Enrolled HB 76: 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.
00Enrolled HB 76 01 Relating to the Big Game Commercial Services Board and to the regulation of big game 02 hunting services and transportation services; and providing for an effective date. 03 _______________ 04 * Section 1. AS 08.01.010(7) is amended to read: 05 (7) Big Game Commercial Services Board (AS 08.54.591) 06 [REGULATION OF BIG GAME GUIDES AND TRANSPORTERS UNDER 07 AS 08.54]; 08 * Sec. 2. AS 08.03.010(c) is amended by adding a new paragraph to read: 09 (22) Big Game Commercial Services Board (AS 08.54.591) -- June 30, 10 2008. 11 * Sec. 3. AS 08.54 is amended by adding new sections to article 1 to read: 12 Sec. 08.54.591. Creation and membership of board. (a) For the purposes 13 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 Commerce, Community, and Economic Development. 04 (b) The board consists of nine members as follows: 05 (1) two members who are current, licensed registered guide-outfitters; 06 (2) two members who are licensed transporters; 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) two public members. 13 Sec. 08.54.595. Board assistance. State agencies shall provide the board with 14 information, data, or technical assistance requested by the board for the purposes of 15 licensing and regulating the activities of providers of commercial services to big game 16 hunters. 17 * Sec. 4. AS 08.54.600 is amended to read: 18 Sec. 08.54.600. Duties of board [DEPARTMENT]. (a) The board 19 [DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC 20 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 after the applicant for the license satisfies the 07 requirements for the license; 08 (3) [COMPILE, MAINTAIN, AND PUBLISH AN ANNUAL 09 ROSTER OF REGISTERED GUIDES AND MASTER GUIDES LICENSED 10 UNDER THIS CHAPTER; A PERSON LISTED IN THE ROSTER WHOSE 11 LICENSE IS REVOKED OR SUSPENDED SHALL BE REMOVED FROM THE 12 ROSTER WHILE THE PERSON'S LICENSE IS REVOKED OR SUSPENDED; 13 (4)] impose appropriate disciplinary sanctions on a licensee under 14 AS 08.54.600 - 08.54.790; 15 (4) [(5)] require an applicant for issuance or renewal of any class of 16 guide license or of a transporter license to state in a written and signed document 17 whether the applicant's right to obtain, or exercise the privileges granted by, a hunting, 18 guiding, outfitting, or transportation services license is revoked or suspended in this 19 state or another state or in Canada; 20 (5) [(6)] regularly disseminate information regarding examinations and 21 other qualifications for all classes of guide licenses to residents of the rural areas of the 22 state; 23 (6) [(7)] adopt procedural and substantive regulations required by this 24 chapter; 25 (7) provide for administration of [(8) ADMINISTER] examinations 26 for registered guide-outfitters [GUIDES] at least twice a year; 27 (8) meet at least twice annually [AN EXAMINATION MAY NOT 28 BE GIVEN WITHIN 90 DAYS AFTER THE PREVIOUS EXAMINATION; AT 29 LEAST ONCE EVERY OTHER YEAR THE DEPARTMENT SHALL GIVE THE 30 EXAMINATION AT A LOCATION OTHER THAN ANCHORAGE]. 31 (b) The board [DEPARTMENT] shall provide for administration of an oral
01 examination for a registered guide-outfitter [GUIDE] license or for a game 02 management unit certification if requested at the time of application for the license 03 [AN APPLICANT EXPERIENCES A SPECIFIC LANGUAGE DISABILITY]. 04 * Sec. 5. AS 08.54.600 is amended by adding a new subsection to read: 05 (c) The board may adopt regulations as the board considers appropriate to 06 (1) establish a code of ethics for professions regulated by the board; 07 (2) establish requirements for the contents of written contracts to 08 provide big game hunting services and transportation services to 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 21 (i) the person was [FINED MORE THAN $1,000 OR] 22 imprisoned for more than five days within the previous five years; 23 (ii) an unsuspended fine of more than $2,000 was 24 imposed in the previous 12 months; 25 (iii) an unsuspended fine of more than $3,000 was 26 imposed in the previous 36 months; or 27 (iv) an unsuspended fine of more than $5,000 was 28 imposed in the previous 60 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 08.54.680 is amended by adding a new subsection to read: 27 (c) On or after January 1, 2006, a registered guide-outfitter may not provide 28 big game hunting services and a transporter may not provide transportation services 29 unless the registered guide-outfitter or transporter has entered into a written contract 30 with the client for the provision of those services. A contract to provide big game 31 hunting services must include at least the following information: the name and guide
01 license number of the registered guide-outfitter, the name of the client, a listing of the 02 big game to be hunted, the approximate time and dates that the client will be in the 03 field, a statement as to what transportation is provided by the registered guide- 04 outfitter, a statement as to whether accommodations and meals in the field are 05 provided by the registered guide-outfitter, and a statement of the amount to be paid for 06 the big game hunting services provided. A contract to provide transportation services 07 must include at least the following information: the name and transporter license 08 number of the transporter, the name of the client, a listing of the big game to be 09 hunted, the approximate time and dates that the client will be in the field, and a 10 statement of the amount to be paid for the transportation services provided. A 11 registered guide-outfitter or transporter shall provide a copy of contracts to provide big 12 game hunting services or transportation services, as appropriate, to the department 13 upon the request of the department. Except as necessary for disciplinary proceedings 14 conducted by the board and as necessary for law enforcement purposes by the 15 Department of Public Safety and the Department of Law, a copy of a contract 16 provided to the department is confidential. The department may provide a copy of 17 contracts in the possession of the department to the Department of Fish and Game or 18 the Department of Natural Resources upon the request of that department if the 19 department receiving the copy agrees to maintain the confidentiality of the contracts. 20 * Sec. 18. AS 08.54.710(a) is amended to read: 21 (a) The board [DEPARTMENT] may impose a disciplinary sanction in a 22 timely manner under (c) of this section if the board [DEPARTMENT] finds, after a 23 hearing, that a licensee 24 (1) is convicted of a violation of any [A] state or federal statute or 25 regulation relating to hunting or to provision of big game hunting services or 26 transportation services; [OR] 27 (2) has failed to file records or reports required under this chapter; 28 (3) has negligently misrepresented or omitted a material fact on an 29 application for any class of guide license or a transporter license; or 30 (4) has breached a contract to provide big game hunting services 31 or transportation services to a client.
01 * Sec. 19. AS 08.54.710(b) is amended to read: 02 (b) The board [DEPARTMENT] may impose a disciplinary sanction in a 03 timely manner under (c)(3) - (7) of this section if the board [DEPARTMENT] finds, 04 after a hearing, that a licensee has acted unethically [IS INCOMPETENT] as a 05 registered guide-outfitter [GUIDE], class-A assistant guide, assistant guide, or 06 transporter. 07 * Sec. 20. AS 08.54.710(c) is amended to read: 08 (c) The board [DEPARTMENT] may impose the following disciplinary 09 sanctions, singly or in combination: 10 (1) permanently revoke a license; 11 (2) suspend a license for a specified period; 12 (3) censure or reprimand a licensee; 13 (4) impose limitations or conditions on the professional practice of a 14 licensee; 15 (5) impose requirements for remedial professional education to correct 16 deficiencies in the education, training, and skill of the licensee; 17 (6) impose probation requiring a licensee to report regularly to the 18 board [DEPARTMENT] on matters related to the grounds for probation; 19 (7) impose a civil fine not to exceed $5,000 [$1,000]. 20 * Sec. 21. AS 08.54.710(d) is amended to read: 21 (d) The board [DEPARTMENT] shall permanently revoke a transporter 22 license or any class of guide license if the board [DEPARTMENT] finds after a 23 hearing that the license was obtained through fraud, deceit, or [INNOCENT] 24 misrepresentation. 25 * Sec. 22. AS 08.54.710(e) is amended to read: 26 (e) The board [DEPARTMENT] shall suspend or permanently revoke a 27 transporter license or any class of guide license without a hearing if the court orders 28 the board [DEPARTMENT] to suspend or permanently revoke the license as a 29 penalty for conviction of an unlawful act [UNDER AS 08.54.720]. If the board 30 [DEPARTMENT] suspends or permanently revokes a license under this subsection, 31 the board [DEPARTMENT] may not also impose an administrative disciplinary
01 sanction of suspension or permanent revocation of the same license for the same 02 offense for which the court ordered the suspension or permanent revocation under 03 AS 08.54.720. 04 * Sec. 23. AS 08.54.710(h) is amended to read: 05 (h) If the board [DEPARTMENT] revokes a license under this section, the 06 person whose license has been revoked shall immediately surrender the license to the 07 department. 08 * Sec. 24. AS 08.54.710(i) is amended to read: 09 (i) The board [DEPARTMENT] may summarily suspend a licensee from 10 practice of the profession under this chapter, for a period of not more than 30 days, 11 before a final hearing is held or during an appeal if the board [DEPARTMENT] finds 12 that the licensee poses a clear and immediate danger to the public health and safety. A 13 person is entitled to a hearing before the board [DEPARTMENT] to appeal the 14 summary suspension within seven days after the order of suspension is issued. A 15 person may appeal an adverse decision of the board [DEPARTMENT] on an appeal 16 of summary suspension to a court of competent jurisdiction. 17 * Sec. 25. AS 08.54.720(a) is amended to read: 18 (a) It is unlawful for a 19 (1) person who is licensed under this chapter to knowingly fail to 20 promptly report, unless a reasonable means of communication is not reasonably 21 available, to the Department of Public Safety, [DIVISION OF FISH AND 22 WILDLIFE PROTECTION,] and in no event later than 20 days, a violation of a state 23 or federal wildlife or game, guiding, or transportation services statute or regulation 24 that the person reasonably believes was committed by a client or an employee of the 25 person; 26 (2) person who is licensed under this chapter to intentionally obstruct 27 or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who 28 is not a client of the person; 29 (3) class-A assistant guide or an assistant guide to knowingly guide a 30 big game hunt except while employed and supervised by a registered guide-outfitter 31 [GUIDE];
01 (4) person who holds any class of guide license or transporter license 02 to knowingly enter or remain on private, state, or federal land without prior 03 authorization during the course of providing big game hunting services or 04 transportation services; 05 (5) registered guide-outfitter [GUIDE] to knowingly engage in 06 providing big game hunting services outside of 07 (A) a game management unit for which the registered guide- 08 outfitter [GUIDE] is certified; or 09 (B) a use area for which the registered guide-outfitter 10 [GUIDE] is registered under AS 08.54.750 unless the registration requirement 11 for the area has been suspended by the Department of Fish and Game; 12 (6) person to knowingly guide without having a current registered 13 guide-outfitter [GUIDE], class-A assistant guide, or assistant guide license and a 14 valid Alaska hunting license in actual possession; 15 (7) registered guide-outfitter [GUIDE] to knowingly fail to comply 16 with AS 08.54.610(e); 17 (8) person who is licensed under this chapter to knowingly 18 (A) commit or aid in the commission of a violation of this 19 chapter, a regulation adopted under this chapter, or a state or federal wildlife 20 or game statute or regulation; or 21 (B) permit the commission of a violation of this chapter, a 22 regulation adopted under this chapter, or a state or federal wildlife or game 23 statute or regulation that the person knows or reasonably believes is being or 24 will be committed without 25 (i) attempting to prevent it, short of using force; and 26 (ii) reporting the violation; 27 (9) person without a current registered guide-outfitter [GUIDE] 28 license to knowingly guide, advertise as a registered guide-outfitter [GUIDE], or 29 represent to be a registered guide-outfitter [GUIDE]; 30 (10) person without a current master guide-outfitter [GUIDE] license 31 to knowingly advertise as, or represent to be, a master guide-outfitter [GUIDE];
01 (11) person without a current registered guide-outfitter [GUIDE] 02 license to knowingly outfit a big game hunt, provide outfitting services, advertise as 03 an outfitter of big game hunts, or represent to be an outfitter of big game hunts; 04 (12) person to knowingly provide transportation services to big game 05 hunters without holding a current registered guide-outfitter [GUIDE] license or 06 transporter license; 07 (13) person without a current transporter license to knowingly 08 advertise as, or represent to be, a transporter; 09 (14) class-A assistant guide or an assistant guide to knowingly contract 10 to guide or outfit a hunt; 11 (15) person licensed under this chapter to knowingly violate a state 12 statute or regulation prohibiting waste of a wild food animal or hunting on the same 13 day airborne; 14 (16) person to knowingly provide big game hunting services 15 [SERVICE] or transportation services during the period for which the person's license 16 to provide that service is suspended or revoked; 17 (17) registered guide-outfitter [GUIDE], except in the defense of life 18 or property, to knowingly personally take 19 (A) big game while accompanying a client in the field; or 20 (B) a species of big game if the registered guide-outfitter 21 [GUIDE] is under contract with a client to provide a guided hunt for that 22 species of big game and the client is in the field; 23 (18) person who is licensed as a registered guide-outfitter [GUIDE], a 24 class-A assistant guide, or an assistant guide, except in the defense of life or property, 25 to knowingly personally take big game while a client of the registered guide-outfitter 26 [GUIDE] by whom the person is employed is in the field unless the person is not 27 participating in, supporting, or otherwise assisting in providing big game hunting 28 services to a client of the registered guide-outfitter [GUIDE] by whom the person is 29 employed; or 30 (19) person who is licensed as a transporter, or who provides 31 transportation services under a transporter license, to knowingly accompany or remain
01 in the field with a big game hunter who is a client of the person except as necessary to 02 perform the specific duties of embarking or disembarking big game hunters, their 03 equipment, or big game animals harvested by hunters; this paragraph does not apply to 04 a person who holds both a transporter license and a registered guide-outfitter [ANY 05 CLASS OF GUIDE] license issued under this chapter when the person has a 06 contract to provide guiding services for the client. 07 * Sec. 26. AS 08.54.720(f) is amended to read: 08 (f) In addition to the penalties set out in (b) - (e) of this section and a 09 disciplinary sanction imposed under AS 08.54.710, 10 (1) the court may order the board [DEPARTMENT] to suspend the 11 guide license or transporter license of a person who commits a misdemeanor offense 12 set out in (a)(1), (3) - (5), (7), (17), (18), or (19) of this section for a specified period 13 of not more than three years; 14 (2) the court shall order the board [DEPARTMENT] to suspend the 15 guide license or transporter license of a person who commits a misdemeanor offense 16 set out in (a)(2) or (8) - (14) of this section for a specified period of not less than one 17 year and not more than five years; 18 (3) the court shall order the board [DEPARTMENT] to suspend the 19 guide license or transporter license for a specified period of not less than three years, 20 or to permanently revoke the guide license or transporter license, of a person who 21 commits an offense set out in (a)(15) or (16) of this section; and 22 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other 23 vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a 24 violation of (a) of this section may be seized by persons authorized to enforce this 25 chapter and may be forfeited to the state as provided under AS 16.05.195. 26 * Sec. 27. AS 08.54.730 is amended to read: 27 Sec. 08.54.730. Injunction against unlawful action. When in the judgment 28 of the board [DEPARTMENT], a person has engaged in an act in violation of 29 AS 08.54.620(b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the 30 regulations adopted under these statutes, the board [DEPARTMENT] may apply to 31 the appropriate court for an order enjoining the action. Upon a showing by the board
01 [DEPARTMENT] that the person is engaging in the act, the court shall grant 02 injunctive relief or other appropriate order without bond. 03 * Sec. 28. AS 08.54.740 is amended to read: 04 Sec. 08.54.740. Responsibility of guide or transporter for violations. (a) A 05 registered guide-outfitter [GUIDE] who contracts to guide or outfit a big game hunt 06 is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife 07 or game or [,] guiding [, OR TRANSPORTATION SERVICES] statute or regulation 08 committed by a person while in the course of the person's employment for the 09 registered guide-outfitter [GUIDE]. 10 (b) A transporter who provides transportation services is equally responsible 11 under AS 08.54.710 for a violation of a state or federal wildlife or game, guiding, or 12 transportation services statute or regulation committed by a person while in the course 13 of the person's employment for the transporter. 14 * Sec. 29. AS 08.54.750 is amended to read: 15 Sec. 08.54.750. Use area registration. (a) At least 30 days before 16 conducting big game hunting services within a guide use area, a registered guide- 17 outfitter [GUIDE] shall inform the department, in person or by registered mail on a 18 registration form provided by the department, that the guide-outfitter [GUIDE] will 19 be conducting big game hunting services in the use area. A registered guide- 20 outfitter may not withdraw or amend a guide use area registration during the 21 calendar year in which the registration was submitted to the department. 22 (b) A registered guide-outfitter [GUIDE] may not register for, or conduct big 23 game hunting services in, 24 (1) more than three guide use areas during a calendar year; or 25 (2) a guide use area that is outside of a game management unit for 26 which the registered guide-outfitter [GUIDE] is certified under AS 08.54.600. 27 (c) Notwithstanding (a) and (b) of this section, a registered guide-outfitter 28 [GUIDE] may register to conduct big game hunting services within a guide use area at 29 any time before beginning operations in the guide use area and may conduct big game 30 hunting services in a guide use area, or for a big game species in a guide use area, that 31 is not one of the three guide use areas for which the registered guide-outfitter
01 [GUIDE] has registered under (b) of this section if the Department of Fish and Game 02 has determined by regulation that it is in the public interest to suspend the registration 03 requirements for that guide use area or for all guide use areas in a game management 04 unit or game management subunit for a big game species within those guide use areas. 05 (d) Notwithstanding (b) of this section, a registered guide-outfitter [GUIDE] 06 who is registered in three guide use areas may also register for and conduct big game 07 hunting services in a portion of one additional guide use area on federal land adjacent 08 to a guide use area in which the registered guide-outfitter [GUIDE] is already 09 registered if the board [DEPARTMENT] finds that the portion of the adjacent guide 10 use area for which the registered guide-outfitter [GUIDE] is seeking to be registered 11 would otherwise remain unused by a registered guide-outfitter [GUIDE] because the 12 boundaries of guide use areas do not coincide with boundaries of federal big game 13 guide concession or permit areas. 14 (e) In this section, "guide use area" means a geographic area of the state 15 identified as a guide-outfitter use area by the former Big Game Commercial Services 16 Board established under former AS 08.54.300 and described on a set of maps titled 17 Guide-Outfitter Use Area Maps, dated June 22, 1994, as amended by the board as 18 the board considers necessary. 19 * Sec. 30. AS 08.54.750 is amended by adding new subsections to read: 20 (f) Notwithstanding (b) of this section, a registered guide-outfitter who is 21 registered in three guide use areas may also register for and conduct big game hunting 22 services for wolf, black bear, brown bear, or grizzly bear in guide use areas within a 23 game management unit or portion of a game management unit where the Board of 24 Game has identified predation by wolf, black bear, brown bear, or grizzly bear as a 25 cause of the depletion of a big game prey population or a reduction of the productivity 26 of a big game prey population that is the basis for the establishment of an intensive 27 management program in the game management unit or portion of the game 28 management unit or for the declaration of the biological emergency in the game 29 management unit or portion of the game management unit. A registered guide- 30 outfitter may only conduct hunts in a guide use area under this subsection for the big 31 game species identified by the Board of Game as the cause of the depletion or
01 reduction of productivity of a big game prey population. 02 (g) At least 60 days before providing transportation services to, from, or in an 03 area as may be determined by the board, a transporter shall inform the department, in 04 person or by registered mail on a registration form provided by the department, that 05 the transporter will be providing transportation services to, from, or in the use area. 06 The board may establish transporter use areas and adopt regulations to implement this 07 subsection as the board considers necessary. 08 * Sec. 31. AS 08.54.760 is amended to read: 09 Sec. 08.54.760. Hunt records; confidentiality of hunt records and activity 10 reports. (a) The department shall collect and maintain hunt records provided by a 11 registered guide-outfitter [GUIDE]. A registered guide-outfitter [GUIDE] shall 12 submit to the department a hunt record for each contracted hunt within 60 [30] days 13 after the completion of the hunt. A hunt record must include a list of all big game 14 hunters who used the guiding or outfitting services of the registered guide-outfitter 15 [GUIDE], the number of each big game species taken, and other information required 16 by the board [DEPARTMENT]. The department shall provide forms for reporting 17 hunt records. 18 (b) The department shall make hunt records received under this section, and 19 activity reports received under AS 08.54.650, available to state agencies, [AND] 20 federal law enforcement agencies, and other [FISH AND WILDLIFE] law 21 enforcement agencies [CHARGED WITH THE ENFORCEMENT OF STATUTES 22 AND REGULATIONS RELATING TO GUIDING, OUTFITTING, 23 TRANSPORTATION SERVICES, OR GAME OR WITH MANAGEMENT OF 24 GAME] if requested [FOR GAME MANAGEMENT OR LAW ENFORCEMENT 25 PURPOSES]. Aggregated data compiled from hunt records and activity reports may 26 be included in reports by the department. For all other purposes, the hunt records and 27 activity reports are confidential and are not subject to inspection or copying under 28 AS 40.25.110 - 40.25.125. 29 * Sec. 32. AS 08.54.760 is amended by adding a new subsection to read: 30 (c) Forms, records, and reports required under this chapter may be distributed, 31 received, and stored electronically.
01 * Sec. 33. AS 08.54.770 is amended to read: 02 Sec. 08.54.770. License and examination fees. (a) The department shall set 03 fees under AS 08.01.065 for each of the following: 04 (1) registered guide-outfitter [GUIDE] license; 05 (2) class-A assistant guide license; 06 (3) assistant guide license; 07 (4) transporter license; 08 (5) license application fee. 09 (b) The license fee for the registered guide-outfitter [GUIDE], class-A 10 assistant guide, or assistant guide license is in addition to the fee required for a hunting 11 license issued by the Department of Fish and Game under AS 16.05.340. 12 (c) An applicant for a qualifying examination for a registered guide-outfitter 13 [GUIDE] license shall pay a fee established by regulations adopted under 14 AS 08.01.065. 15 (d) The fee for the transporter license must be equal to the fee for the 16 registered guide-outfitter [GUIDE] license. 17 (e) The [FOR LICENSES ISSUED UNDER THIS CHAPTER FOR 1997 18 AND SUBSEQUENT YEARS, THE] amount of the license fee for a nonresident shall 19 be two times the amount of the license fee for a resident. 20 * Sec. 34. AS 08.54.790 is amended to read: 21 Sec. 08.54.790. Definitions. In this chapter, 22 (1) "big game" means brown bear, grizzly bear, caribou, moose, black 23 bear, bison, Sitka blacktail deer, elk, mountain goat, musk-ox, and mountain or Dall 24 sheep; "big game" includes wolf and wolverine when taken under hunting regulations; 25 (2) "big game hunting service" means a service for which the provider 26 of the service must obtain a registered guide-outfitter [GUIDE], class-A assistant 27 guide, or assistant guide license; "big game hunting service" includes guiding services 28 and outfitting services; 29 (3) "board" means the Big Game Commercial Services Board; 30 (4) "compensation" means payment for services including wages or 31 other remuneration but not including reimbursement for actual expenses incurred;
01 (5) [(4)] "department" means the Department of Commerce, 02 Community, and Economic Development; 03 (6) [(5)] "field" means an area outside of established year-round 04 dwellings, businesses, or other developments [USUALLY] associated with a city, 05 town, or village; "field" does not include permanent hotels or roadhouses on the state 06 road system or state or federally maintained airports; 07 (7) [(6)] "game management unit" means one of the 26 geographic 08 areas defined by the Board of Game for game management purposes; 09 (8) [(7)] "guide" means to provide, for compensation or with the intent 10 or with an agreement to receive compensation, services, equipment, or facilities to a 11 big game hunter in the field by a person who accompanies or is present with the big 12 game hunter in the field either personally or through an assistant; in this paragraph, 13 "services" includes 14 (A) contracting to guide or outfit big game hunts; 15 (B) stalking, pursuing, tracking, killing, or attempting to kill 16 big game; 17 (C) packing, preparing, salvaging, or caring for meat, except 18 that which is required to properly and safely load the meat on the mode of 19 transportation being used by a transporter; 20 (D) field preparation of trophies, including skinning and 21 caping; 22 (E) selling, leasing, or renting goods when the transaction 23 occurs in the field; 24 (F) using guiding or outfitting equipment, including spotting 25 scopes and firearms, for the benefit of a hunter; and 26 (G) providing camping or hunting equipment or supplies that 27 [WHICH] are already located in the field; 28 (9) [(8)] "outfit" means to provide, for compensation or with the intent 29 to receive compensation, services, supplies, or facilities to a big game hunter in the 30 field, by a person who neither accompanies nor is present with the big game hunter in 31 the field either personally or by an assistant;
01 (10) [(9)] "transportation services" means the carriage for 02 compensation of big game hunters, their equipment, or big game animals harvested by 03 hunters to, from, or in the field; "transportation services" does not include the carriage 04 by aircraft of big game hunters, their equipment, or big game animals harvested by 05 hunters 06 (A) on nonstop flights between airports listed in the Alaska 07 supplement to the Airmen's Guide published by the Federal Aviation 08 Administration; or 09 (B) by an air taxi operator or air carrier for which the carriage 10 of big game hunters, their equipment, or big game animals harvested by 11 hunters is only an incidental portion of its business; in this subparagraph, 12 "incidental" means transportation provided to a big game hunter by an air taxi 13 operator or air carrier who does not 14 (i) charge more than the usual tariff or charter rate for 15 the carriage of big game hunters, their equipment, or big game animals 16 harvested by hunters; or 17 (ii) advertise transportation services or big game 18 hunting services to the public; in this sub-subparagraph, "advertise" 19 means soliciting big game hunters to be customers of an air taxi 20 operator or air carrier for the purpose of providing air transportation to, 21 from, or in the field through the use of print or electronic media, 22 including advertising at trade shows, or the use of hunt broker services 23 or other promotional services. 24 * Sec. 35. AS 16.05.407(a) is amended to read: 25 (a) It is unlawful for a nonresident to hunt, pursue, or take brown bear, grizzly 26 bear, mountain goat, or sheep in this state, unless personally accompanied by 27 (1) a person who is licensed as 28 (A) a registered guide-outfitter [GUIDE] or a master guide- 29 outfitter [GUIDE] under AS 08.54 and who is providing big game hunting 30 services to the nonresident under a contract with the nonresident; or 31 (B) a class-A assistant guide or an assistant guide under
01 AS 08.54 and who is employed by a registered guide-outfitter [GUIDE] or a 02 master guide-outfitter [GUIDE] who has a contract to provide big game 03 hunting services to the nonresident; or 04 (2) a resident over 19 years of age who is 05 (A) the spouse of the nonresident; or 06 (B) related to the nonresident, within and including the second 07 degree of kindred, by marriage or blood. 08 * Sec. 36. AS 16.05.407(f) is amended to read: 09 (f) An applicant for a nonresident hunt permit for the taking of an animal 10 specified in (a) of this section shall, if requested by the department, first furnish to the 11 department proof of prior authorization to use federal, state, or private land where the 12 permit hunt will occur. The authorization shall be provided to the applicant by the 13 registered guide-outfitter [GUIDE] or master guide-outfitter [GUIDE] with whom 14 the applicant has contracted to guide the permit hunt. 15 * Sec. 37. AS 16.05.408(a) is amended to read: 16 (a) It is a class A misdemeanor for a nonresident alien to hunt, pursue, or take 17 a big game animal as defined by the Board of Game unless personally accompanied by 18 (1) a registered guide-outfitter [GUIDE] or a master guide-outfitter 19 [GUIDE] licensed under AS 08.54 who is providing big game hunting services to the 20 nonresident alien under a contract with the nonresident alien; or 21 (2) a class-A assistant guide or an assistant guide licensed under 22 AS 08.54 who is employed by a registered guide-outfitter [GUIDE] or a master 23 guide-outfitter [GUIDE] who has a contract to provide big game hunting services to 24 the nonresident alien. 25 * Sec. 38. AS 16.05.408(c) is amended to read: 26 (c) Before obtaining a nonresident hunt permit for the taking of an animal 27 specified in (a) of this section, a nonresident alien shall, if requested by the 28 department, first furnish to the department proof of prior authorization to use federal 29 or private land where the permit hunt will occur. The authorization shall be provided 30 to the nonresident alien by the registered guide-outfitter [GUIDE] or master guide- 31 outfitter [GUIDE] with whom the nonresident alien has contracted to guide the permit
01 hunt. 02 * Sec. 39. AS 23.10.055 is amended to read: 03 Sec. 23.10.055. Exemptions. The provisions of AS 23.10.050 - 23.10.150 do 04 not apply to 05 (1) an individual employed in agriculture, which includes farming in 06 all its branches and, among other things, includes the cultivation and tillage of the soil, 07 dairying, the production, cultivation, growing, and harvesting of any agricultural or 08 horticultural commodities, the raising of livestock, bees, fur-bearing animals, or 09 poultry, and any practices, including forestry and lumbering operations, performed by 10 a farmer or on a farm as an incident to or in conjunction with the farming operations, 11 including preparation for market, delivery to storage or to market or to carriers for 12 transportation to market; 13 (2) an individual employed in the catching, trapping, cultivating or 14 farming, netting, or taking of any kind of fish, shellfish, or other aquatic forms of 15 animal and vegetable life; 16 (3) an individual employed in the hand picking of shrimp; 17 (4) an individual employed in domestic service, including a baby- 18 sitter, in or about a private home; 19 (5) an individual employed by the United States or by the state or 20 political subdivision of the state, except as provided in AS 23.10.065(b), including 21 prisoners not on furlough detained or confined in prison facilities; 22 (6) an individual engaged in the nonprofit activities of a nonprofit 23 religious, charitable, cemetery, or educational organization or other nonprofit 24 organization where the employer-employee relationship does not, in fact, exist, and 25 where services rendered to the organization are on a voluntary basis and are related 26 only to the organization's nonprofit activities; for purposes of this paragraph, 27 "nonprofit activities" means activities for which the nonprofit organization does not 28 incur a liability for unrelated business income tax under 26 U.S.C. 513, as amended; 29 (7) an employee engaged in the delivery of newspapers to the 30 consumer; 31 (8) an individual employed solely as a watchman or caretaker of a
01 plant or property that is not in productive use for a period of four months or more; 02 (9) an individual employed in a bona fide executive, administrative, or 03 professional capacity or in the capacity of an outside salesman or a salesman who is 04 employed on a straight commission basis; 05 (10) an individual employed in the search for placer or hard rock 06 minerals; 07 (11) an individual under 18 years of age employed on a part-time basis 08 not more than 30 hours in a week; 09 (12) employment by a nonprofit educational or child care facility to 10 serve as a parent of children while the children are in residence at the facility if the 11 employment requires residence at the facility and is compensated on a cash basis 12 exclusive of room and board at an annual rate of not less than 13 (A) $10,000 for an unmarried person; or 14 (B) $15,000 for a married couple; 15 (13) an individual who drives a taxicab, is compensated for taxicab 16 services exclusively by customers of the service, whose written contractual 17 arrangements with owners of taxicab vehicles, taxicab permits, or radio dispatch 18 services are based upon flat contractual rates and not based on a percentage share of 19 the individual's receipts from customers, and whose written contract with owners of 20 taxicab vehicles, taxicab permits, or radio dispatch services specifically provides that 21 the contract places no restrictions on hours worked by the individual or on areas in 22 which the individual may work except to comply with local ordinances; 23 (14) a person who holds a license under AS 08.54 and who is 24 employed by a registered guide-outfitter [GUIDE] or master guide-outfitter 25 [GUIDE] licensed under AS 08.54, for the first 60 work days in which the person is 26 employed by the registered guide-outfitter [GUIDE] or master guide-outfitter 27 [GUIDE] during a calendar year; 28 (15) an individual engaged in activities for a nonprofit religious, 29 charitable, civic, cemetery, recreational, or educational organization where the 30 employer-employee relationship does not, in fact, exist, and where services are 31 rendered to the organization under a work activity requirement of AS 47.27 (Alaska
01 temporary assistance program); 02 (16) an individual who 03 (A) provides emergency medical services only on a voluntary 04 basis; 05 (B) serves with a full-time fire department only on a voluntary 06 basis; or 07 (C) provides ski patrol services on a voluntary basis; or 08 (17) a student participating in a University of Alaska practicum 09 described under AS 14.40.065. 10 * Sec. 40. AS 39.50.200(b) is amended by adding a new paragraph to read: 11 (58) Big Game Commercial Services Board (AS 08.54.591). 12 * Sec. 41. AS 41.23.420(d) is amended to read: 13 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 14 (1) the Department of Fish and Game, the Board of Fisheries, the 15 Board of Game, or the Big Game Commercial Services Board [DEPARTMENT OF 16 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT] under 17 AS 08.54, AS 16, or AS 41.99.010; 18 (2) the Department of Environmental Conservation under AS 46.03; or 19 (3) state agencies and municipalities under AS 46.39.010 and 20 AS 46.40.100. 21 * Sec. 42. AS 44.62.330(a)(21) is amended to read: 22 (21) Big Game Commercial Services Board [DEPARTMENT OF 23 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT UNDER 24 AS 08.54 AS TO LICENSING AND RELATED FUNCTIONS FOR BIG GAME 25 GUIDES AND TRANSPORTERS]; 26 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 INITIAL APPOINTMENT OF MEMBERS OF THE BIG GAME COMMERCIAL 29 SERVICES BOARD. (a) Notwithstanding AS 08.54.591, added by sec. 3 of this Act, and 30 AS 39.05.055, the initially appointed members of the Big Game Commercial Services Board 31 shall be appointed by the governor to terms as follows: two members serve for one year, two
01 members serve for two years, two members serve for three years, and three members serve for 02 four years. 03 (b) The governor shall appoint the initial members of the Big Game Commercial 04 Services Board, as provided for under AS 08.54.591(a), added by sec. 3 of this Act, before 05 December 1, 2005. 06 (c) The governor shall appoint persons who are active, licensed registered guides at 07 the time of appointment to fill the initial registered guide-outfitter positions on the Big Game 08 Commercial Services Board. 09 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION: LICENSES. (a) Notwithstanding AS 08.54.610(a), as amended by 12 sec. 8 of this Act, a person who holds a registered guide license in good standing on the day 13 before the first meeting of the Big Game Commercial Services Board established under 14 AS 08.54.591, added by sec. 3 of this Act, shall, after the effective date of sec. 8 of this Act, 15 be considered to hold a registered guide-outfitter license issued under AS 08.54.610, as 16 amended by sec. 8 of this Act, and may renew the license as a registered guide-outfitter 17 license under AS 08.54.660, as amended by sec. 14 of this Act. 18 (b) Notwithstanding AS 08.54.610(b), as amended by sec. 8 of this Act, a person who 19 holds a master guide license in good standing on the day before the first meeting of the Big 20 Game Commercial Services Board established under AS 08.54.591, added by sec. 3 of this 21 Act, shall, after the effective date of sec. 8 of this Act, be considered to hold a master guide- 22 outfitter license issued under AS 08.54.610, as amended by sec. 8 of this Act, and may renew 23 the license as a master guide-outfitter license under AS 08.54.660, as amended by sec. 14 of 24 this Act. 25 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 SAVING CLAUSE. Litigation, hearings, investigations, and other proceedings 28 pending under a law amended or repealed by this Act, or in connection with functions 29 transferred by this Act, continue in effect and may be continued and completed 30 notwithstanding a transfer or amendment or repeal provided for by this Act. Regulations 31 adopted under authority of a law amended or repealed by this Act remain in effect for the term
01 adopted or until repealed or otherwise amended under the provisions of this Act. 02 * Sec. 46. Sections 3, 17, and 43 - 45 of this Act take effect immediately under 03 AS 01.10.070(c). 04 * Sec. 47. Except as provided in sec. 46 of this Act, this Act takes effect on the day on 05 which the Big Game Commercial Services Board convenes its first meeting. The 06 commissioner of commerce, community, and economic development shall inform the revisor 07 of statutes and the lieutenant governor of the date on which the Big Game Commercial 08 Services Board convenes its first meeting.