HCS CSSB 177(FIN): "An Act relating to an exception for professional fishing guide services in the Kenai River Special Management Area; relating to the licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) 01 "An Act relating to an exception for professional fishing guide services in the Kenai 02 River Special Management Area; relating to the licensing and regulation of sport fishing 03 operators and sport fishing guides and licensing and registration of sport fishing vessels; 04 and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 PURPOSE. The purpose of sec. 2 of this Act is to allow employers of professional 09 fishing guides in the Kenai River Special Management Area to hire a licensed guide who has 10 not completed the course requirement listed in 11 AAC 20.885(c)(9) if the employer has lost 11 the services of an employee because of unforeseen circumstances and is unable to hire an 12 available replacement guide who has completed the course. 13 * Sec. 2. AS 41.21.506(b) is amended to read: 14 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative
01 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 02 and to implement the plan adopted under (a) of this section. The regulations must 03 (1) designate incompatible uses and prohibit or restrict them, and 04 (2) establish a registration, licensing, or comparable procedure for 05 professional fishing guides and such additional fishing guide controls as the 06 commissioner considers necessary; notwithstanding the requirements established 07 by the commissioner to implement this paragraph, the commissioner shall 08 establish a procedure by which the holder of a valid sport fishing operator license 09 issued under AS 16.40.260 may petition for, and the director of the division of 10 parks, or the director's designee, shall expeditiously issue, a waiver to allow the 11 sport fishing operator license holder to use the services in the Kenai River Special 12 Management Area of a guide licensed under AS 16.40.270 who has not completed 13 the procedures and additional controls that are required by the department 14 under this paragraph; the waiver authorized in this paragraph applies only for 15 the duration of the sport fishing season during which the waiver application is 16 submitted and only if the sport fishing operator license holder 17 (A) employing the licensed guide has lost the services of a 18 licensed guide because of unforeseen circumstances; and 19 (B) is unable to hire as a replacement an available licensed 20 guide who has satisfied all the requirements of this paragraph, including 21 those required by regulation. 22 * Sec. 3. Section 8, ch. 70, SLA 2004, is amended to read: 23 Sec. 8. AS 16.05.340(a)(26); AS 16.40.260, 16.40.270, 16.40.280, 16.40.290, 24 16.40.299; AS 25.27.244(s)(2)(A)(xviii), and 25.27.244(s)(2)(A)(xix) are repealed 25 January 1, 2011 [2010]. 26 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).