CSHB 151(RES): "An Act relating to personal hunting of big game by big game guides while clients are in the field, to use area registration for portions of additional guide use areas by registered guides, and to eligibility for big game guide licenses or a transporter license."
00CS FOR HOUSE BILL NO. 151(RES) 01 "An Act relating to personal hunting of big game by big game guides while 02 clients are in the field, to use area registration for portions of additional guide 03 use areas by registered guides, and to eligibility for big game guide licenses or 04 a transporter license." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.54.605(b) is amended to read: 07 (b) Notwithstanding (a) of this section, (a)(1)(B) and (C) [(a)(1)(C)] of this 08 section are not applicable to offenses committed by a person who receives or received 09 any class of guide license or a transporter license under sec. 13 [SECTION 13], ch. 10 33, SLA 1996, if the offense was committed before May 23, 1996. This subsection 11 does not apply when a person applies for a license that is different from the class 12 of guide license or the transporter license received under sec. 13, ch. 33, SLA 13 1996. 14 * Sec. 2. AS 08.54.720(a) is amended to read:
01 (a) It is unlawful for a 02 (1) person who is licensed under this chapter to knowingly fail to 03 promptly report to the Department of Public Safety, division of fish and wildlife 04 protection, and in no event later than 20 days, a violation of a state game, guiding, or 05 transportation services statute or regulation that the person reasonably believes was 06 committed by a client or an employee of the person; 07 (2) person who is licensed under this chapter to intentionally obstruct 08 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 09 is not a client of the person; 10 (3) class-A assistant guide or an assistant guide to knowingly guide a 11 hunt except while employed and supervised by a registered guide; 12 (4) person who holds any class of guide license to knowingly enter or 13 remain on private land without prior authorization during the course of providing big 14 game hunting services; 15 (5) registered guide to knowingly engage in providing big game hunting 16 services outside of 17 (A) a game management unit for which the registered guide is 18 certified; or 19 (B) a use area for which the registered guide is registered under 20 AS 08.54.750 unless the registration requirement for the area has been 21 suspended by the Department of Fish and Game; 22 (6) person to knowingly guide without having a current registered 23 guide, class-A assistant guide, or assistant guide license and hunting license in actual 24 possession; 25 (7) registered guide to knowingly fail to comply with AS 08.54.610(e); 26 (8) person who is licensed under this chapter to knowingly 27 (A) commit or aid in the commission of a violation of this 28 chapter, a regulation adopted under this chapter, or a state game statute or 29 regulation; or 30 (B) permit the commission of a violation of this chapter, a 31 regulation adopted under this chapter, or a state game statute or regulation that
01 the person knows or reasonably believes is being or will be committed without 02 (i) attempting to prevent it, short of using force; and 03 (ii) reporting the violation; 04 (9) person without a current registered guide license to knowingly 05 guide, advertise as a registered guide, or represent to be a registered guide; 06 (10) person without a current master guide license to knowingly 07 advertise as, or represent to be, a master guide; 08 (11) person without a current registered guide license to knowingly 09 outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be 10 an outfitter of big game hunts; 11 (12) person to knowingly provide transportation services to big game 12 hunters without holding a current registered guide license or transporter license; 13 (13) person without a current transporter license to knowingly advertise 14 as, or represent to be, a transporter; 15 (14) class-A assistant guide or an assistant guide to knowingly contract 16 to guide or outfit a hunt; 17 (15) person licensed under this chapter to knowingly violate a state 18 statute or regulation prohibiting waste of a wild food animal or hunting on the same 19 day airborne; [OR] 20 (16) person to knowingly provide big game hunting service or 21 transportation services during the period for which the person's license to provide that 22 service is suspended or revoked; 23 (17) registered guide, except in the defense of life or property, to 24 knowingly personally take big game while a client of the registered guide is in the 25 field; or 26 (18) person who is licensed as a registered guide, a class-A assistant 27 guide, or an assistant guide, except in the defense of life or property, to knowingly 28 personally take big game while a client of the registered guide by whom the 29 person is employed is in the field unless the person is not participating in, 30 supporting, or otherwise assisting in providing big game hunting services to a 31 client of the registered guide by whom the person is employed.
01 * Sec. 3. AS 08.54.720(b) is amended to read: 02 (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a 03 person who commits an offense set out in (a)(1) - (7), (17), or (18) of this section is 04 guilty of a misdemeanor and is punishable by a fine of not more than $10,000 or by 05 imprisonment up to one year, or both. 06 * Sec. 4. AS 08.54.720(f) is amended to read: 07 (f) In addition to the penalties set out in (b) - (e) of this section and a 08 disciplinary sanction imposed under AS 08.54.710, 09 (1) the court may order the department to suspend the guide license or 10 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 11 (3) - (5), [OR] (7), (17), or (18) of this section for a specified period of not more than 12 three years; 13 (2) the court shall order the department to suspend the guide license or 14 transporter license of a person who commits a misdemeanor offense set out in (a)(2) 15 or (8) - (14) of this section for a specified period of not less than one year and not 16 more than five years; 17 (3) the court shall order the department to suspend the guide license or 18 transporter license for a specified period of not less than three years, or to permanently 19 revoke the guide license or transporter license, of a person who commits an offense 20 set out in (a)(15) or (16) of this section; and 21 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 22 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, 23 a violation of (a) of this section may be seized by persons authorized to enforce this 24 chapter and may be forfeited to the state as provided under AS 16.05.195. 25 * Sec. 5. AS 08.54.750 is amended by adding a new subsection to read: 26 (e) Notwithstanding (b) of this section, a registered guide who is registered in 27 three guide use areas may also register for and conduct big game hunting services in 28 a portion of one additional guide use area on federal land adjacent to a guide use area 29 in which the registered guide is already registered if the department finds that the 30 portion of the adjacent guide use area for which the registered guide is seeking to be 31 registered would otherwise remain unused by a registered guide because the boundaries
01 of guide use areas do not coincide with boundaries of federal big game guide 02 concession or permit areas.