) The commissioner, in consultation with the Big Game Commercial 04 Services Board established under AS 08.54.591, the Board of Game, and the 05 Department of Fish and Game, may suspend or revoke a concession permit issued 06 under this section. If a permittee violates the terms of a concession permit issued under 07 this section, the commissioner may suspend or revoke the concession permit after 08 providing the permittee with written notice and an opportunity to be heard. 09 (g) The commissioner shall keep confidential information provided by the Big 10 Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any 11 propriety information, confidential commercial information, or confidential financial 12 information used by the department in the course of approving or denying an 13 application for a big game guide concession area permit offered under this section. 14 (h) The commissioner is responsible for administration and enforcement of 15 this section and may delegate that authority as appropriate. The department may issue 16 a citation for a violation of this section or a regulation adopted under this section. 17 (i) In issuing a full big game guide concession area permit or limited big game 18 guide concession area permit under this section, the commissioner, in consultation 19 with the Big Game Commercial Services Board established under AS 08.54.591, the 20 Board of Game, the Department of Fish and Game, and private landowners who own 21 5,000 or more acres of land in the game management unit where a concession program 22 is established shall consider each applicant's professional history and reputation, in 23 addition to other applicable criteria in the process required by (c) of this section. 24 (j) In this section, 25 (1) "concession permit" means a permit granting a big game guide the 26 right to conduct commercial big game hunts on land within a geographic area defined 27 by the department; 28 (2) "full big game guide concession area permit" means a concession 29 permit made available by the department through a competitive process that limits the 30 number of clients that a permit holder may provide big game guided hunts to in the 31 area and limits the species the permit holder may provide guided hunts for in the 01 concession area; 02 (3) "limited big game guide concession area permit" means a 03 concession permit made available by the department through a random draw 04 application process that provides more restrictive limitations than a full big game 05 guide concession area permit on the number of clients that a permit holder may 06 provide big game guided hunts to in the area and limits the species the permit holder 07 may provide guided hunts for in the concession area. 08 * Sec. 4. AS 08.54.600(a)(9); AS 16.05.262; and AS 38.05.022 are repealed. 09 * Sec. 5. Sections 46 and 48, ch. 15, SLA 2024, are repealed. 10 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 INITIAL BIG GAME GUIDE CONCESSION AREA AND PERMIT PROGRAM. 13 (a) Notwithstanding AS 16.05.263, added by sec. 2 of this Act, the Board of Game shall 14 establish the initial big game guide concession area under this section. In establishing the 15 initial concession area under this section, the Board of Game, after taking public comment 16 and in consultation with the Big Game Commercial Services Board established under 17 AS 08.54.591, the Department of Fish and Game, and the Department of Natural Resources, 18 shall identify and select a single game management unit or subunit that the Board of Game 19 determines would benefit most from the establishment of a big game guide concession area 20 permit program under AS 38.05.021, added by sec. 3 of this Act, in consideration of the 21 principles of AS 38.05.021(b), added by sec. 3 of this Act. The Board of Game shall 22 determine the number of full big game guide concession area permits and limited big game 23 guide concession area permits that the Department of Natural Resources shall make available 24 in the initial big game guide concession area established under this section and the specific 25 authorizations that should attach to each concession permit authorized under this subsection 26 for the area using the process provided in AS 16.05.263(d), added by sec. 2 of this Act. 27 (b) Notwithstanding the requirement in AS 38.05.021(a) and (c), added by sec. 3 of 28 this Act, that the Board of Game approve the establishment of the area under AS 16.05.263, 29 added by sec. 2 of this Act, the Department of Natural Resources shall establish and 30 administer a big game guide concession area permit program under AS 38.05.021, added by 31 sec. 3 of this Act, in the game management unit or subunit selected by the Board of Game 01 under (a) of this section. 02 (c) In this section, 03 (1) "concession permit" means a permit granting a big game guide the right to 04 conduct commercial big game hunts on land within the boundaries of the region selected by 05 the Board of Game under (a) of this section; 06 (2) "full big game guide concession area permit" has the meaning given in 07 AS 38.05.021(j); 08 (3) "game management unit" has the meaning given in AS 08.54.790; 09 (4) "limited big game guide concession area permit" has the meaning given in 10 AS 38.05.021(j). 11 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION. Notwithstanding the effective date of AS 16.05.263, added by sec. 2 14 of this Act, the Board of Game may only accept and consider a proposal to establish a big 15 game guide concession area under AS 16.05.263, added by sec. 2 of this Act, if 16 (1) the Board of Game has established the concession area required under sec. 17 6 of this Act; and 18 (2) the Department of Natural Resources has implemented and administered a 19 big game guide concession area permit program in the concession area established under sec. 20 6 of this Act for a period of at least three years, notwithstanding the requirement in 21 AS 38.05.021(a) and (c), added by sec. 3 of this Act, that the Board of Game approve the 22 establishment of the area under AS 16.05.263, added by sec. 2 of this Act. 23 * Sec. 8. This Act is retroactive to July 23, 2024. 24 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).