CSSB 303(RES): "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date."
00 CS FOR SENATE BILL NO. 303(RES) 01 "An Act relating to the Big Game Commercial Services Board and to the regulation of 02 big game hunting services and transportation services; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010(7) is amended to read: 06 (7) Big Game Commercial Services Board (AS 08.54.591) 07 [REGULATION OF BIG GAME GUIDES AND TRANSPORTERS UNDER 08 AS 08.54]; 09 * Sec. 2. AS 08.03.010(c) is amended by adding a new paragraph to read: 10 (22) Big Game Commercial Services Board (AS 08.54.591) -- June 30, 11 2007. 12 * Sec. 3. AS 08.54 is amended by adding new sections to article 1 to read: 13 Sec. 08.54.591. Creation and membership of board. (a) For the purposes 14 of licensing and regulating the activities of providers of commercial services to big
01 game hunters in the interest of the state's wildlife resources, there is created the Big 02 Game Commercial Services Board. For administrative purposes, the board is in the 03 Department of Community and Economic Development. 04 (b) The board consists of seven members as follows: 05 (1) two members who are current, licensed registered guide-outfitters; 06 (2) one member who is a licensed transporter; 07 (3) one member of the Board of Game who is chosen by the Board of 08 Game and who does not hold a guide or transport license; 09 (4) two members who represent private landholders affected by guided 10 hunting activities or transportation services and who do not hold a license issued under 11 this chapter; and 12 (5) one public member. 13 Sec. 08.54.595. Board assistance. The Department of Fish and Game, 14 Department of Natural Resources, Department of Law, and Department of Public 15 Safety shall provide the board with information, data, or technical assistance requested 16 by the board for the purposes of licensing and regulating the activities of providers of 17 commercial services to big game hunters. 18 * Sec. 4. AS 08.54.600 is amended to read: 19 Sec. 08.54.600. Duties of board [DEPARTMENT]. (a) The board 20 [DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT] shall 21 (1) prepare and [,] grade [, AND ADMINISTER] 22 (A) a qualification examination for a registered guide-outfitter 23 [GUIDE] license that requires demonstration that the applicant is qualified 24 generally to provide guided and outfitted hunts and, in particular, possesses 25 knowledge of fishing, hunting, and guiding laws and regulations; and 26 (B) a certification examination for each game management unit 27 in which the registered guide-outfitter [GUIDE] intends to provide big game 28 hunting services; the examination must require demonstration that the 29 registered guide-outfitter [GUIDE] is qualified to provide guided and outfitted 30 hunts in the game management unit for which the registered guide-outfitter 31 [GUIDE] seeks to be certified and, in particular, must require demonstration
01 that the registered guide-outfitter [GUIDE] possesses knowledge of the 02 terrain, transportation problems, game, and other characteristics of the game 03 management unit; 04 (2) authorize the issuance of [ISSUE] registered guide-outfitter 05 [GUIDE], master guide-outfitter [GUIDE], class-A assistant guide, assistant guide, 06 and transporter licenses; 07 (3) [COMPILE, MAINTAIN, AND PUBLISH AN ANNUAL 08 ROSTER OF REGISTERED GUIDES AND MASTER GUIDES LICENSED 09 UNDER THIS CHAPTER; A PERSON LISTED IN THE ROSTER WHOSE 10 LICENSE IS REVOKED OR SUSPENDED SHALL BE REMOVED FROM THE 11 ROSTER WHILE THE PERSON'S LICENSE IS REVOKED OR SUSPENDED; 12 (4)] impose appropriate disciplinary sanctions on a licensee under 13 AS 08.54.600 - 08.54.790; 14 (4) [(5)] require an applicant for issuance or renewal of any class of 15 guide license or of a transporter license to state in a written and signed document 16 whether the applicant's right to obtain, or exercise the privileges granted by, a hunting, 17 guiding, outfitting, or transportation services license is revoked or suspended in this 18 state or another state or in Canada; 19 (5) [(6)] regularly disseminate information regarding examinations and 20 other qualifications for all classes of guide licenses to residents of the rural areas of the 21 state; 22 (6) [(7)] adopt procedural and substantive regulations required by this 23 chapter; 24 (7) provide for administration of [(8) ADMINISTER] examinations 25 for registered guide-outfitters [GUIDES] at least twice a year [; AN 26 EXAMINATION MAY NOT BE GIVEN WITHIN 90 DAYS AFTER THE 27 PREVIOUS EXAMINATION; AT LEAST ONCE EVERY OTHER YEAR THE 28 DEPARTMENT SHALL GIVE THE EXAMINATION AT A LOCATION OTHER 29 THAN ANCHORAGE]. 30 (b) The board [DEPARTMENT] shall provide for administration of an oral 31 examination for a registered guide-outfitter [GUIDE] license or for a game
01 management unit certification if requested at the time of application for the license 02 [AN APPLICANT EXPERIENCES A SPECIFIC LANGUAGE DISABILITY]. 03 * Sec. 5. AS 08.54.600 is amended by adding a new subsection to read: 04 (c) The board may adopt regulations as the board considers appropriate to 05 (1) establish a code of ethics for professions regulated by the board; 06 (2) require registered guide-outfitters and transporters to enter into 07 written contracts to provide big game hunting services and transportation services to 08 clients; 09 (3) authorize the department to request a copy of a big game hunting 10 services or transportation services contract entered into by a person licensed under this 11 chapter. 12 * Sec. 6. AS 08.54.605(a) is amended to read: 13 (a) Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 14 08.54.660, a person may not receive or renew a registered guide-outfitter [GUIDE] 15 license, master guide-outfitter [GUIDE] license, class-A assistant guide license, 16 assistant guide license, or transporter license if 17 (1) the person has been convicted of 18 (A) a violation of a state or federal hunting, guiding, or 19 transportation services statute or regulation [WITHIN THE LAST FIVE 20 YEARS] for which the person was 21 (i) [FINED MORE THAN $1,000 OR] imprisoned for 22 more than five days within the previous five years; 23 (ii) fined more than $1,000 in the previous 12 24 months; 25 (iii) fined more than $3,000 in the previous 36 26 months; or 27 (iv) fined more than $5,000 in the previous 60 28 months; 29 (B) a felony within the last five years; or 30 (C) a felony offense against the person under AS 11.41 within 31 the last 10 years; or
01 (2) the person's right to obtain, or exercise the privileges granted by, a 02 hunting, guiding, outfitting, or transportation services license is suspended or revoked 03 in this state or another state or in Canada. 04 * Sec. 7. AS 08.54.605(c) is amended to read: 05 (c) A person may not receive a certification for a game management unit if the 06 person is prohibited by (a) of this section from receiving or renewing a registered 07 guide-outfitter [GUIDE] license or master guide-outfitter [GUIDE] license. 08 * Sec. 8. AS 08.54.610 is amended to read: 09 Sec. 08.54.610. Registered guide-outfitter [GUIDE] license. (a) A natural 10 person is entitled to a registered guide-outfitter [GUIDE] license if the person 11 (1) is 21 years of age or older; 12 (2) has practical field experience in the handling of firearms, hunting, 13 judging trophies, field preparation of meat and trophies, first aid, photography, and 14 related guiding and outfitting activities; 15 (3) either 16 (A) has passed the qualification examination prepared [AND 17 ADMINISTERED] by the board [DEPARTMENT] under AS 08.54.600; or 18 (B) provides evidence of 25 years of experience as a class-A 19 assistant guide or class-A assistant guide-outfitter; 20 (4) has passed a certification examination prepared [AND 21 ADMINISTERED] by the board [DEPARTMENT] under AS 08.54.600 for at least 22 one game management unit; 23 (5) has legally hunted big game in the state for part of each of any five 24 years in a manner directly contributing to the person's experience and competency as a 25 guide; 26 (6) has been licensed as and performed the services of a class-A 27 assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant 28 guide-outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each 29 of three years; 30 (7) is capable of performing the essential duties associated with 31 guiding and outfitting;
01 (8) has been favorably recommended in writing by eight big game 02 hunters whose recommendations have been solicited by the department from a list 03 provided by the applicant, including at least two favorable recommendations for each 04 year of any three years during which the person was a class-A assistant guide or 05 assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under 06 former AS 08.54.300 - 08.54.590; 07 (9) has provided proof of financial responsibility if required by the 08 department under AS 08.54.680; and 09 (10) has applied for a registered guide-outfitter [GUIDE] license on a 10 form provided by the department and paid the license application fee and the 11 registered guide-outfitter [GUIDE] license fee. 12 (b) A master guide-outfitter [GUIDE] license authorizes a registered guide- 13 outfitter [GUIDE] to use the title master guide-outfitter [GUIDE], but is for all other 14 purposes under this chapter a registered guide-outfitter [GUIDE] license. A natural 15 person is entitled to receive a renewable master guide-outfitter [GUIDE] license if 16 the person 17 (1) is, at the time of application for a master guide-outfitter [GUIDE] 18 license, licensed as a registered guide-outfitter [GUIDE] under this section; 19 (2) has been licensed in this state as a registered guide or a guide- 20 outfitter, under former AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590, or 21 this chapter, for at least 12 of the last 15 years, including the year immediately 22 preceding the year in which the person applies for a master guide-outfitter [GUIDE] 23 license; 24 (3) submits a list to the department of at least 25 clients for whom the 25 person has personally provided guiding or outfitting services and the person receives a 26 favorable evaluation from 10 of the clients selected from the list by the department; 27 and 28 (4) applies for a master guide-outfitter [GUIDE] license on a form 29 provided by the department and pays the application fee, if any. 30 (c) A registered guide-outfitter [GUIDE] may contract to guide or outfit 31 hunts for big game and may provide transportation services, personally or through an
01 assistant, to big game hunters who are clients of the registered guide-outfitter 02 [GUIDE]. 03 (d) A person who is licensed as a registered guide-outfitter [GUIDE] may be 04 employed by another registered guide-outfitter [GUIDE] to perform the functions of 05 a registered guide-outfitter [GUIDE] or class-A assistant guide in the game 06 management unit for which the person is certified under AS 08.54.600 or of an 07 assistant guide in any game management unit. 08 (e) A registered guide-outfitter [GUIDE] who contracts for a guided hunt 09 shall be 10 (1) physically present in the field with the client at least once during 11 the contracted hunt; and 12 (2) in the field and participating in the contracted hunt, unless the hunt 13 is being conducted by a class-A assistant guide or a registered guide-outfitter 14 [GUIDE] employed by the contracting registered guide-outfitter [GUIDE]. 15 * Sec. 9. AS 08.54.620 is amended to read: 16 Sec. 08.54.620. Class-A assistant guide license. (a) A natural person is 17 entitled to a class-A assistant guide license if the person 18 (1) is 21 years of age or older; 19 (2) applies for a class-A assistant guide license on a form provided by 20 the department and pays the license application fee and the license fee; [AND] 21 (3) possesses a current first aid card issued by the Red Cross or a 22 similar organization; and 23 (4) either 24 (A) has 25 (i) been employed during at least three calendar years as 26 any class of licensed guide in the game management unit for which the 27 license is sought; and 28 (ii) at least 10 years' hunting experience in the state; 29 military service outside of the state for not more than three years shall 30 be accepted as part of the required 10 years' hunting experience; [OR] 31 (B) provides
01 (i) evidence that the person physically resides in the 02 game management unit in which the person is to be employed; 03 (ii) evidence that the person has had at least 15 years' 04 hunting experience in the game management unit in which the person is 05 to be employed; military service outside of the state for not more than 06 three years shall be accepted as part of the required 15 years' hunting 07 experience; and 08 (iii) a written recommendation from a registered guide- 09 outfitter [GUIDE, STATE TROOPER, STATE FISH AND 10 WILDLIFE LAW ENFORCEMENT OFFICER, OR STATE FISH OR 11 GAME BIOLOGIST WHO IS FAMILIAR WITH THE PERSON OR] 12 who intends to employ the person as a class-A assistant guide; or 13 (C) provides evidence that the person 14 (i) physically resides in the game management unit 15 in which the person is to be employed; 16 (ii) has at least 10 years' hunting experience in the 17 state; military service outside of the state for not more than three 18 years shall be accepted as part of the required 10 years' hunting 19 experience; and 20 (iii) has passed a class-A assistant guide training 21 course approved by the board. 22 (b) A class-A assistant guide 23 (1) may not contract to guide or outfit a big game hunt; 24 (2) shall be employed by and under the supervision of a registered 25 guide-outfitter [GUIDE] who has contracted with the client for whom the class-A 26 assistant guide is conducting the hunt; 27 (3) may take charge of a camp and provide [CONDUCT] guide 28 services [ACTIVITIES] from the camp without the contracting registered guide- 29 outfitter [GUIDE] being in the field and participating in the contracted hunt if the 30 contracting registered guide-outfitter [GUIDE] is supervising the guiding activities; 31 (4) may not perform functions of a class-A assistant guide outside of
01 the game management unit for which the license is issued; and 02 (5) may be employed by a registered guide-outfitter [GUIDE] to 03 perform the functions of an assistant guide in any game management unit. 04 * Sec. 10. AS 08.54.630 is amended to read: 05 Sec. 08.54.630. Assistant guide license. (a) A natural person is entitled to an 06 assistant guide license if the person 07 (1) is 18 years of age or older; 08 (2) has legally hunted big game in the state during two calendar years; 09 (3) possesses a first aid card issued by the Red Cross or a similar 10 organization; 11 (4) either 12 (A) obtains a written recommendation from a registered guide- 13 outfitter [GUIDE, STATE TROOPER, STATE FISH AND WILDLIFE LAW 14 ENFORCEMENT OFFICER, OR STATE FISH OR GAME BIOLOGIST 15 WHO IS FAMILIAR WITH THE PERSON OR] who intends to employ the 16 person as an assistant guide; or 17 (B) provides evidence that the person passed an assistant 18 guide training course approved by the board; and 19 (5) applies for an assistant guide license on a form provided by the 20 department and pays the license application fee and the license fee. 21 (b) An assistant guide 22 (1) may not contract to guide or outfit a big game hunt; 23 (2) shall be employed by a registered guide-outfitter [GUIDE] and 24 under the supervision of a registered guide-outfitter [GUIDE] or class-A assistant 25 guide while the assistant guide is in the field on guided hunts; and 26 (3) may not take charge of a camp or provide [CONDUCT] guide 27 services [ACTIVITIES] unless the contracting registered guide-outfitter [GUIDE] is 28 in the field and participating in the contracted hunt or a registered guide-outfitter 29 [GUIDE] or class-A assistant guide employed by the contracting guide is physically 30 present and supervising the hunt. 31 * Sec. 11. AS 08.54.640(a) is amended to read:
01 (a) Notwithstanding AS 08.54.610 - 08.54.630 and except as provided in (b) 02 of this section, a person may not hold, or earn experience credits to apply for, a 03 registered guide-outfitter [GUIDE] license under this chapter, while the person is a 04 law enforcement officer and for three months after terminating the person's status as a 05 law enforcement officer. 06 * Sec. 12. AS 08.54.640(b) is amended to read: 07 (b) A registered guide-outfitter [GUIDE] license, class-A assistant guide 08 license, or assistant guide license issued under this chapter, or under former provisions 09 of AS 08.54.300 - 08.54.590, after May 16, 1992, is suspended if the person to whom 10 the license is issued subsequently becomes a law enforcement officer. A person 11 whose license is subject to suspension under this subsection shall notify the 12 department that the person has become a law enforcement officer within 30 days after 13 becoming a law enforcement officer. The suspension of a license under this 14 subsection remains in effect until three months have elapsed from the date on which 15 the licensee provides written notification to the department of the fact that the person 16 is no longer a law enforcement officer. A person whose license is suspended under 17 this subsection is not required to renew the license or pay license renewal fees for the 18 period of suspension. Once a suspension of a license is terminated, the licensee may 19 provide, without further payment of a guide license fee, the guide services authorized 20 by the license for the remainder of the licensing period in which the suspension is 21 terminated. Notwithstanding other provisions of this subsection, if a person whose 22 license is suspended under this subsection fails to notify the department within one 23 year after the person is no longer a law enforcement officer, the person's license lapses 24 and the person is eligible for reissuance of the license only as provided in 25 AS 08.54.670. The board [DEPARTMENT] may adopt regulations to implement this 26 subsection. 27 * Sec. 13. AS 08.54.650(c) is amended to read: 28 (c) A transporter shall provide an annual activity report on a form provided by 29 the department. An activity report must contain all information required by the board 30 [DEPARTMENT] by regulation. 31 * Sec. 14. AS 08.54.660 is amended to read:
01 Sec. 08.54.660. Renewal of guide and transporter licenses. (a) An 02 applicant for renewal of a registered guide-outfitter [GUIDE], class-A assistant 03 guide, assistant guide, or transporter license shall submit 04 (1) a request for renewal of the license on a form provided by the 05 department; and 06 (2) the appropriate license fee for the next licensing period. 07 (b) The department may not renew a registered guide-outfitter [GUIDE] 08 license under this section unless all fees have been paid in full and the registered 09 guide-outfitter has signed an affidavit that all hunt records due during the term of 10 the current license have been filed with the department. 11 (c) The department may not renew a transporter license unless all fees have 12 been paid in full and the transporter has signed an affidavit that all activity reports 13 due during the term of the current license have been filed with the department. 14 * Sec. 15. AS 08.54.670 is amended to read: 15 Sec. 08.54.670. Failure to renew. The department may not issue a license to 16 a person who held a registered guide-outfitter [GUIDE], class-A assistant guide, or 17 assistant guide license and who has failed to renew the license under this chapter for 18 four consecutive years unless the person again meets the qualifications for initial 19 issuance of the license. 20 * Sec. 16. AS 08.54.680(b) is amended to read: 21 (b) If a registered guide-outfitter [GUIDE], class-A assistant guide, or an 22 assistant guide personally pilots an aircraft to transport clients during the provision of 23 big game hunting services, the registered guide-outfitter [GUIDE], class-A assistant 24 guide, or assistant guide shall have a commercial pilot's rating or a minimum of 500 25 hours of flying time in the state. 26 * Sec. 17. AS 08.54.710(a) is amended to read: 27 (a) The board [DEPARTMENT] may impose a disciplinary sanction in a 28 timely manner under (c) of this section if the board [DEPARTMENT] finds after a 29 hearing, that a licensee 30 (1) is convicted of a violation of any [A] state or federal statute or 31 regulation relating to hunting or to provision of big game hunting services or
01 transportation services; [OR] 02 (2) has failed to file records or reports required under this chapter; 03 (3) has negligently misrepresented or omitted a material fact on an 04 application for any class of guide license or a transporter license; or 05 (4) has breached a contract to provide big game hunting services 06 or transportation services to a client. 07 * Sec. 18. AS 08.54.710(b) is amended to read: 08 (b) The board [DEPARTMENT] may impose a disciplinary sanction in a 09 timely manner under (c)(3) - (7) of this section if the board [DEPARTMENT] finds, 10 after a hearing, that a licensee has acted unethically [IS INCOMPETENT] as a 11 registered guide-outfitter [GUIDE], class-A assistant guide, assistant guide, or 12 transporter. 13 * Sec. 19. AS 08.54.710(c) is amended to read: 14 (c) The board [DEPARTMENT] may impose the following disciplinary 15 sanctions, singly or in combination: 16 (1) permanently revoke a license; 17 (2) suspend a license for a specified period; 18 (3) censure or reprimand a licensee; 19 (4) impose limitations or conditions on the professional practice of a 20 licensee; 21 (5) impose requirements for remedial professional education to correct 22 deficiencies in the education, training, and skill of the licensee; 23 (6) impose probation requiring a licensee to report regularly to the 24 board [DEPARTMENT] on matters related to the grounds for probation; 25 (7) impose a civil fine not to exceed $5,000 [$1,000]. 26 * Sec. 20. AS 08.54.710(d) is amended to read: 27 (d) The board [DEPARTMENT] shall permanently revoke a transporter 28 license or any class of guide license if the board [DEPARTMENT] finds after a 29 hearing that the license was obtained through fraud, deceit, or [INNOCENT] 30 misrepresentation. 31 * Sec. 21. AS 08.54.710(e) is amended to read:
01 (e) The board [DEPARTMENT] shall suspend or permanently revoke a 02 transporter license or any class of guide license without a hearing if the court orders 03 the board [DEPARTMENT] to suspend or permanently revoke the license as a 04 penalty for conviction of an unlawful act [UNDER AS 08.54.720]. If the board 05 [DEPARTMENT] suspends or permanently revokes a license under this subsection, 06 the board [DEPARTMENT] may not also impose an administrative disciplinary 07 sanction of suspension or permanent revocation of the same license for the same 08 offense for which the court ordered the suspension or permanent revocation under 09 AS 08.54.720. 10 * Sec. 22. AS 08.54.710(h) is amended to read: 11 (h) If the board [DEPARTMENT] revokes a license under this section, the 12 person whose license has been revoked shall immediately surrender the license to the 13 department. 14 * Sec. 23. AS 08.54.710(i) is amended to read: 15 (i) The board [DEPARTMENT] may summarily suspend a licensee from 16 practice of the profession under this chapter, for a period of not more than 30 days, 17 before a final hearing is held or during an appeal if the board [DEPARTMENT] finds 18 that the licensee poses a clear and immediate danger to the public health and safety. A 19 person is entitled to a hearing before the board [DEPARTMENT] to appeal the 20 summary suspension within seven days after the order of suspension is issued. A 21 person may appeal an adverse decision of the board [DEPARTMENT] on an appeal 22 of summary suspension to a court of competent jurisdiction. 23 * Sec. 24. AS 08.54.720(a) is amended to read: 24 (a) It is unlawful for a 25 (1) person who is licensed under this chapter to knowingly fail to 26 promptly report, unless a reasonable means of communication is not reasonably 27 available, to the Department of Public Safety, [DIVISION OF FISH AND 28 WILDLIFE PROTECTION,] and in no event later than 20 days, a violation of a state 29 or federal wildlife or game, guiding, or transportation services statute or regulation 30 that the person reasonably believes was committed by a client or an employee of the 31 person;
01 (2) person who is licensed under this chapter to intentionally obstruct 02 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 03 is not a client of the person; 04 (3) class-A assistant guide or an assistant guide to knowingly guide a 05 big game hunt except while employed and supervised by a registered guide-outfitter 06 [GUIDE]; 07 (4) person who holds any class of guide license or transporter license 08 to knowingly enter or remain on private, state, or federal land without prior 09 authorization during the course of providing big game hunting services or 10 transportation services; 11 (5) registered guide-outfitter [GUIDE] to knowingly engage in 12 providing big game hunting services outside of 13 (A) a game management unit for which the registered guide- 14 outfitter [GUIDE] is certified; or 15 (B) a use area for which the registered guide-outfitter 16 [GUIDE] is registered under AS 08.54.750 unless the registration requirement 17 for the area has been suspended by the Department of Fish and Game; 18 (6) person to knowingly guide without having a current registered 19 guide-outfitter [GUIDE], class-A assistant guide, or assistant guide license and a 20 valid Alaska hunting license in actual possession; 21 (7) registered guide-outfitter [GUIDE] to knowingly fail to comply 22 with AS 08.54.610(e); 23 (8) person who is licensed under this chapter to knowingly 24 (A) commit or aid in the commission of a violation of this 25 chapter, a regulation adopted under this chapter, or a state or federal wildlife 26 or game statute or regulation; or 27 (B) permit the commission of a violation of this chapter, a 28 regulation adopted under this chapter, or a state or federal wildlife or game 29 statute or regulation that the person knows or reasonably believes is being or 30 will be committed without 31 (i) attempting to prevent it, short of using force; and
01 (ii) reporting the violation; 02 (9) person without a current registered guide-outfitter [GUIDE] 03 license to knowingly guide, advertise as a registered guide-outfitter [GUIDE], or 04 represent to be a registered guide-outfitter [GUIDE]; 05 (10) person without a current master guide-outfitter [GUIDE] license 06 to knowingly advertise as, or represent to be, a master guide-outfitter [GUIDE]; 07 (11) person without a current registered guide-outfitter [GUIDE] 08 license to knowingly outfit a big game hunt, provide outfitting services, advertise as 09 an outfitter of big game hunts, or represent to be an outfitter of big game hunts; 10 (12) person to knowingly provide transportation services to big game 11 hunters without holding a current registered guide-outfitter [GUIDE] license or 12 transporter license; 13 (13) person without a current transporter license to knowingly 14 advertise 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; 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-outfitter [GUIDE], except in the defense of life 24 or property, to knowingly personally take 25 (A) big game while accompanying a client in the field; or 26 (B) a species of big game if the registered guide-outfitter 27 [GUIDE] is under contract with a client to provide a guided hunt for that 28 species of big game and the client is in the field; 29 (18) person who is licensed as a registered guide-outfitter [GUIDE], a 30 class-A assistant guide, or an assistant guide, except in the defense of life or property, 31 to knowingly personally take big game while a client of the registered guide-outfitter
01 [GUIDE] by whom the person is employed is in the field unless the person is not 02 participating in, supporting, or otherwise assisting in providing big game hunting 03 services to a client of the registered guide-outfitter [GUIDE] by whom the person is 04 employed; or 05 (19) person who is licensed as a transporter, or who provides 06 transportation services under a transporter license, to knowingly accompany or remain 07 in the field with a big game hunter who is a client of the person except as necessary to 08 perform the specific duties of embarking or disembarking big game hunters, their 09 equipment, or big game animals harvested by hunters; this paragraph does not apply to 10 a person who holds both a transporter license and a registered guide-outfitter [ANY 11 CLASS OF GUIDE] license issued under this chapter when the person has a 12 contract to provide guiding services for the client. 13 * Sec. 25. AS 08.54.720(f) is amended to read: 14 (f) In addition to the penalties set out in (b) - (e) of this section and a 15 disciplinary sanction imposed under AS 08.54.710, 16 (1) the court may order the board [DEPARTMENT] to suspend the 17 guide license or transporter license of a person who commits a misdemeanor offense 18 set out in (a)(1), (3) - (5), (7), (17), (18), or (19) of this section for a specified period 19 of not more than three years; 20 (2) the court shall order the board [DEPARTMENT] to suspend the 21 guide license or transporter license of a person who commits a misdemeanor offense 22 set out in (a)(2) or (8) - (14) of this section for a specified period of not less than one 23 year and not more than five years; 24 (3) the court shall order the board [DEPARTMENT] to suspend the 25 guide license or transporter license for a specified period of not less than three years, 26 or to permanently revoke the guide license or transporter license, of a person who 27 commits an offense set out in (a)(15) or (16) of this section; and 28 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 29 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a 30 violation of (a) of this section may be seized by persons authorized to enforce this 31 chapter and may be forfeited to the state as provided under AS 16.05.195.
01 * Sec. 26. AS 08.54.730 is amended to read: 02 Sec. 08.54.730. Injunction against unlawful action. When in the judgment 03 of the board [DEPARTMENT], a person has engaged in an act in violation of 04 AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the 05 regulations adopted under these statutes, the board [DEPARTMENT] may apply to 06 the appropriate court for an order enjoining the action. Upon a showing by the board 07 [DEPARTMENT] that the person is engaging in the act, the court shall grant 08 injunctive relief or other appropriate order without bond. 09 * Sec. 27. AS 08.54.740 is amended to read: 10 Sec. 08.54.740. Responsibility of guide or transporter for violations. (a) A 11 registered guide-outfitter [GUIDE] who contracts to guide or outfit a big game hunt 12 is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife 13 or game or [,] guiding [, OR TRANSPORTATION SERVICES] statute or regulation 14 committed by a person while in the course of the person's employment for the 15 registered guide-outfitter [GUIDE]. 16 (b) A transporter who provides transportation services is equally responsible 17 under AS 08.54.710 for a violation of a state or federal wildlife or game, guiding, or 18 transportation services statute or regulation committed by a person while in the course 19 of the person's employment for the transporter. 20 * Sec. 28. AS 08.54.750 is amended to read: 21 Sec. 08.54.750. Use area registration. (a) At least 30 days before 22 conducting big game hunting services within a guide use area, a registered guide- 23 outfitter [GUIDE] shall inform the department, in person or by registered mail on a 24 registration form provided by the department, that the guide-outfitter [GUIDE] will 25 be conducting big game hunting services in the use area. A registered guide may not 26 withdraw or amend a guide use area registration during the calendar year in 27 which the registration was submitted to the department. 28 (b) A registered guide-outfitter [GUIDE] may not register for, or conduct big 29 game hunting services in, 30 (1) more than three guide use areas during a calendar year; or 31 (2) a guide use area that is outside of a game management unit for
01 which the registered guide-outfitter [GUIDE] is certified under AS 08.54.600. 02 (c) Notwithstanding (a) and (b) of this section, a registered guide-outfitter 03 [GUIDE] may register to conduct big game hunting services within a guide use area at 04 any time before beginning operations in the guide use area and may conduct big game 05 hunting services in a guide use area, or for a big game species in a guide use area, that 06 is not one of the three guide use areas for which the registered guide-outfitter 07 [GUIDE] has registered under (b) of this section if the Department of Fish and Game 08 has determined by regulation that it is in the public interest to suspend the registration 09 requirements for that guide use area or for all guide use areas in a game management 10 unit or game management subunit for a big game species within those guide use areas. 11 (d) Notwithstanding (b) of this section, a registered guide-outfitter [GUIDE] 12 who is registered in three guide use areas may also register for and conduct big game 13 hunting services in a portion of one additional guide use area on federal land adjacent 14 to a guide use area in which the registered guide-outfitter [GUIDE] is already 15 registered if the board [DEPARTMENT] finds that the portion of the adjacent guide 16 use area for which the registered guide-outfitter [GUIDE] is seeking to be registered 17 would otherwise remain unused by a registered guide-outfitter [GUIDE] because the 18 boundaries of guide use areas do not coincide with boundaries of federal big game 19 guide concession or permit areas. 20 (e) In this section, "guide use area" means a geographic area of the state 21 identified as a guide-outfitter use area by the former Big Game Commercial Services 22 Board established under former AS 08.54.300 and described on a set of maps titled 23 Guide-Outfitter Use Area Maps, dated June 22, 1994, as amended by the board as 24 the board considers necessary. 25 * Sec. 29. AS 08.54.750 is amended by adding new subsections to read: 26 (f) 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 for 28 wolf, black bear, brown bear, or grizzly bear in guide use areas within a game 29 management unit or portion of a game management unit where the Board of Game has 30 identified predation by wolf, black bear, brown bear, or grizzly bear as a cause of the 31 depletion of a big game prey population or a reduction of the productivity of a big
01 game prey population that is the basis for the establishment of an intensive 02 management program in the game management unit or portion of the game 03 management unit or for the declaration of the biological emergency in the game 04 management unit or portion of the game management unit. A registered guide may 05 only conduct hunts in a guide use area under this subsection for the big game species 06 identified by the Board of Game as the cause of the depletion or reduction of 07 productivity a big game prey population. 08 (g) At least 60 days before providing transportation services to, from, or in an 09 area as may be determined by the board, a transporter shall inform the department, in 10 person or by registered mail on a registration form provided by the department, that 11 the transporter will be providing transportation services to, from, or in the use area. 12 The board may establish transporter use areas and adopt regulations to implement this 13 subsection as the board considers necessary. 14 * Sec. 30. AS 08.54.760 is amended to read: 15 Sec. 08.54.760. Hunt records; confidentiality of hunt records and activity 16 reports. (a) The department shall collect and maintain hunt records provided by a 17 registered guide-outfitter [GUIDE]. A registered guide-outfitter [GUIDE] shall 18 submit to the department a hunt record for each contracted hunt within 60 [30] days 19 after the completion of the hunt. A hunt record must include a list of all big game 20 hunters who used the guiding or outfitting services of the registered guide-outfitter 21 [GUIDE], the number of each big game species taken, and other information required 22 by the board [DEPARTMENT]. The department shall provide forms for reporting 23 hunt records. 24 (b) The department shall make hunt records received under this section, and 25 activity reports received under AS 08.54.650, available to state agencies, [AND] 26 federal law enforcement agencies and other [FISH AND WILDLIFE] law 27 enforcement agencies [CHARGED WITH THE ENFORCEMENT OF STATUTES 28 AND REGULATIONS RELATING TO GUIDING, OUTFITTING, 29 TRANSPORTATION SERVICES, OR GAME OR WITH MANAGEMENT OF 30 GAME] if requested [FOR GAME MANAGEMENT OR LAW ENFORCEMENT 31 PURPOSES]. Aggregated data compiled from hunt records and activity reports may
01 be included in reports by the department. For all other purposes, the hunt records and 02 activity reports are confidential and are not subject to inspection or copying under 03 AS 40.25.110 - 40.25.125. 04 * Sec. 31. AS 08.54.770 is amended to read: 05 Sec. 08.54.770. License and examination fees. (a) The department shall set 06 fees under AS 08.01.065 for each of the following: 07 (1) registered guide-outfitter [GUIDE] license; 08 (2) class-A assistant guide license; 09 (3) assistant guide license; 10 (4) transporter license; 11 (5) license application fee. 12 (b) The license fee for the registered guide-outfitter [GUIDE], class-A 13 assistant guide, or assistant guide license is in addition to the fee required for a hunting 14 license issued by the Department of Fish and Game under AS 16.05.340. 15 (c) An applicant for a qualifying examination for a registered guide-outfitter 16 [GUIDE] license shall pay a fee established by regulations adopted under 17 AS 08.01.065. 18 (d) The fee for the transporter license must be equal to the fee for the 19 registered guide-outfitter [GUIDE] license. 20 (e) The [FOR LICENSES ISSUED UNDER THIS CHAPTER FOR 1997 21 AND SUBSEQUENT YEARS, THE] amount of the license fee for a nonresident shall 22 be two times the amount of the license fee for a resident. 23 * Sec. 32. AS 08.54.790 is amended to read: 24 Sec. 08.54.790. Definitions. In this chapter, 25 (1) "big game" means brown bear, grizzly bear, caribou, moose, black 26 bear, bison, Sitka blacktail deer, elk, mountain goat, musk-ox, and mountain or Dall 27 sheep; "big game" includes wolf and wolverine when taken under hunting regulations; 28 (2) "big game hunting service" means a service for which the provider 29 of the service must obtain a registered guide-outfitter [GUIDE], class-A assistant 30 guide, or assistant guide license; "big game hunting service" includes guiding services 31 and outfitting services;
01 (3) "board" means the Big Game Commercial Services Board; 02 (4) "compensation" means payment for services including wages or 03 other remuneration but not including reimbursement for actual expenses incurred; 04 (5) [(4)] "department" means the Department of Community and 05 Economic Development; 06 (6) [(5)] "field" means an area outside of established year-round 07 dwellings, businesses, or other developments [USUALLY] associated with a city, 08 town, or village; "field" does not include permanent hotels or roadhouses on the state 09 road system or state or federally maintained airports; 10 (7) [(6)] "game management unit" means one of the 26 geographic 11 areas defined by the Board of Game for game management purposes; 12 (8) [(7)] "guide" means to provide, for compensation or with the intent 13 or with an agreement to receive compensation, services, equipment, or facilities to a 14 big game hunter in the field by a person who accompanies or is present with the big 15 game hunter in the field either personally or through an assistant; in this paragraph, 16 "services" includes 17 (A) contracting to guide or outfit big game hunts; 18 (B) stalking, pursuing, tracking, killing, or attempting to kill 19 big game; 20 (C) packing, preparing, salvaging, or caring for meat, except 21 that which is required to properly and safely load the meat on the mode of 22 transportation being used by a transporter; 23 (D) field preparation of trophies, including skinning and 24 caping; 25 (E) selling, leasing, or renting goods when the transaction 26 occurs in the field; 27 (F) using guiding or outfitting equipment, including spotting 28 scopes and firearms, for the benefit of a hunter; and 29 (G) providing camping or hunting equipment or supplies that 30 [WHICH] are already located in the field; 31 (9) [(8)] "outfit" means to provide, for compensation or with the intent
01 to receive compensation, services, supplies, or facilities to a big game hunter in the 02 field, by a person who neither accompanies nor is present with the big game hunter in 03 the field either personally or by an assistant; 04 (10) [(9)] "transportation services" means the carriage for 05 compensation of big game hunters, their equipment, or big game animals harvested by 06 hunters to, from, or in the field; "transportation services" does not include the carriage 07 by aircraft of big game hunters, their equipment, or big game animals harvested by 08 hunters 09 (A) on nonstop flights between airports listed in the Alaska 10 supplement to the Airmen's Guide published by the Federal Aviation 11 Administration; or 12 (B) by an air taxi operator or air carrier for which the carriage 13 of big game hunters, their equipment, or big game animals harvested by 14 hunters is only an incidental portion of its business; in this subparagraph, 15 "incidental" means transportation provided to a big game hunter by an air taxi 16 operator or air carrier who does not 17 (i) charge more than the usual tariff or charter rate for 18 the carriage of big game hunters, their equipment, or big game animals 19 harvested by hunters; or 20 (ii) advertise transportation services or big game 21 hunting services to the public; in this sub-subparagraph, "advertise" 22 means soliciting big game hunters to be customers of an air taxi 23 operator or air carrier for the purpose of providing air transportation to, 24 from, or in the field through the use of print or electronic media, 25 including advertising at trade shows, or the use of hunt broker services 26 or other promotional services. 27 * Sec. 33. AS 16.05.407(a) is amended to read: 28 (a) It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly 29 bear, mountain goat, or sheep in this state, unless personally accompanied by 30 (1) a person who is licensed as 31 (A) a registered guide-outfitter [GUIDE] or a master guide-
01 outfitter [GUIDE] under AS 08.54 and who is providing big game hunting 02 services to the nonresident under a contract with the nonresident; or 03 (B) a class-A assistant guide or an assistant guide under 04 AS 08.54 and who is employed by a registered guide-outfitter [GUIDE] or a 05 master guide-outfitter [GUIDE] who has a contract to provide big game 06 hunting services to the nonresident; or 07 (2) a resident over 19 years of age who is 08 (A) the spouse of the nonresident; or 09 (B) related to the nonresident, within and including the second 10 degree of kindred, by marriage or blood. 11 * Sec. 34. AS 16.05.407(f) is amended to read: 12 (f) An applicant for a nonresident hunt permit for the taking of an animal 13 specified in (a) of this section shall, if requested by the department, first furnish to the 14 department proof of prior authorization to use federal, state, or private land where the 15 permit hunt will occur. The authorization shall be provided to the applicant by the 16 registered guide-outfitter [GUIDE] or master guide-outfitter [GUIDE] with whom 17 the applicant has contracted to guide the permit hunt. 18 * Sec. 35. AS 16.05.408(a) is amended to read: 19 (a) It is a class A misdemeanor for a nonresident alien to hunt, pursue, or take 20 a big game animal as defined by the Board of Game unless personally accompanied by 21 (1) a registered guide-outfitter [GUIDE] or a master guide-outfitter 22 [GUIDE] licensed under AS 08.54 who is providing big game hunting services to the 23 nonresident alien under a contract with the nonresident alien; or 24 (2) a class-A assistant guide or an assistant guide licensed under 25 AS 08.54 who is employed by a registered guide-outfitter [GUIDE] or a master 26 guide-outfitter [GUIDE] who has a contract to provide big game hunting services to 27 the nonresident alien. 28 * Sec. 36. AS 16.05.408(c) is amended to read: 29 (c) Before obtaining a nonresident hunt permit for the taking of an animal 30 specified in (a) of this section, a nonresident alien shall, if requested by the 31 department, first furnish to the department proof of prior authorization to use federal
01 or private land where the permit hunt will occur. The authorization shall be provided 02 to the nonresident alien by the registered guide-outfitter [GUIDE] or master guide- 03 outfitter [GUIDE] with whom the nonresident alien has contracted to guide the permit 04 hunt. 05 * Sec. 37. AS 23.10.055 is amended to read: 06 Sec. 23.10.055. Exemptions. The provisions of AS 23.10.050 - 23.10.150 do 07 not apply to 08 (1) an individual employed in agriculture, which includes farming in 09 all its branches and, among other things, includes the cultivation and tillage of the soil, 10 dairying, the production, cultivation, growing, and harvesting of any agricultural or 11 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 12 poultry, and any practices, including forestry and lumbering operations, performed by 13 a farmer or on a farm as an incident to or in conjunction with the farming operations, 14 including preparation for market, delivery to storage or to market or to carriers for 15 transportation to market; 16 (2) an individual employed in the catching, trapping, cultivating, or 17 farming, netting or taking of any kind of fish, shellfish, or other aquatic forms of 18 animal and vegetable life; 19 (3) an individual employed in the hand picking of shrimp; 20 (4) an individual employed in domestic service, including a baby- 21 sitter, in or about a private home; 22 (5) an individual employed by the United States or by the state or 23 political subdivision of the state, except as provided in AS 23.10.065(b), including 24 prisoners not on furlough detained or confined in prison facilities; 25 (6) an individual engaged in the nonprofit activities of a nonprofit 26 religious, charitable, cemetery, or educational organization or other nonprofit 27 organization where the employer-employee relationship does not, in fact, exist, and 28 where services rendered to the organization are on a voluntary basis and are related 29 only to the organization's nonprofit activities; for purposes of this paragraph, 30 "nonprofit activities" means activities for which the nonprofit organization does not 31 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended;
01 (7) an employee engaged in the delivery of newspapers to the 02 consumer; 03 (8) an individual employed solely as a watchman or caretaker of a 04 plant or property that is not in productive use for a period of four months or more; 05 (9) an individual employed in a bona fide executive, administrative, or 06 professional capacity or in the capacity of an outside salesman or a salesman who is 07 employed on a straight commission basis; 08 (10) an individual employed in the search for placer or hard rock 09 minerals; 10 (11) an individual under 18 years of age employed on a part-time basis 11 not more than 30 hours in a week; 12 (12) employment by a nonprofit educational or child care facility to 13 serve as a parent of children while the children are in residence at the facility if the 14 employment requires residence at the facility and is compensated on a cash basis 15 exclusive of room and board at an annual rate of not less than 16 (A) $10,000 for an unmarried person; or 17 (B) $15,000 for a married couple; 18 (13) an individual who drives a taxicab, is compensated for taxicab 19 services exclusively by customers of the service, whose written contractual 20 arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch 21 services are based upon flat contractual rates and not based on a percentage share of 22 the individual's receipts from customers, and whose written contract with owners of 23 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 24 the contract places no restrictions on hours worked by the individual or on areas in 25 which the individual may work except to comply with local ordinances; 26 (14) a person who holds a license under AS 08.54 and who is 27 employed by a registered guide-outfitter [GUIDE] or master guide-outfitter 28 [GUIDE] licensed under AS 08.54, for the first 60 work days in which the person is 29 employed by the registered guide-outfitter [GUIDE] or master guide-outfitter 30 [GUIDE] during a calendar year; 31 (15) an individual engaged in activities for a nonprofit religious,
01 charitable, civic, cemetery, recreational, or educational organization where the 02 employer-employee relationship does not, in fact, exist, and where services are 03 rendered to the organization under a work activity requirement of AS 47.27 (Alaska 04 temporary assistance program); or 05 (16) an individual who 06 (A) provides emergency medical services only on a voluntary 07 basis; 08 (B) serves with a full-time fire department only on a voluntary 09 basis; or 10 (C) provides ski patrol services on a voluntary basis. 11 * Sec. 38. AS 39.50.200(b) is amended by adding a new paragraph to read: 12 (58) Big Game Commercial Services Board (AS 08.54.591). 13 * Sec. 39. AS 41.23.420(d) is amended to read: 14 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 15 (1) the Department of Fish and Game, the Board of Fisheries, the 16 Board of Game, or the Big Game Commercial Services Board [DEPARTMENT OF 17 COMMUNITY AND ECONOMIC DEVELOPMENT] under AS 08.54, AS 16, or 18 AS 41.99.010; 19 (2) the Department of Environmental Conservation under AS 46.03; or 20 (3) state agencies and municipalities under AS 46.39.010 and 21 AS 46.40.100. 22 * Sec. 40. AS 44.62.330(a)(35) is amended to read: 23 (35) Big Game Commercial Services Board [DEPARTMENT OF 24 COMMUNITY AND ECONOMIC DEVELOPMENT UNDER AS 08.54 AS TO 25 LICENSING AND RELATED FUNCTIONS FOR BIG GAME GUIDES AND 26 TRANSPORTERS]; 27 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 INITIAL APPOINTMENT OF MEMBERS OF THE BIG GAME COMMERCIAL 30 SERVICES BOARD. (a) Notwithstanding AS 08.54.591, added by sec. 3 of this Act, and 31 AS 39.05.055, the initially appointed members of the Big Game Commercial Services Board
01 shall be appointed by the governor to terms as follows: one member serves for one year, two 02 members serve for two years, two members serve for three years, and two members serve for 03 four years. 04 (b) The governor shall appoint the initial members of the Big Game Commercial 05 Services Board, as provided for under AS 08.54.591(a), added by sec. 3 of this Act, before 06 December 1, 2004. 07 (c) The governor shall appoint persons who are active, licensed registered guides at 08 the time of appointment to fill the initial registered guide-outfitter positions on the Big Game 09 Commercial Services Board. 10 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: LICENSES. (a) Notwithstanding AS 08.54.610(a), as amended by 13 sec. 8 of this Act, a person who holds a registered guide license in good standing on the day 14 before the first meeting of the Big Game Commercial Services Board established under 15 AS 08.54.591, added by sec. 3 of this Act, shall, after the effective date of sec. 8 of this Act, 16 be considered to hold a registered guide-outfitter license issued under AS 08.54.610, as 17 amended by sec. 8 of this Act and may renew the license as a registered guide-outfitter license 18 under AS 08.54.660, as amended by sec. 14 of this Act. 19 (b) Notwithstanding AS 08.54.610(b), as amended by sec. 8 of this Act, a person who 20 holds a master guide license in good standing on the day before the first meeting of the Big 21 Game Commercial Services Board established under AS 08.54.591, added by sec. 3 of this 22 Act, shall, after the effective date of sec. 8 of this Act, be considered to hold a master guide- 23 outfitter license issued under AS 08.54.610, as amended by sec. 8 of this Act and may renew 24 the license as a master guide-outfitter license under AS 08.54.660, as amended by sec. 14 of 25 this Act. 26 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 SAVING CLAUSE. Litigation, hearings, investigations, and other proceedings 29 pending under a law amended or repealed by this Act, or in connection with functions 30 transferred by this Act, continue in effect and may be continued and completed 31 notwithstanding a transfer or amendment or repeal provided for by this Act. Regulations
01 adopted under authority of a law amended or repealed by this Act remain in effect for the term 02 adopted or until repealed or otherwise amended under the provisions of this Act. 03 * Sec. 44. Sections 3 and 41 - 43 of this Act take effect immediately under 04 AS 01.10.070(c). 05 * Sec. 45. Except as provided in sec. 44 of this Act, this Act takes effect on the day on 06 which the Big Game Commercial Services Board convenes its first meeting. The 07 commissioner of community and economic development shall inform the revisor of statutes 08 and the lieutenant governor of the date on which the Big Game Commercial Services Board 09 convenes its first meeting.