CSHB 41(FIN) am: "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(FIN) am 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 ...................................... 200 07 (B) Sport fishing guide license ........................................... 100 08 (C) Sport fishing operator and sport fishing guide combined 09 license ..................................................................................................... 10 * Sec. 2. AS 16.05.395 is amended to read: 11 Sec. 16.05.395. Sport fishing vessel registration. A [FOR CALENDAR 12 YEAR 2005 AND SUBSEQUENT CALENDAR YEARS, A] person may not use a 13 vessel to provide sport fishing services under AS 16.40.261 - 16.40.300 [AS 16.40.260 14 - 16.40.299] unless the vessel is registered with the department and proof of
01 registration is attached to and clearly visible on the vessel while the vessel is used to 02 provide sport fishing services. The department shall register vessels used to provide 03 sport fishing services, and provide proof of registration, without charge. The 04 department may adopt regulations as the department finds necessary to implement this 05 section. 06 * Sec. 3. AS 16.05.395, as amended by sec. 2 of this Act, is amended to read: 07 Sec. 16.05.395. Sport fishing vessel registration. A person may not use a 08 vessel to provide sport fishing services [UNDER AS 16.40.261 - 16.40.300] unless the 09 vessel is registered with the department and proof of registration is attached to and 10 clearly visible on the vessel while the vessel is used to provide sport fishing services. 11 The department shall register vessels used to provide sport fishing services, and 12 provide proof of registration, without charge. The department may adopt regulations 13 as the department finds necessary to implement this section. 14 * Sec. 4. AS 16.40 is amended by adding new sections to read: 15 Sec. 16.40.261. Sport fishing operator license. (a) The department shall issue 16 an annual sport fishing operator license to a person who 17 (1) holds a current business license under AS 43.70 to provide services 18 to sport fishermen; 19 (2) presents proof satisfactory to the department of a general liability 20 insurance policy or marine protection and indemnity insurance policy, covering the 21 services provided by the person and the person's employees to sport fishermen, that 22 provides coverage of at least $100,000 for each incident, and $300,000 for all 23 incidents in a year; 24 (3) pays the license fee prescribed by AS 16.05.340(a); and 25 (4) satisfies all additional requirements adopted in regulation by the 26 Board of Fisheries. 27 (b) A person may not provide sport fishing services unless the person holds a 28 current sport fishing operator license and has current insurance coverage as required in 29 (a)(2) of this section. 30 (c) A person who holds a current sport fishing operator license may contract to 31 provide sport fishing guide services to a sport fisherman through an employee who
01 holds a current sport fishing guide license under AS 16.40.271. 02 (d) A person who holds a current sport fishing operator license may not 03 directly provide sport fishing guide services to a sport fisherman unless the person also 04 holds a current sport fishing guide license under AS 16.40.271(b). 05 (e) A person who holds a sport fishing operator license may not aid in the 06 commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under 07 AS 16.05 - AS 16.40, including regulations relating to the proper method to release 08 fish, by a sport fishing guide who is employed by the person or by a sport fisherman 09 who is a client of the person. 10 Sec. 16.40.271. Sport fishing guide license. (a) A natural person may obtain 11 an annual sport fishing guide license if the person 12 (1) is a citizen of the United States, Canada, or Mexico, or is a resident 13 alien; 14 (2) is certified in first aid by the American Red Cross or a similar 15 organization; 16 (3) holds a current sport fishing license from the state; 17 (4) pays the license fee prescribed by AS 16.05.340(a); and 18 (5) satisfies all additional requirements adopted in regulation by the 19 Board of Fisheries. 20 (b) A natural person may obtain an annual sport fishing operator and sport 21 fishing guide combined license if the person satisfies the requirements for a sport 22 fishing operator license under AS 16.40.261 and for a sport fishing guide license under 23 this section and pays the license fee prescribed by AS 16.05.340(a). 24 (c) A person may not provide sport fishing guide services unless the person 25 (1) holds a current sport fishing guide license; and 26 (2) holds a current sport fishing operator license or is an employee of a 27 person who holds a current sport fishing operator license. 28 (d) A sport fishing guide may provide sport fishing guide services only to 29 persons who have engaged the services of the sport fishing operator by whom the 30 sport fishing guide is employed. A sport fishing guide may not contract directly with a 31 person to provide sport fishing guide services to a person unless the sport fishing
01 guide also holds a current sport fishing operator license. 02 (e) While engaged in providing sport fishing guide services, a sport fishing 03 guide shall have readily available for inspection 04 (1) a current sport fishing guide license; 05 (2) the current licenses, tags, and permits that are required to engage in 06 the sport fishery for which the sport fishing guide services are being provided; 07 (3) a driver's license or similar identification card that is issued by a 08 state or federal agency and that bears a photograph of the fishing guide; and 09 (4) proof of 10 (A) employment as a sport fishing guide by a person who holds 11 a current sport fishing operator license; or 12 (B) current licensure as a sport fishing operator. 13 (f) A sport fishing guide may not 14 (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a 15 regulation adopted under AS 16.05 - AS 16.40 by a client of the sport fishing guide; or 16 (2) permit the commission by a client of the sport fishing guide of a 17 violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 18 that the sport fishing guide knows or reasonably believes is being or will be committed 19 without 20 (A) attempting to prevent it, short of using force; and 21 (B) reporting the violation. 22 Sec. 16.40.281. Reports. (a) The department may collect information from 23 sport fishing guides, including 24 (1) the name and license number of each vessel licensed under 25 AS 16.05.490 that is used in providing sport fishing guide services; 26 (2) the amount of fishing effort, catch, and harvest by clients of a sport 27 fishing guide; 28 (3) the locations fished during the provision of sport fishing guide 29 services; and 30 (4) other information that the department or board requires by 31 regulation.
01 (b) A person who holds a license issued under AS 16.40.261 or 16.40.271 02 shall comply with the reporting requirements in this section and reporting 03 requirements adopted in regulation by the department or board. The department and 04 the board may adopt by regulation requirements for timely submission of reports 05 required under this section or under regulations adopted by the department or board. 06 (c) A person who is required to complete reports under this section may not 07 provide false information or omit material facts in a report. 08 (d) A person who is required to complete reports under this section may not be 09 issued a new license under AS 16.40.261 or 16.40.271 unless the department has 10 received all reports required under this section for the preceding year. 11 (e) Information collected under this section is confidential to the extent 12 provided under AS 16.05.815. 13 (f) The department or board may adopt regulations under AS 44.62 14 (Administrative Procedure Act) that it considers necessary to implement this section. 15 Sec. 16.40.291. Penalty. (a) Except as provided in (b) and (c) of this section, a 16 person who knowingly violates AS 16.40.261 - 16.40.300 or a regulation adopted 17 under AS 16.40.261 - 16.40.300 is guilty of a class A misdemeanor. However, this 18 subsection does not apply to the failure to hold a current business license under 19 AS 16.40.261(a)(1) as required under AS 43.70. 20 (b) A person who, without any culpable mental state, violates AS 16.40.271(e) 21 is guilty of a violation. 22 (c) A person who knowingly violates AS 16.40.271(e) or who knowingly fails 23 to comply with a requirement for timely submission of reports required by a regulation 24 adopted under AS 16.40.281(b) is, for a 25 (1) first offense in a three-year period, guilty of a violation; and 26 (2) second or subsequent offense in a three-year period, guilty of a 27 class B misdemeanor. 28 (d) In addition to any other penalty provided by law, a court may revoke the 29 sport fishing guide license of a person who is convicted under (a) or (c)(2) of this 30 section. 31 (e) In this section, "knowingly" has the meaning given in AS 11.81.900(a).
01 Sec. 16.40.300. Definitions. In AS 16.40.261 - 16.40.300, 02 (1) "sport fishing guide" means a person who is licensed to provide 03 sport fishing guide services to persons who are engaged in sport fishing; 04 (2) "sport fishing guide services" means assistance, for compensation 05 or with the intent to receive compensation, to a sport fisherman to take or to attempt to 06 take fish by accompanying or physically directing the sport fisherman in sport fishing 07 activities during any part of a sport fishing trip; "sport fishing guide services" does not 08 include 09 (A) sport fishing services; or 10 (B) services provided by an assistant, deckhand, or similar 11 person who works directly under the supervision of and on the same vessel as a 12 sport fishing guide; 13 (3) "sport fishing services" means the indirect provision of assistance, 14 for compensation or with the intent to receive compensation, to a person engaged in 15 sport fishing in taking or attempting to take fish or shellfish by a business that 16 employs a sport fishing guide to provide sport fishing guide services to the person 17 during any portion of a sport fishing trip; "sport fishing services" does not include 18 (A) an activity for which a sport fishing guide license is 19 required; or 20 (B) booking and other ancillary services provided by a tour 21 broker or agent to a sport fishing services operator. 22 * Sec. 5. AS 25.27.244(s)(2) is amended to read: 23 (2) "license" 24 (A) means, except as provided in (B) of this paragraph, a 25 license, certificate, permit, registration, or other authorization that, at the time 26 of issuance, will be valid for more than 150 days and that may be acquired 27 from a state agency to perform an occupation, including the following: 28 (i) license relating to boxing or wrestling under 29 AS 05.10; 30 (ii) authorization to perform an occupation regulated 31 under AS 08;
01 (iii) teacher certificate under AS 14.20; 02 (iv) authorization under AS 18.08 to perform 03 emergency medical services; 04 (v) asbestos worker certification under AS 18.31; 05 (vi) boiler operator's license under AS 18.60.395; 06 (vii) certificate of fitness under AS 18.62; 07 (viii) hazardous painting certification under AS 18.63; 08 (ix) security guard license under AS 18.65.400 - 09 18.65.490; 10 (x) license relating to insurance under AS 21.27; 11 (xi) employment agency permit under AS 23.15.330 - 12 23.15.520; 13 (xii) registration as a broker-dealer, an agent, a state 14 investment adviser, or an investment adviser representative under 15 AS 45.55.030; 16 (xiii) certification as a pesticide applicator under 17 AS 46.03.320; 18 (xiv) certification as a storage tank worker or contractor 19 under AS 46.03.375; 20 (xv) certification as a water and wastewater works 21 operator under AS 46.30; 22 (xvi) commercial crewmember fishing license under 23 AS 16.05.480 other than an entry permit or interim-use permit under 24 AS 16.43; 25 (xvii) fish transporter permit under AS 16.05.671; 26 (xviii) sport fishing operator license under 27 AS 16.40.261; 28 (xix) sport fishing guide license under AS 16.40.271; 29 [REPEALED 30 (xix) REPEALED] 31 (B) does not include
01 (i) a vessel license issued under AS 16.05.490 or 02 16.05.530; 03 (ii) [REPEALED 04 (iii)] a business license issued under AS 43.70; 05 (iii) [(iv)] an entry permit or interim-use permit issued 06 under AS 16.43; or 07 (iv) [(v)] a driver's license issued under AS 28.15; 08 * Sec. 6. AS 41.21.506(b) is amended to read: 09 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 10 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 11 and to implement the plan adopted under (a) of this section. The regulations must 12 (1) designate incompatible uses and prohibit or restrict them; and 13 (2) establish a registration, licensing, or comparable procedure for 14 professional fishing guides and such additional fishing guide controls as the 15 commissioner considers necessary; notwithstanding the requirements established 16 by the commissioner to implement this paragraph, the commissioner shall 17 establish a procedure by which the holder of a valid sport fishing operator license 18 issued under AS 16.40.261 may petition for, and the director of the division of 19 parks, or the director's designee, shall expeditiously issue, a waiver to allow the 20 sport fishing operator license holder to use the services in the Kenai River Special 21 Management Area of a guide licensed under AS 16.40.271 who has not completed 22 the procedures and additional controls that are required by the department 23 under this paragraph; the waiver authorized in this paragraph applies only for 24 the duration of the sport fishing season during which the waiver application is 25 submitted and only if the sport fishing operator license holder 26 (A) employing the licensed guide has lost the services of a 27 licensed guide because of unforeseen circumstances; and 28 (B) is unable to hire as a replacement an available licensed 29 guide who has satisfied all the requirements of this paragraph, including 30 those required by regulation. 31 * Sec. 7. AS 41.21.506(b), as amended by sec. 6 of this Act, is amended to read:
01 (b) The commissioner shall adopt regulations under AS 44.62 (Administrative 02 Procedure Act) that are necessary to achieve the purposes of AS 41.21.500 - 41.21.514 03 and to implement the plan adopted under (a) of this section. The regulations must 04 (1) designate incompatible uses and prohibit or restrict them; and 05 (2) establish a registration, licensing, or comparable procedure for 06 professional fishing guides and such additional fishing guide controls as the 07 commissioner considers necessary [; NOTWITHSTANDING THE 08 REQUIREMENTS ESTABLISHED BY THE COMMISSIONER TO IMPLEMENT 09 THIS PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH A 10 PROCEDURE BY WHICH THE HOLDER OF A VALID SPORT FISHING 11 OPERATOR LICENSE ISSUED UNDER AS 16.40.261 MAY PETITION FOR, 12 AND THE DIRECTOR OF THE DIVISION OF PARKS, OR THE DIRECTOR'S 13 DESIGNEE, SHALL EXPEDITIOUSLY ISSUE, A WAIVER TO ALLOW THE 14 SPORT FISHING OPERATOR LICENSE HOLDER TO USE THE SERVICES IN 15 THE KENAI RIVER SPECIAL MANAGEMENT AREA OF A GUIDE LICENSED 16 UNDER AS 16.40.271 WHO HAS NOT COMPLETED THE PROCEDURES AND 17 ADDITIONAL CONTROLS THAT ARE REQUIRED BY THE DEPARTMENT 18 UNDER THIS PARAGRAPH; THE WAIVER AUTHORIZED IN THIS 19 PARAGRAPH APPLIES ONLY FOR THE DURATION OF THE SPORT FISHING 20 SEASON DURING WHICH THE WAIVER APPLICATION IS SUBMITTED AND 21 ONLY IF THE SPORT FISHING OPERATOR LICENSE HOLDER 22 (A) EMPLOYING THE LICENSED GUIDE HAS LOST THE 23 SERVICES OF A LICENSED GUIDE BECAUSE OF UNFORESEEN 24 CIRCUMSTANCES; AND 25 (B) IS UNABLE TO HIRE AS A REPLACEMENT AN 26 AVAILABLE LICENSED GUIDE WHO HAS SATISFIED ALL THE 27 REQUIREMENTS OF THIS PARAGRAPH, INCLUDING THOSE 28 REQUIRED BY REGULATION]. 29 * Sec. 8. AS 16.05.340(a)(27); AS 16.40.261, 16.40.271, 16.40.281, 16.40.291, 16.40.300; 30 AS 25.27.244(s)(2)(A)(xviii), and 25.27.244(s)(2)(A)(xix) are repealed. 31 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 REGULATIONS. Notwithstanding AS 44.62.190, the Department of Fish and Game 03 may use and enforce regulations previously adopted to administer former AS 16.40.260 - 04 16.40.299 to the extent those regulations do not conflict with the provisions of this Act. The 05 Department of Fish and Game shall update and readopt those regulations in accordance with 06 AS 44.62 (Administrative Procedure Act) to conform to the provisions of this Act. The 07 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 08 effective date of the law implemented by the regulation. 09 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 11. Sections 3, 7, and 8 of this Act take effect January 1, 2021. 11 * Sec. 12. Except as provided in secs. 10 and 11 of this Act, this Act takes effect January 1, 12 2016.