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CSHB 364(RES): "An Act relating to transporters of big game hunters, moose hunting orientation courses, and nonresident big game tags for moose; and providing for an effective date."

00CS FOR HOUSE BILL NO. 364(RES) 01 "An Act relating to transporters of big game hunters, moose hunting orientation 02 courses, and nonresident big game tags for moose; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.54.650 is amended by adding a new subsection to read: 06  (d) In order to maximize the use of game taken by clients of transporters, a 07 transporter shall contact clients at least once every three days while the clients are in 08 the field and, if necessary, transport meat of game taken by the clients out of the field 09 before waste or spoilage can occur. 10 * Sec. 2. AS 08.54.720(a) is amended to read: 11  (a) It is unlawful for a 12  (1) person who is licensed under this chapter to knowingly fail to 13 promptly report to the Department of Public Safety, division of fish and wildlife 14 protection, and in no event later than 20 days, a violation of a state game, guiding, or

01 transportation services statute or regulation that the person reasonably believes was 02 committed by a client or an employee of the person; 03  (2) person who is licensed under this chapter to intentionally obstruct 04 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 05 is not a client of the person; 06  (3) class-A assistant guide or an assistant guide to knowingly guide a 07 hunt except while employed and supervised by a registered guide; 08  (4) person who holds any class of guide license to knowingly enter or 09 remain on private land without prior authorization during the course of providing big 10 game hunting services; 11  (5) registered guide to knowingly engage in providing big game hunting 12 services outside of 13  (A) a game management unit for which the registered guide is 14 certified; or 15  (B) a use area for which the registered guide is registered under 16 AS 08.54.750 unless the registration requirement for the area has been 17 suspended by the Department of Fish and Game; 18  (6) person to knowingly guide without having a current registered 19 guide, class-A assistant guide, or assistant guide license and hunting license in actual 20 possession; 21  (7) registered guide to knowingly fail to comply with AS 08.54.610(e); 22  (8) person who is licensed under this chapter to knowingly 23  (A) commit or aid in the commission of a violation of this 24 chapter, a regulation adopted under this chapter, or a state game statute or 25 regulation; or 26  (B) permit the commission of a violation of this chapter, a 27 regulation adopted under this chapter, or a state game statute or regulation that 28 the person knows or reasonably believes is being or will be committed without 29  (i) attempting to prevent it, short of using force; and 30  (ii) reporting the violation; 31  (9) person without a current registered guide license to knowingly

01 guide, advertise as a registered guide, or represent to be a registered guide; 02  (10) person without a current master guide license to knowingly 03 advertise as, or represent to be, a master guide; 04  (11) person without a current registered guide license to knowingly 05 outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be 06 an outfitter of big game hunts; 07  (12) person to knowingly provide transportation services to big game 08 hunters without holding a current registered guide license or transporter license; 09  (13) person without a current transporter license to knowingly advertise 10 as, or represent to be, a transporter; 11  (14) class-A assistant guide or an assistant guide to knowingly contract 12 to guide or outfit a hunt; 13  (15) person licensed under this chapter to knowingly violate a state 14 statute or regulation prohibiting waste of a wild food animal or hunting on the same 15 day airborne; 16  (16) person to knowingly provide big game hunting services 17 [SERVICE] or transportation services during the period for which the person's license 18 to provide that service is suspended or revoked; 19  (17) registered guide, except in the defense of life or property, to 20 knowingly personally take 21  (A) big game while accompanying a client in the field; or 22  (B) a species of big game if the registered guide is under 23 contract with a client to provide a guided hunt for that species of big game and 24 the client is in the field; 25  (18) person who is licensed as a registered guide, a class-A assistant 26 guide, or an assistant guide, except in the defense of life or property, to knowingly 27 personally take big game while a client of the registered guide by whom the person 28 is employed is in the field unless the person is not participating in, supporting, or 29 otherwise assisting in providing big game hunting services to a client of the registered 30 guide by whom the person is employed; [OR] 31  (19) person who is licensed as a transporter, or who provides

01 transportation services under a transporter license, to knowingly accompany or remain 02 in the field with a big game hunter who is a client of the person except as necessary 03 to perform the specific duties of embarking or disembarking big game hunters, their 04 equipment, or big game animals harvested by hunters; this paragraph does not apply 05 to a person who holds both a transporter license and any class of guide license issued 06 under this chapter ; or 07  (20) person who is licensed as a transporter to knowingly fail to 08 comply with AS 08.54.650(d) . 09 * Sec. 3. AS 08.54.720(b) is amended to read: 10  (b) In addition to a disciplinary sanction imposed under AS 08.54.710, a 11 person who commits an offense set out in (a)(1) - (7) or (17) - (20) [(a)(1) - (7), (17), 12 (18), OR (19)] of this section is guilty of a misdemeanor and is punishable by a fine 13 of not more than $10,000 or by imprisonment up to one year, or both. 14 * Sec. 4. AS 08.54.720(f) is amended to read: 15  (f) In addition to the penalties set out in (b) - (e) of this section and a 16 disciplinary sanction imposed under AS 08.54.710, 17  (1) the court may order the department to suspend the guide license or 18 transporter license of a person who commits a misdemeanor offense set out in (a)(1), 19 (3) - (5), (7), or (17) - (20) [(a)(1), (3) - (5), (7), (17), (18), OR (19)] of this section 20 for a specified period of not more than three years; 21  (2) the court shall order the department to suspend the guide license or 22 transporter license of a person who commits a misdemeanor offense set out in (a)(2) 23 or (8) - (14) of this section for a specified period of not less than one year and not 24 more than five years; 25  (3) the court shall order the department to suspend the guide license or 26 transporter license for a specified period of not less than three years, or to permanently 27 revoke the guide license or transporter license, of a person who commits an offense 28 set out in (a)(15) or (16) of this section; and 29  (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 30 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, 31 a violation of (a) of this section may be seized by persons authorized to enforce this

01 chapter and may be forfeited to the state as provided under AS 16.05.195. 02 * Sec. 5. AS 16.05.050 is amended by adding a new paragraph to read: 03  (20) to provide moose hunting orientation courses for residents and 04 nonresidents. 05 * Sec. 6. AS 16.05.340(a)(15) is amended to read: 06  (15) Nonresident big game tags 07 A nonresident may not take a big game animal without previously purchasing a 08 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 09 be affixed to the animal immediately upon capture and must remain affixed until the 10 animal is prepared for storage, consumed, or exported. A tag issued but not used for 11 an animal may be used to satisfy the tagging requirement for an animal of any other 12 species except moose for which the tag fee is of equal or less value. 13  (A) Bear, black, each . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 225 14  (B) Bear, brown or grizzly, each. . . . . . . . . . . . . . . . . . . . . . .500 15  (C) Bison, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .450 16  (D) Caribou, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .325 17  (E) Deer, each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 18  (F) Elk, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .300 19  (G) Goat, each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .300 20  (H) Moose, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .400 21  A nonresident may not obtain a moose tag unless the nonresident furnishes proof 22 of completion of a moose hunting orientation course offered by the department 23 or furnishes an affidavit showing that the nonresident will be personally 24 accompanied while moose hunting by 25  (i) a person who is licensed as a registered guide, 26 master guide, class-A assistant guide, or assistant guide under 27 AS 08.54; or 28  (ii) a resident over 19 years of age who is either the 29 spouse of the nonresident or related to the nonresident, within and 30 including the second degree of kindred, by marriage or blood. 31  (I) Sheep, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .425

01  (J) Wolf, each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 02 A nonresident is not required to have a nonresident wolf tag to take a wolf in a game 03 management unit if the Board of Game has adopted an intensive management program 04 under AS 16.05.255 for all or a portion of the game management unit. 05  (K) Wolverine, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 06  (L) Musk oxen, each . . . . . . . . . . . . . . . . . . . . . . . . . . . .1,100 07 * Sec. 7. This Act takes effect January 1, 1999.