CSHB 496(FSH): "An Act relating to sport fish guides; and providing for an effective date."
00CS FOR HOUSE BILL NO. 496(FSH) 01 "An Act relating to sport fish guides; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. INTENT. It is the intent of the legislature that the revenue generated by the 04 sale of sport fish guide licenses be appropriated to the Department of Fish and Game for the 05 collection and analysis of information from sport fish guides under AS 16.05.448. 06 * Sec. 2. AS 16.05.330(a) is amended to read: 07 (a) Except as otherwise permitted in this chapter, without having the 08 appropriate license or tag in actual possession a person may not engage in 09 (1) sport fishing, including the taking of razor clams; 10 (2) hunting, trapping, or fur dealing; 11 (3) the farming of fish, fur, or game; [OR] 12 (4) taxidermy; or 13 (5) sport fish guiding. 14 * Sec. 3. AS 16.05.340(a) is amended by adding a new paragraph to read:
01 (25) Sport fish guide license 02 (A) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200 03 (B) Nonresident. . . . . . . . . . . . . . . . . . . . . . . . . . . .600. 04 A person who holds a permit issued by the Department of Natural Resources to 05 provide sport fishing guide services within the Kenai River Special Management Area, 06 who pays a fee for the permit that is equal to or exceeds the appropriate fee set out 07 in this paragraph, and who does not engage in sport fish guiding outside of the Kenai 08 River Special Management Area shall receive a sport fish guide license without charge, 09 if the person is eligible to obtain a sport fish guide license under AS 16.05.448. 10 * Sec. 4. AS 16.05 is amended by adding a new section to read: 11 Sec. 16.05.448. SPORT FISH GUIDES. (a) A person may not engage in 12 sport fish guiding without first obtaining a sport fish guide license. 13 (b) A person who obtains a sport fish guide license shall complete reports in 14 the form and at the time as may be required by the department. The department shall 15 adopt regulations allocating the responsibility for completing the reports required under 16 this section among two or more persons who simultaneously provide guide services to 17 a client. The department may request information regarding the time and specific 18 location of guiding activities, the number of clients guided, the species and number of 19 fish taken, the owner and identity of a vessel used for sport fishing, the name of a 20 person, other than a client sport fisherman, who employs or contracts with the guide 21 to provide guiding services for sport fishermen, and other information the department 22 considers appropriate. 23 (c) A person who is required to complete reports under this section may not 24 intentionally, knowingly, or recklessly provide false, misleading, or substantially 25 incomplete information. A person who has been convicted under this chapter for 26 violating this subsection may not receive a sport fish guide license for three years from 27 the date of the conviction. 28 (d) A person who is required to complete reports under this section may not 29 receive a sport fishing guide license unless all reports required by the department for 30 the preceding year have been received by the department. 31 * Sec. 5. AS 16.05.815(d) is amended to read:
01 (d) Except as otherwise provided in this section, the department shall keep 02 confidential (1) personal information contained in fish and wildlife harvest and usage 03 data; (2) information contained in reports received by the department under 04 AS 16.05.448; and (3) [(2)] when the knowledge may be detrimental to the fish or 05 wildlife population, the records of the department that concern telemetry radio 06 frequencies of monitored species, denning sites, nest locations of raptors that require 07 special attention, and the location of fish and wildlife species. The department may 08 release records and information that are kept confidential under this subsection if the 09 release is necessary to comply with a court order or if the requestor is a state or 10 federal agency. After 25 years, the records and information that are kept confidential 11 under this subsection become public records subject to inspection and copying under 12 AS 09.25.110 - 09.25.140 unless the department determines that the release of the 13 records or information may be detrimental to the fish or wildlife population. In this 14 subsection, "personal information" has the meaning given in AS 44.99.350. 15 * Sec. 6. AS 16.05.940 is amended by adding a new paragraph to read: 16 (37) "sport fish guiding" means personally assisting another person to 17 engage in sport fishing by accompanying and directly aiding the person in taking sport 18 fish for all or a portion of a sport fishing trip in exchange for compensation for 19 services, or an agreement for compensation for services, that is in excess of actual 20 expenses incurred; "sport fish guiding" does not include the provision of only 21 transportation services. 22 * Sec. 7. This Act takes effect January 1, 1995.