HB 175: "An Act relating to sport fish guides; and providing for an effective date."
00HOUSE BILL NO. 175 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 shall collect information on the number of salmon, halibut, 18 and other fish taken by clients of a sport fish guide and may request information 19 regarding the time and specific location of guiding activities, the number of clients 20 guided, the owner and identity of a vessel used for sport fishing, the name of a person, 21 other than a client sport fisherman, who employs or contracts with the guide to provide 22 guiding services for sport fishermen, and other information the department considers 23 appropriate. 24 (c) A person who is required to complete reports under this section may not 25 intentionally, knowingly, or recklessly provide false, misleading, or substantially 26 incomplete information. A person who has been convicted under this chapter for 27 violating this subsection may not receive a sport fish guide license for three years from 28 the date of the conviction. 29 (d) A person who is required to complete reports under this section may not 30 receive a sport fishing guide license unless all reports required by the department for 31 the preceding year have been received by the department.
01 * Sec. 5. AS 16.05.815(d) is amended to read: 02 (d) Except as otherwise provided in this section, the department shall keep 03 confidential (1) personal information contained in fish and wildlife harvest and usage 04 data; and (2) the records of the department that concern (A) telemetry radio 05 frequencies of monitored species; (B) denning sites; (C) nest locations of raptors that 06 require special attention; (D) the specific location of animal capture sites used for 07 wildlife research or management; [AND] (E) the specific location of fish and wildlife 08 species; and (F) information contained in reports received by the department 09 under AS 16.05.448. The department may release records and information that are 10 kept confidential under this subsection if the release is necessary to comply with a 11 court order, if the requestor is a state or federal agency, if the requestor is under 12 contract with the state or federal agency to conduct research on a fish or wildlife 13 population, or if the requestor has been authorized by the department to perform 14 specific activities and agrees to use the records and information only for purposes as 15 provided under a contract or agreement with the department. After 25 years, the 16 records and information that are kept confidential under this subsection become public 17 records subject to inspection and copying under AS 09.25.110 - 09.25.140 unless the 18 department determines that the release of the records or information may be 19 detrimental to the fish or wildlife population. In this subsection, "personal 20 information" has the meaning given in AS 44.99.350. 21 * Sec. 6. AS 16.05.940 is amended by adding a new paragraph to read: 22 (37) "sport fish guiding" means personally assisting another person to 23 engage in sport fishing by accompanying and directly aiding the person in taking sport 24 fish for all or a portion of a sport fishing trip in exchange for compensation for 25 services, or an agreement for compensation for services, that is in excess of actual 26 expenses incurred. 27 * Sec. 7. This Act takes effect January 1, 1996.