CSHB 175(RES): "An Act relating to licensing of sport fishing services operators and fishing guides; and providing for an effective date."
00CS FOR HOUSE BILL NO. 175(RES) 01 "An Act relating to licensing of sport fishing services operators and fishing 02 guides; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.330(a) is amended to read: 05 (a) Except as otherwise permitted in this chapter, without having the 06 appropriate license or tag in actual possession, a person may not engage in 07 (1) sport fishing, including the taking of razor clams; 08 (2) hunting, trapping, or fur dealing; 09 (3) the farming of fish, fur, or game; [OR] 10 (4) taxidermy; or 11 (5) providing fishing guide services to sport or personal use 12 fishermen. 13 * Sec. 2. AS 16.05.340(a) is amended by adding a new paragraph to read: 14 (25) Fishing services licenses
01 (A) Sport fishing services operator license 02 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75 03 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .225 04 (B) Fishing guide license 05 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 06 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 07 (C) Sport fishing services operator and fishing guide license 08 (i) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 09 (ii) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225. 10 * Sec. 3. AS 16.05.815(d) is amended to read: 11 (d) Except as otherwise provided in this section, the department shall keep 12 confidential (1) personal information contained in fish and wildlife harvest and usage 13 data; [AND] (2) the records of the department that concern (A) telemetry radio 14 frequencies of monitored species; (B) denning sites; (C) nest locations of raptors that 15 require special attention; (D) the specific location of animal capture sites used for 16 wildlife research or management; and (E) the specific location of fish and wildlife 17 species; and (3) information contained in reports received by the department 18 under AS 16.40.370. The department may release records and information that are 19 kept confidential under this subsection if the release is necessary to comply with a 20 court order, if the requestor is a state or federal agency, if the requestor is under 21 contract with the state or federal agency to conduct research on a fish or wildlife 22 population, or if the requestor has been authorized by the department to perform 23 specific activities and agrees to use the records and information only for purposes as 24 provided under a contract or agreement with the department. After 25 years, the 25 records and information that are kept confidential under this subsection become public 26 records subject to inspection and copying under AS 09.25.110 - 09.25.140 unless the 27 department determines that the release of the records or information may be 28 detrimental to the fish or wildlife population. In this subsection, "personal 29 information" has the meaning given in AS 44.99.350. 30 * Sec. 4. AS 16.40 is amended by adding new sections to read: 31 ARTICLE 4. SPORT AND PERSONAL USE FISHING SERVICES.
01 Sec. 16.40.350. SPORT FISHING SERVICES OPERATOR LICENSE. (a) 02 The department shall issue an annual sport fishing services operator license to a person 03 who 04 (1) holds a current business license under AS 43.70 to provide services 05 to sport and personal use fishermen; 06 (2) presents proof satisfactory to the department of a general liability 07 insurance policy or marine protection and indemnity liability insurance policy, covering 08 the services provided by the person and the person's employees to sport and personal 09 use fishermen, that provides an annual minimum coverage of $300,000; and 10 (3) pays the license fee prescribed by AS 16.05.340(a). 11 (b) A person may not provide sport fishing services unless the person holds 12 a current sport fishing services operator license and has a general liability insurance 13 policy or marine protection and indemnity liability insurance policy, covering the 14 services provided by the person and the person's employees to sport and personal use 15 fishermen, that provides an annual minimum coverage of $300,000. 16 (c) A person who holds a sport fishing services operator license may contract 17 to provide fishing guide services to a sport or personal use fisherman through an 18 employee who holds a fishing guide license. 19 (d) A person who holds a sport fishing services operator license may not 20 directly provide fishing guide services to a sport or personal use fisherman unless the 21 person also holds a fishing guide license. 22 (e) A person who holds a sport fishing services operator license and who 23 intentionally or knowingly aids or abets in a violation of AS 16.40.350 - 16.40.390 or 24 a regulation adopted under AS 16.40.350 - 16.40.390 by a fishing guide who is 25 employed by the person is equally responsible for the violation. 26 Sec. 16.40.360. FISHING GUIDES. (a) A natural person may obtain an annual 27 fishing guide license if the person 28 (1) is a citizen of the United States or a resident alien; 29 (2) is certified in first aid and cardiopulmonary resuscitation by the 30 American Red Cross, American Heart Association, or an equivalent organization; 31 (3) holds a license to carry passengers for hire issued by the United
01 States Coast Guard, if the person operates a vessel in the provision of fishing guide 02 services and the license is required by the United States Coast Guard for the area in 03 which the fishing guide provides fishing guide services; 04 (4) holds a current sport fishing license; and 05 (5) pays the fee prescribed by AS 16.05.340(a). 06 (b) A natural person may obtain an annual combined sport fishing services 07 operator and fishing guide license if the person satisfies the requirements for a sport 08 fishing services operator license under AS 16.40.350 and for a fishing guide license 09 under this section and pays the fee prescribed by AS 16.05.340(a). 10 (c) A person may not provide fishing guide services unless the person 11 (1) has first obtained a sport fishing guide license under this section; and 12 (2) is an employee of a licensed sport fishing services operator or holds 13 a sport fishing services operator license. 14 (d) A fishing guide may provide fishing guide services only to persons who have 15 engaged the services of the sport fishing services operator by whom the fishing guide is 16 employed. A fishing guide may not contract directly with a person to provide fishing 17 guide services to that person unless the fishing guide also holds a sport fishing services 18 operator license. 19 (e) While engaged in providing fishing guide services, a fishing guide shall 20 physically possess 21 (1) a fishing guide license; 22 (2) the current licenses, tags, and permits that are required to engage in 23 the sport or personal use fishery for which the fishing guide services are being provided; 24 (3) a driver's license or similar identification card that was issued by a 25 state or federal agency and that bears a photograph of the fishing guide; 26 (4) proof of employment as a fishing guide by a person licensed as a 27 sport fishing services operator or proof of licensure as a sport fishing services operator; 28 (5) proof of current certification in first aid and cardiopulmonary 29 resuscitation; and 30 (6) proof of licensure by the United States Coast Guard to carry 31 passengers for hire, if the fishing guide is operating a vessel in the provision of fishing
01 guide services and the license is required by the United States Coast Guard for the area 02 in which the fishing guide provides fishing guide services. 03 (f) A fishing guide may not aid the commission of a violation of AS 16.05 - 04 AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a sport or personal use 05 fisherman who is a client of the fishing guide. 06 Sec. 16.40.370. REPORTS. (a) The department shall collect in-season 07 information from sport fishing services operators on the number of king salmon, sockeye 08 salmon, coho salmon, chum salmon, and halibut taken by clients and fishing guides 09 during the provision of fishing guide services. The department may collect information 10 from sport fishing services operators on the number of pink salmon taken by clients and 11 fishing guides during the provision of fishing guide services and may collect other 12 information the department considers appropriate. 13 (b) A person who holds a license issued under AS 16.40.350 or 16.40.360 shall 14 comply with reporting requirements adopted by regulation by the department. 15 (c) A person who is required to complete reports under this section may not 16 provide false, misleading, or substantially incomplete information. 17 (d) A person who is required to complete reports under this section may not 18 receive a new license under AS 16.40.350 or 16.40.360 unless all reports required under 19 this section for the preceding year have been received by the department. 20 Sec. 16.40.380. PENALTY. (a) Except as provided in (b) of this section, a 21 person who intentionally or knowingly violates AS 16.40.350 - 16.40.390 or a regulation 22 adopted under AS 16.40.350 - 16.40.390 is guilty of a class A misdemeanor. 23 (b) A person who intentionally or knowingly violates AS 16.40.360(e) is 24 (1) guilty of a violation and upon conviction is punishable by a fine of 25 not more than $500; or 26 (2) for a second or subsequent offense in a three-year period, guilty of 27 a class B misdemeanor. 28 (c) In addition to the penalties imposed upon a person who is guilty of a class 29 B misdemeanor under (b) of this section, a court may revoke the person's fishing guide 30 license. 31 Sec. 16.40.390. DEFINITIONS. In AS 16.40.350 - 16.40.390,
01 (1) "field" means an area that is 02 (A) outside of established developments usually associated with 03 a city or town; and 04 (B) not reasonably accessible by foot from the state highway 05 system; 06 (2) "fishing club" means an organization that offers use of real or 07 personal property or services to persons who pay a membership fee for the privilege of 08 using the real or personal property or services for sport or personal use fishing; 09 (3) "fishing guide" means a natural person who holds a fishing guide 10 license issued under AS 16.40.360; 11 (4) "fishing guide services" means to assist, for compensation or with the 12 intent to receive compensation, a sport or personal use fisherman in the field to take or 13 to attempt to take fish by accompanying or personally directing the fisherman in sport 14 or personal use fishing activities; "fishing guide services" do not include 15 (A) an activity for which a sport fishing services operator license 16 is required; or 17 (B) services provided by assistants, deck hands, and similar 18 persons who work directly under the supervision of and on the same vessel as a 19 fishing guide; 20 (5) "highway" has the meaning given in AS 19.45.001; 21 (6) "outfitting" means the provision of equipment or services to sport or 22 personal use fishermen in the field; "outfitting" does not include 23 (A) renting of vessels without a vessel operator; or 24 (B) the sale of fishing tackle, bait, or fuel; 25 (7) "sport fishing services" means the provision to sport or personal use 26 fishermen, for compensation or with the intent to receive compensation, of fishing guide 27 services through a person who is licensed as a fishing guide under AS 16.40.360, of 28 outfitting services, or of fishing club services; "sport fishing services" does not include 29 (A) an activity for which a fishing guide license is required; or 30 (B) booking and other ancillary services provided by a tour 31 broker or agent to a fishing services operator.