CSHB 41(FSH): "An Act relating to sport fishing services, sport fishing operators, and sport fishing guides; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 41(FSH) 01 "An Act relating to sport fishing services, sport fishing operators, and sport fishing 02 guides; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read: 05 (27) Fishing services licenses 06 (A) Sport fishing operator license ...................................... 100 07 (B) Sport fishing guide license ............................................. 50 08 (C) Sport fishing operator and sport fishing guide combined 09 license ..................................................................................................... 10 * Sec. 2. AS 16.05.340(a)(27), added by sec. 1 of this Act, is amended to read: 11 (27) Fishing services licenses 12 (A) Sport fishing operator license ............................ 150 [100] 13 (B) Sport fishing guide license ..................................... 75 [50] 14 (C) Sport fishing operator and sport fishing guide combined
01 license .............................................................................................. 150 02 * Sec. 3. AS 16.05.340(a)(27), as amended by sec. 2 of this Act, is amended to read: 03 (27) Fishing services licenses 04 (A) Sport fishing operator license ............................ 200 [150] 05 (B) Sport fishing guide license ................................... 100 [75] 06 (C) Sport fishing operator and sport fishing guide combined 07 license .............................................................................................. 200 08 * Sec. 4. AS 16.05.395 is amended to read: 09 Sec. 16.05.395. Sport fishing vessel registration. A [FOR CALENDAR 10 YEAR 2005 AND SUBSEQUENT CALENDAR YEARS, A] person may not use a 11 vessel to provide sport fishing services under AS 16.40.261 - 16.40.300 [AS 16.40.260 12 - 16.40.299] unless the vessel is registered with the department and proof of 13 registration is attached to and clearly visible on the vessel while the vessel is used to 14 provide sport fishing services. The department shall register vessels used to provide 15 sport fishing services, and provide proof of registration, without charge. The 16 department may adopt regulations as the department finds necessary to implement this 17 section. 18 * Sec. 5. AS 16.05.395, as amended by sec. 4 of this Act, is amended to read: 19 Sec. 16.05.395. Sport fishing vessel registration. A person may not use a 20 vessel to provide sport fishing services [UNDER AS 16.40.261 - 16.40.300] unless the 21 vessel is registered with the department and proof of registration is attached to and 22 clearly visible on the vessel while the vessel is used to provide sport fishing services. 23 The department shall register vessels used to provide sport fishing services, and 24 provide proof of registration, without charge. The department may adopt regulations 25 as the department finds necessary to implement this section. 26 * Sec. 6. AS 16.40 is amended by adding new sections to read: 27 Sec. 16.40.261. Sport fishing operator license. (a) The department shall issue 28 an annual sport fishing operator license to a person who 29 (1) holds a current business license under AS 43.70 to provide services 30 to sport fishermen; 31 (2) presents proof satisfactory to the department of a general liability
01 insurance policy or marine protection and indemnity insurance policy, covering the 02 services provided by the person and the person's employees to sport fishermen, that 03 provides coverage of at least $100,000 for each incident, and $300,000 for all 04 incidents in a year; 05 (3) pays the license fee prescribed by AS 16.05.340(a); and 06 (4) satisfies all additional requirements adopted in regulation by the 07 Board of Fisheries. 08 (b) A person may not provide sport fishing services unless the person holds a 09 current sport fishing operator license and has current insurance coverage as required in 10 (a)(2) of this section. 11 (c) A person who holds a current sport fishing operator license may contract to 12 provide sport fishing guide services to a sport fisherman through an employee who 13 holds a current sport fishing guide license under AS 16.40.271. 14 (d) A person who holds a current sport fishing operator license may not 15 directly provide sport fishing guide services to a sport fisherman unless the person also 16 holds a current sport fishing guide license under AS 16.40.271(b). 17 (e) A person who holds a sport fishing operator license may not aid in the 18 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 19 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 20 fish, by a sport fishing guide who is employed by the person or by a sport fisherman 21 who is a client of the person. 22 Sec. 16.40.271. Sport fishing guide license. (a) A natural person may obtain 23 an annual sport fishing guide license if the person 24 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 25 alien; 26 (2) is certified in first aid by the American Red Cross or a similar 27 organization; 28 (3) holds a license to carry passengers for hire issued by the United 29 States Coast Guard if the person operates a vessel in the provision of sport fishing 30 guide services and the license is required by the United States Coast Guard for the area 31 in which the fishing guide provides fishing guide services;
01 (4) holds a current sport fishing license from the state; 02 (5) pays the license fee prescribed by AS 16.05.340(a); and 03 (6) satisfies all additional requirements adopted in regulation by the 04 Board of Fisheries. 05 (b) A natural person may obtain an annual sport fishing operator and sport 06 fishing guide combined license if the person satisfies the requirements for a sport 07 fishing operator license under AS 16.40.261 and for a sport fishing guide license under 08 this section and pays the license fee prescribed by AS 16.05.340(a). 09 (c) A person may not provide sport fishing guide services unless the person 10 (1) holds a current sport fishing guide license; and 11 (2) holds a current sport fishing operator license or is an employee of a 12 person who holds a current sport fishing operator license. 13 (d) A sport fishing guide may provide sport fishing guide services only to 14 persons who have engaged the services of the sport fishing operator by whom the 15 sport fishing guide is employed. A sport fishing guide may not contract directly with a 16 person to provide sport fishing guide services to a person unless the sport fishing 17 guide also holds a current sport fishing operator license. 18 (e) While engaged in providing sport fishing guide services, a sport fishing 19 guide shall have readily available for inspection 20 (1) a current sport fishing guide license; 21 (2) the current licenses, tags, and permits that are required to engage in 22 the sport fishery for which the sport fishing guide services are being provided; 23 (3) a driver's license or similar identification card that is issued by a 24 state or federal agency and that bears a photograph of the fishing guide; and 25 (4) proof of 26 (A) employment as a sport fishing guide by a person who holds 27 a current sport fishing operator license; or 28 (B) current licensure as a sport fishing operator. 29 (f) A sport fishing guide may not 30 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 31 regulation adopted under AS 16.05 - AS 16.40 by a client of the sport fishing guide; or
01 (2) permit the commission by a client of the sport fishing guide of a 02 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 03 that the sport fishing guide knows or reasonably believes is being or will be committed 04 without 05 (A) attempting to prevent it, short of using force; and 06 (B) reporting the violation. 07 Sec. 16.40.281. Reports. (a) The department may collect information from 08 sport fishing guides, including 09 (1) the name and license number of each vessel licensed under 10 AS 16.05.490 that is used in providing sport fishing guide services; 11 (2) the amount of fishing effort, catch, and harvest by clients of a sport 12 fishing guide; 13 (3) the locations fished during the provision of sport fishing guide 14 services; and 15 (4) other information that the department or board requires by 16 regulation. 17 (b) A person who holds a license issued under AS 16.40.261 or 16.40.271 shall 18 comply with the reporting requirements in this section and reporting requirements 19 adopted in regulation by the department or board. The department and the board may 20 adopt by regulation requirements for timely submission of reports required under this 21 section or under regulations adopted by the department or board. 22 (c) A person who is required to complete reports under this section may not 23 provide false information or omit material facts in a report. 24 (d) A person who is required to complete reports under this section may not be 25 issued a new license under AS 16.40.261 or 16.40.271 unless the department has 26 received all reports required under this section for the preceding year. 27 (e) Information collected under this section is confidential to the extent 28 provided under AS 16.05.815. 29 (f) The department or board may adopt regulations under AS 44.62 30 (Administrative Procedure Act) that it considers necessary to implement this section. 31 Sec. 16.40.291. Penalty. (a) Except as provided in (b) and (c) of this section, a
01 person who knowingly violates AS 16.40.261 - 16.40.300 or a regulation adopted 02 under AS 16.40.261 - 16.40.300 is guilty of a class A misdemeanor. However, this 03 subsection does not apply to the failure to hold a current business license under 04 AS 16.40.261(a)(1) as required under AS 43.70. 05 (b) A person who, without any culpable mental state, violates AS 16.40.271(e) 06 is guilty of a violation. 07 (c) A person who knowingly violates AS 16.40.271(e) or who knowingly fails 08 to comply with a requirement for timely submission of reports required by a regulation 09 adopted under AS 16.40.281(b) is, for a 10 (1) first offense in a three-year period, guilty of a violation; and 11 (2) second or subsequent offense in a three-year period, guilty of a class 12 B misdemeanor. 13 (d) In addition to any other penalty provided by law, a court may revoke the 14 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 15 section. 16 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 17 Sec. 16.40.300. Definitions. In AS 16.40.261 - 16.40.300, 18 (1) "sport fishing guide" means a person who is licensed to provide 19 sport fishing guide services to persons who are engaged in sport fishing; 20 (2) "sport fishing guide services" means assistance, for compensation 21 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 22 take fish by accompanying or physically directing the sport fisherman in sport fishing 23 activities during any part of a sport fishing trip; "sport fishing guide services" does not 24 include 25 (A) sport fishing services; or 26 (B) services provided by an assistant, deckhand, or similar 27 person who works directly under the supervision of and on the same vessel as a 28 sport fishing guide; 29 (3) "sport fishing services" means the indirect provision of assistance, 30 for compensation or with the intent to receive compensation, to a person engaged in 31 sport fishing in taking or attempting to take fish or shellfish by a business that
01 employs a sport fishing guide to provide sport fishing guide services to the person 02 during any portion of a sport fishing trip; "sport fishing services" does not include 03 (A) an activity for which a sport fishing guide license is 04 required; or 05 (B) booking and other ancillary services provided by a tour 06 broker or agent to a sport fishing services operator. 07 * Sec. 7. AS 25.27.244(s)(2) is amended to read: 08 (2) "license" 09 (A) means, except as provided in (B) of this paragraph, a 10 license, certificate, permit, registration, or other authorization that, at the time 11 of issuance, will be valid for more than 150 days and that may be acquired 12 from a state agency to perform an occupation, including the following: 13 (i) license relating to boxing or wrestling under 14 AS 05.10; 15 (ii) authorization to perform an occupation regulated 16 under AS 08; 17 (iii) teacher certificate under AS 14.20; 18 (iv) authorization under AS 18.08 to perform emergency 19 medical services; 20 (v) asbestos worker certification under AS 18.31; 21 (vi) boiler operator's license under AS 18.60.395; 22 (vii) certificate of fitness under AS 18.62; 23 (viii) hazardous painting certification under AS 18.63; 24 (ix) security guard license under AS 18.65.400 - 25 18.65.490; 26 (x) license relating to insurance under AS 21.27; 27 (xi) employment agency permit under AS 23.15.330 - 28 23.15.520; 29 (xii) registration as a broker-dealer, an agent, a state 30 investment adviser, or an investment adviser representative under 31 AS 45.55.030;
01 (xiii) certification as a pesticide applicator under 02 AS 46.03.320; 03 (xiv) certification as a storage tank worker or contractor 04 under AS 46.03.375; 05 (xv) certification as a water and wastewater works 06 operator under AS 46.30; 07 (xvi) commercial crewmember fishing license under 08 AS 16.05.480 other than an entry permit or interim-use permit under 09 AS 16.43; 10 (xvii) fish transporter permit under AS 16.05.671; 11 (xviii) sport fishing operator license under 12 AS 16.40.261; 13 (xix) sport fishing guide license under AS 16.40.271; 14 [REPEALED 15 (xix) REPEALED] 16 (B) does not include 17 (i) a vessel license issued under AS 16.05.490 or 18 16.05.530; 19 (ii) [REPEALED 20 (iii)] a business license issued under AS 43.70; 21 (iii) [(iv)] an entry permit or interim-use permit issued 22 under AS 16.43; or 23 (iv) [(v)] a driver's license issued under AS 28.15; 24 * Sec. 8. AS 41.21.506(b) is amended to read: 25 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 26 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 27 and to implement the plan adopted under (a) of this section. The regulations must 28 (1) designate incompatible uses and prohibit or restrict them; and 29 (2) establish a registration, licensing, or comparable procedure for 30 professional fishing guides and such additional fishing guide controls as the 31 commissioner considers necessary; notwithstanding the requirements established
01 by the commissioner to implement this paragraph, the commissioner shall 02 establish a procedure by which the holder of a valid sport fishing operator license 03 issued under AS 16.40.261 may petition for, and the director of the division of 04 parks, or the director's designee, shall expeditiously issue, a waiver to allow the 05 sport fishing operator license holder to use the services in the Kenai River Special 06 Management Area of a guide licensed under AS 16.40.271 who has not completed 07 the procedures and additional controls that are required by the department 08 under this paragraph; the waiver authorized in this paragraph applies only for 09 the duration of the sport fishing season during which the waiver application is 10 submitted and only if the sport fishing operator license holder 11 (A) employing the licensed guide has lost the services of a 12 licensed guide because of unforeseen circumstances; and 13 (B) is unable to hire as a replacement an available licensed 14 guide who has satisfied all the requirements of this paragraph, including 15 those required by regulation. 16 * Sec. 9. AS 41.21.506(b), as amended by sec. 8 of this Act, is amended to read: 17 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 18 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 19 and to implement the plan adopted under (a) of this section. The regulations must 20 (1) designate incompatible uses and prohibit or restrict them; and 21 (2) establish a registration, licensing, or comparable procedure for 22 professional fishing guides and such additional fishing guide controls as the 23 commissioner considers necessary [; NOTWITHSTANDING THE 24 REQUIREMENTS ESTABLISHED BY THE COMMISSIONER TO IMPLEMENT 25 THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH A 26 PROCEDURE BY WHICH THE HOLDER OF A VALID SPORT FISHING 27 OPERATOR LICENSE ISSUED UNDER AS 16.40.261 MAY PETITION FOR, 28 AND THE DIRECTOR OF THE DIVISION OF PARKS, OR THE DIRECTOR'S 29 DESIGNEE, SHALL EXPEDITIOUSLY ISSUE, A WAIVER TO ALLOW THE 30 SPORT FISHING OPERATOR LICENSE HOLDER TO USE THE SERVICES IN 31 THE KENAI RIVER SPECIAL MANAGEMENT AREA OF A GUIDE LICENSED
01 UNDER AS 16.40.271 WHO HAS NOT COMPLETED THE PROCEDURES AND 02 ADDITIONAL CONTROLS THAT ARE REQUIRED BY THE DEPARTMENT 03 UNDER THIS PARAGRAPH; THE WAIVER AUTHORIZED IN THIS 04 PARAGRAPH APPLIES ONLY FOR THE DURATION OF THE SPORT FISHING 05 SEASON DURING WHICH THE WAIVER APPLICATION IS SUBMITTED AND 06 ONLY IF THE SPORT FISHING OPERATOR LICENSE HOLDER 07 (A) EMPLOYING THE LICENSED GUIDE HAS LOST THE 08 SERVICES OF A LICENSED GUIDE BECAUSE OF UNFORESEEN 09 CIRCUMSTANCES; AND 10 (B) IS UNABLE TO HIRE AS A REPLACEMENT AN 11 AVAILABLE LICENSED GUIDE WHO HAS SATISFIED ALL THE 12 REQUIREMENTS OF THIS PARAGRAPH, INCLUDING THOSE 13 REQUIRED BY REGULATION]. 14 * Sec. 10. AS 16.05.340(a)(27); AS 16.40.261, 16.40.271, 16.40.281, 16.40.291, 16.40.300; 15 AS 25.27.244(s)(2)(A)(xviii), and 25.27.244(s)(2)(A)(xix) are repealed. 16 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REGULATIONS. Notwithstanding AS 44.62.190, the Department of Fish and Game 19 may use and enforce regulations previously adopted to administer former AS 16.40.260 - 20 16.40.299 to the extent those regulations do not conflict with the provisions of this Act. The 21 Department of Fish and Game shall update and readopt those regulations in accordance with 22 AS 44.62 (Administrative Procedure Act) to conform to the provisions of this Act. The 23 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 24 effective date of the law implemented by the regulation. 25 * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c). 26 * Sec. 13. Section 2 of this Act takes effect January 1, 2017. 27 * Sec. 14. Section 3 of this Act takes effect January 1, 2018. 28 * Sec. 15. Sections 5, 9, and 10 of this Act take effect January 1, 2026. 29 * Sec. 16. Except as provided in secs. 12 - 15 of this Act, this Act takes effect January 1, 30 2016.