CSHB 452(JUD): "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 452(JUD) 01 "An Act relating to licensing and regulation of sport fishing operators and sport fishing 02 guides; authorizing the Department of Fish and Game and the Alaska Commercial 03 Fisheries Entry Commission to release records and reports to the Department of 04 Natural Resources and the Department of Public Safety; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 08 (26) Fishing services licenses 09 (A) Sport fishing operator license.....................................$100 10 (B) Sport fishing guide license..............................................50 11 (C) Sport fishing operator and sport fishing 12 guide combined license................................................................................100 13 * Sec. 2. AS 16.05.815(a) is amended to read:
01 (a) Except as provided in (b) and (c) of this section, records required by 02 regulations of the department concerning the landings of fish, shellfish, or fishery 03 products, and annual statistical reports of fishermen, buyers, and processors required 04 by regulation of the department are confidential and may not be released by the 05 department or by the Alaska Commercial Fisheries Entry Commission except as set 06 out in this subsection. The department may release the records and reports set out in 07 this subsection to the Alaska Commercial Fisheries Entry Commission. The 08 department and the Alaska Commercial Fisheries Entry Commission may release the 09 records and reports set out in this subsection to the recipients identified in this 10 subsection if the recipient, other than a recipient under (5) - (9) of this subsection, 11 agrees to maintain the confidentiality of the records and reports. The department and 12 the Alaska Commercial Fisheries Entry Commission may release 13 (1) any of the records and reports to the National Marine Fisheries 14 Service and the professional staff of the North Pacific Fishery Management Council as 15 required for preparation and implementation of the fishery management plans of the 16 North Pacific Fishery Management Council within the exclusive economic zone; 17 (2) any of the records and reports to the professional staff of the 18 Pacific States Marine Fisheries Commission who are employed in the Alaska Fisheries 19 Information Network project for the purpose of exchanging information with users 20 authorized by the department; 21 (3) any of the records and reports to the Department of Revenue or the 22 Department of Natural Resources to assist the department [DEPARTMENT OF 23 REVENUE] in carrying out its statutory responsibilities; 24 (4) records or reports of the total value purchased by each buyer to a 25 municipality that levies and collects a tax on fish, shellfish, or fishery products if the 26 municipality requires records of the landings of fish, shellfish, or fishery products to 27 be submitted to it for purposes of verification of taxes payable; 28 (5) such records and reports as necessary to be in conformity with a 29 court order; 30 (6) on request, the report of a person to the person whose fishing 31 activity is the subject of the report, or to a designee of the person whose fishing
01 activity is the subject of the report; 02 (7) on request, annual statistical reports of a fisherman, buyer, or 03 processor to the fisherman, buyer, or processor whose activity is the subject of the 04 report, or to a designee of the fisherman, buyer, or processor whose activity is the 05 subject of the report; 06 (8) any of the records and reports [FISH TICKETS, FISH TICKET 07 INFORMATION, SALTWATER CHARTER LOGBOOKS, SALTWATER 08 CHARTER LOGBOOK INFORMATION, AND ANNUAL STATISTICAL 09 REPORTS OF FISHERMEN, BUYERS, AND PROCESSORS AND 10 INFORMATION IN THOSE REPORTS] to the Department of Public Safety for law 11 enforcement purposes; 12 (9) fish tickets, fish ticket information, and annual statistical reports of 13 fishermen, buyers, and processors and information in those reports to the law 14 enforcement personnel of the National Marine Fisheries Service and the National 15 Oceanic and Atmospheric Administration for the purpose of enforcing fishery laws in 16 waters of this state and in waters of the exclusive economic zone adjacent to this state; 17 (10) fish tickets and fish ticket information regarding halibut to the 18 International Pacific Halibut Commission; and 19 (11) any of the records and reports to the child support enforcement 20 agency created in AS 25.27.010, or the child support enforcement agency of another 21 state, for child support purposes authorized under law. 22 * Sec. 3. AS 16.40 is amended by adding new sections to read: 23 Article 6. Sport Fishing Services. 24 Sec. 16.40.260. Sport fishing operator license. (a) The department shall 25 issue an annual sport fishing operator license to a person who 26 (1) holds a current business license under AS 43.70 to provide services 27 to sport fishermen; 28 (2) presents proof satisfactory to the department of a general liability 29 insurance policy or marine protection and indemnity insurance policy, covering the 30 services provided by the person and person's employees to sport fishermen, that 31 provides coverage of at least $100,000 for each incident, and $300,000 for all
01 incidents in a year; 02 (3) pays the license fee prescribed by AS 16.05.340(a); and 03 (4) satisfies all additional requirements adopted in regulation by the 04 Board of Fisheries. 05 (b) A person may not provide sport fishing services unless the person holds a 06 current sport fishing operator license and has current insurance coverage as required in 07 (a)(2) of this section. 08 (c) A person who holds a current sport fishing operator license may contract to 09 provide sport fishing guide services to a sport fisherman through an employee who 10 holds a current sport fishing guide license under AS 16.40.270. 11 (d) A person who holds a current sport fishing operator license may not 12 directly provide sport fishing guide services to a sport fisherman unless the person also 13 holds a current sport fishing guide license under AS 16.40.270(b). 14 (e) A person who holds a sport fishing operator license may not aid in the 15 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 16 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 17 fish, by a sport fishing guide who is employed by the person or by a sport fisherman 18 who is a client of the person. 19 Sec. 16.40.270. Sport fishing guide license. (a) A natural person may obtain 20 an annual sport fishing guide license if the person 21 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 22 alien; 23 (2) is certified in first aid by the American Red Cross or a similar 24 organization; 25 (3) holds a license to carry passengers for hire issued by the United 26 States Coast Guard if the person operates a vessel in the provision of sport fishing 27 guide services and the license is required by the United States Coast Guard for the area 28 in which the fishing guide provides fishing guide services; 29 (4) holds a current sport fishing license from this state; 30 (5) pays the license fee prescribed by AS 16.05.340(a); and 31 (6) satisfies all additional requirements adopted in regulation by the
01 Board of Fisheries. 02 (b) A natural person may obtain an annual sport fishing operator and sport 03 fishing guide combined license if the person satisfies the requirements for a sport 04 fishing operator license under AS 16.40.260 and for a sport fishing guide license under 05 this section and pays the license fee prescribed by AS 16.05.340(a). 06 (c) A person may not provide sport fishing guide services unless the person 07 (1) holds a current sport fishing guide license; and 08 (2) holds a current sport fishing operator license or is an employee of a 09 person who holds a current sport fishing operator license. 10 (d) A sport fishing guide may provide sport fishing guide services only to 11 persons who have engaged the services of the sport fishing operator by whom the 12 sport fishing guide is employed. A sport fishing guide may not contract directly with 13 a person to provide sport fishing guide services to a person unless the sport fishing 14 guide also holds a current sport fishing operator license. 15 (e) While engaged in providing sport fishing guide services, a sport fishing 16 guide shall have readily available for inspection 17 (1) a current sport fishing guide license; 18 (2) the current licenses, tags, and permits that are required to engage in 19 the sport fishery for which the sport fishing guide services are being provided; 20 (3) a driver's license or similar identification card that is issued by a 21 state or federal agency and that bears a photograph of the fishing guide; and 22 (4) proof of 23 (A) employment as a sport fishing guide by a person who holds 24 a current sport fishing operator license; or 25 (B) current licensure as a sport fishing operator. 26 (f) A sport fishing guide may not 27 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 28 regulation adopted under AS 16.05 - AS 16.40 by a client of the sport fishing guide; or 29 (2) permit the commission by a client of the sport fishing guide of a 30 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 31 that the sport fishing guide knows or reasonably believes is being or will be committed
01 without 02 (A) attempting to prevent it, short of using force; and 03 (B) reporting the violation. 04 Sec. 16.40.280. Reports. (a) The department may collect information from 05 sport fishing guides, including 06 (1) the name and license number of each vessel licensed under 07 AS 16.05.490 that is used in providing sport fishing guide services; 08 (2) the amount of fishing effort, catch, and harvest by clients of a sport 09 fishing guide; 10 (3) the locations fished during the provision of sport fishing guide 11 services; and 12 (4) other information that the department or board requires by 13 regulation. 14 (b) A person who holds a license issued under AS 16.40.260 or 16.40.270 15 shall comply with the reporting requirements in this section and reporting 16 requirements adopted in regulation by the department or board. 17 (c) A person who is required to complete reports under this section may not 18 provide false information or omit material facts in a report. 19 (d) A person who is required to complete reports under this section may not be 20 issued a new license under AS 16.40.260 or 16.40.270 unless the department has 21 received all reports required under this section for the preceding year. 22 (e) Information collected under this section is confidential to the extent 23 provided under AS 16.05.815. 24 (f) The department or board may adopt regulations under AS 44.62 25 (Administrative Procedure Act) that it considers necessary to implement this section. 26 Sec. 16.40.290. Penalty. (a) Except as provided in (b) and (c) of this section, 27 a person who knowingly violates AS 16.40.260 - 16.40.299 or a regulation adopted 28 under AS 16.40.260 - 16.40.299 is guilty of a class A misdemeanor. 29 (b) A person who, without any culpable mental state, violates AS 16.40.270(e) 30 is guilty of a violation. 31 (c) A person who knowingly violates AS 16.40.270(e) is, for a
01 (1) first offense in a three-year period, guilty of a violation; and 02 (2) second or subsequent offense in a three-year period, guilty of a 03 class B misdemeanor. 04 (d) In addition to any other penalty provided by law, a court may revoke the 05 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 06 section. 07 (e) In this section, "knowingly" has the meaning given in AS 11.81.900. 08 Sec. 16.40.299. Definitions. In AS 16.40.260 - 16.40.299, 09 (1) "sport fishing guide" means a person who is licensed to provide 10 sport fishing guide services to persons who are engaged in sport fishing; 11 (2) "sport fishing guide services" means assistance, for compensation 12 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 13 take fish by accompanying or physically directing the sport fisherman in sport fishing 14 activities during any part of a sport fishing trip; "sport fishing guide services" does not 15 include 16 (A) sport fishing services; or 17 (B) services provided by an assistant, deckhand, or similar 18 person who works directly under the supervision of and on the same vessel as a 19 sport fishing guide; 20 (3) "sport fishing services" means the indirect provision of assistance, 21 for compensation or with the intent to receive compensation, to a person engaged in 22 sport fishing in taking or attempting to take fish or shellfish by a business that 23 employs a sport fishing guide to provide sport fishing guide services to the person 24 during any portion of a sport fishing trip; "sport fishing services" does not include 25 (A) an activity for which a sport fishing guide license is 26 required; or 27 (B) booking and other ancillary services provided by a tour 28 broker or agent to a sport fishing services operator. 29 * Sec. 4. AS 25.27.244(s)(2)(A) is amended by adding new sub-subparagraphs to read: 30 (xviii) sport fishing operator license under 31 AS 16.40.260;
01 (xix) sport fishing guide license under AS 16.40.270; 02 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION; REGULATIONS. The Board of Fisheries and the Department of Fish 05 and Game each may proceed to adopt regulations necessary to implement the changes made 06 by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but 07 not before the effective date of the statutory changes. 08 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2005.