SSSB 253: "An Act establishing a big game guide concession area permit program on land in the state; relating to the duties of the Big Game Commercial Services Board, the Board of Game, the Department of Fish and Game, and the Department of Natural Resources; requiring the Board of Game to establish an initial big game guide concession area; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 253 01 "An Act establishing a big game guide concession area permit program on land in the 02 state; relating to the duties of the Big Game Commercial Services Board, the Board of 03 Game, the Department of Fish and Game, and the Department of Natural Resources; 04 requiring the Board of Game to establish an initial big game guide concession area; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.54.600(a) is amended to read: 08 (a) The board shall 09 (1) prepare and grade 10 (A) a qualification examination for a registered guide-outfitter 11 license that requires demonstration that the applicant is qualified generally to 12 provide guided and outfitted hunts and, in particular, possesses knowledge of 13 fishing, hunting, and guiding laws and regulations; and
01 (B) a certification examination for each game management unit 02 in which the registered guide-outfitter intends to provide big game hunting 03 services; the examination must require demonstration that the registered guide- 04 outfitter is qualified to provide guided and outfitted hunts in the game 05 management unit for which the registered guide-outfitter seeks to be certified 06 and, in particular, must require demonstration that the registered guide-outfitter 07 possesses knowledge of the terrain, transportation problems, game, and other 08 characteristics of the game management unit; 09 (2) authorize the issuance of registered guide-outfitter, master guide- 10 outfitter, class-A assistant guide, assistant guide, and transporter licenses after the 11 applicant for the license satisfies the requirements for the license; 12 (3) impose appropriate disciplinary sanctions on a licensee under 13 AS 08.54.600 - 08.54.790; 14 (4) require an applicant for issuance or renewal of any class of guide 15 license or of a transporter license to state in a written and signed document whether 16 the applicant's right to obtain, or exercise the privileges granted by, a hunting, guiding, 17 outfitting, or transportation services license is revoked or suspended in this state or 18 another state or in Canada; 19 (5) regularly disseminate information regarding examinations and 20 other qualifications for all classes of guide licenses to residents of the rural areas of the 21 state; 22 (6) adopt procedural and substantive regulations required by this 23 chapter; 24 (7) provide for administration of examinations for registered guide- 25 outfitters at least twice a year; 26 (8) meet at least twice annually; 27 (9) coordinate and consult with the Board of Game and the 28 Department of Natural Resources to fulfill the duties of each under AS 16.05.262 29 and AS 38.05.022. 30 * Sec. 2. AS 16.05 is amended by adding a new section to read: 31 Sec. 16.05.262. Establishment of big game guide concession areas. (a) The
01 Board of Game shall consider and approve or disapprove a proposal to establish a big 02 game guide concession area that would be administered by the Department of Natural 03 Resources under AS 38.05.022 in a single game management unit or subunit. The 04 board may only establish a big game guide concession area by approving a proposal 05 submitted under this section to do so. A big game guide may conduct a hunt in a 06 concession area established under this section only if the guide holds a big game guide 07 concession area permit issued under AS 38.05.022. 08 (b) A person may submit a proposal to the Board of Game for the 09 establishment of a big game guide concession area. After providing 15 days' public 10 notice, the board may consider the proposal at the board's next regular meeting in the 11 region where the big game guide concession area is proposed. 12 (c) After taking public comment, the Board of Game, in consultation with the 13 Department of Fish and Game, the Department of Natural Resources, and the Big 14 Game Commercial Services Board established under AS 08.54.591, may approve a 15 proposal to establish a big game guide concession area if the board determines that 16 establishing the area 17 (1) supports the conservation and management of the state's land and 18 big game resources; 19 (2) aids in the enforcement of state statutes and regulations relating to 20 guided hunts for big game; and 21 (3) is in the public interest. 22 (d) If the Board of Game approves the establishment of a big game guide 23 concession area under this section, the board shall determine the number of full big 24 game guide concession area permits and limited big game guide concession area 25 permits that the Department of Natural Resources shall make available under 26 AS 38.05.022. To determine the number of full big game guide concession area 27 permits and limited big game guide concession area permits that should be issued for a 28 big game guide concession area and the specific authorizations that should attach to 29 each concession permit authorized for the area, the Board of Game 30 (1) may establish advisory boards composed of representatives of the 31 state departments and boards listed in (c) of this section who are familiar with the area
01 and interested members of the public to assist the board in making the determination; 02 (2) may not 03 (A) combine more than three existing guide use areas into a 04 single big game guide concession area; 05 (B) establish more than one big game guide concession area in 06 what was a single guide use area. 07 (e) In this section, 08 (1) "full big game guide concession area permit" has the meaning 09 given in AS 38.05.022(i); 10 (2) "game management unit" has the meaning given in AS 08.54.790; 11 (3) "guide use area" has the meaning given in AS 08.54.750(g); 12 (4) "limited big game guide concession area permit" has the meaning 13 given in AS 38.05.022(i). 14 * Sec. 3. AS 38.05 is amended by adding a new section to read: 15 Sec. 38.05.022. Big game guide concession area permit program. (a) The 16 commissioner shall implement a big game guide concession area permit program to 17 limit the number of individuals authorized to conduct big game guiding on land in the 18 state where the Board of Game has approved the establishment of a big game guide 19 concession area under AS 16.05.262. 20 (b) The commissioner shall administer the big game guide concession area 21 permit program to 22 (1) encourage conservation of the state's land and wildlife resources; 23 (2) provide a superior hunting experience to individuals who retain big 24 game guiding services by limiting the number of guided hunts occurring in the same 25 area; 26 (3) reduce user conflicts between big game guides and between big 27 game guides and other users of land in the state; 28 (4) ensure a responsible, professional, and economically healthy big 29 game guide guiding industry in the state; and 30 (5) incentivize long-term planning and the conservation of natural 31 resources by big game guides.
01 (c) The department shall issue full big game guide concession area and limited 02 big game guide concession area permits for a big game guide concession area 03 established by the Board of Game under AS 16.05.262 in an open, public, and 04 competitive process. A big game guide may not hold more than three concession 05 permits at a time and is subject to the requirements of AS 08.54.750. A concession 06 permit issued under this subsection is valid for 10 years from the date issued. A 07 concession permit issued under this subsection may not be extended or renewed 08 without the same open and competitive process provided by the department for the 09 issuance of a concession permit under this subsection. 10 (d) The commissioner, in consultation with the Big Game Commercial 11 Services Board established under AS 08.54.591, the Board of Game, and the 12 Department of Fish and Game, shall adopt regulations necessary to establish and 13 administer the big game guide concession area permit program, including regulations 14 relating to 15 (1) the qualifications for a full big game guide concession area permit 16 or a limited big game guide concession area permit; 17 (2) the process for issuing full big game guide concession area permits 18 and limited big game guide concession area permits and the scope and authorizations 19 provided by each permit; 20 (3) the determination and collection of reasonable concession permit 21 fees; in determining reasonable concession permit fees, the commissioner shall 22 consider the following: 23 (A) fees paid by big game guides holding similar concession 24 permits in other jurisdictions; 25 (B) the number and type of concession permits issued for a big 26 game guide concession area; 27 (C) reducing fees based on a concession permit holder's 28 promotion of and adherence to the principles listed in (b) of this section. 29 (e) Subject to the approval of the commissioner, a big game guide who holds a 30 concession permit under this section may, during the term of the permit, transfer the 31 concession permit to another individual qualified under regulations adopted under this
01 section. In approving or disapproving the transfer of a permit, the commissioner shall 02 consider the circumstances of the proposed transfer and whether the transfer will 03 promote the principles listed in (b) of this section. 04 (f) The commissioner, in consultation with the Big Game Commercial 05 Services Board established under AS 08.54.591, the Board of Game, and the 06 Department of Fish and Game, may suspend or revoke a concession permit issued 07 under this section. If a permittee violates the terms of a concession permit issued under 08 this section, the commissioner may suspend or revoke the concession permit after 09 providing the permittee with written notice and an opportunity to be heard. 10 (g) The commissioner shall keep confidential information provided by the Big 11 Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any 12 propriety information, confidential commercial information, or confidential financial 13 information used by the department in the course of approving or denying an 14 application for a big game guide concession area permit offered under this section. 15 (h) The commissioner is responsible for administration and enforcement of 16 this section and may delegate that authority as appropriate. The department may issue 17 a citation for a violation of this section or a regulation adopted under this section. 18 (i) In this section, 19 (1) "concession permit" means a permit granting a big game guide the 20 right to conduct commercial big game hunts on land within a geographic area defined 21 by the department; 22 (2) "full big game guide concession area permit" means a concession 23 permit made available by the department through a competitive process that 24 (A) does not limit the number of assistant guides a permit 25 holder may employ in the concession area; 26 (B) limits the number of clients that a permit holder may 27 provide big game guided hunts to in the area and limits the species the permit 28 holder may provide guided hunts for in the concession area; 29 (3) "limited big game guide concession area permit" means a 30 concession permit made available by the department through a random draw 31 application process that
01 (A) limits the number of assistant guides a permit holder may 02 employ in the concession area; 03 (B) provides more restrictive limitations than a full big game 04 guide concession area permit on the number of clients that a permit holder may 05 provide big game guided hunts to in the area and limits the species the permit 06 holder may provide guided hunts for in the concession area. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 INITIAL BIG GAME GUIDE CONCESSION AREA AND PERMIT PROGRAM. 10 (a) Notwithstanding AS 16.05.262, added by sec. 2 of this Act, the Board of Game shall 11 establish the initial big game guide concession area under this section. In establishing the 12 initial concession area under this section, the Board of Game, after taking public comment 13 and in consultation with the Big Game Commercial Services Board established under 14 AS 08.54.591, the Department of Fish and Game, and the Department of Natural Resources, 15 shall identify and select a single game management unit or subunit that the Board of Game 16 determines would benefit most from the establishment of a big game guide concession area 17 permit program under AS 38.05.022, added by sec. 3 of this Act, in consideration of the 18 principles of AS 38.05.022(b), added by sec. 3 of this Act. The Board of Game shall 19 determine the number of full big game guide concession area permits and limited big game 20 guide concession area permits that the Department of Natural Resources shall make available 21 in the initial big game guide concession area established under this section and the specific 22 authorizations that should attach to each concession permit authorized under this subsection 23 for the area using the process provided in AS 16.05.262(d). 24 (b) Notwithstanding the requirement in AS 38.05.022(a) and (c) that the Board of 25 Game approve the establishment of the area under AS 16.05.262, the Department of Natural 26 Resources shall establish and administer a big game guide concession area permit program 27 under AS 38.05.022, added by sec. 3 of this Act, in the game management unit or subunit 28 selected by the Board of Game under (a) of this section. 29 (c) In this section, 30 (1) "concession permit" means a permit granting a big game guide the right to 31 conduct commercial big game hunts on land within the boundaries of the region selected by
01 the Board of Game under (a) of this section; 02 (2) "full big game guide concession area permit" has the meaning given in 03 AS 38.05.022(i); 04 (3) "game management unit" has the meaning given in AS 08.54.790; 05 (4) "limited big game guide concession area permit" has the meaning given in 06 AS 38.05.022(i). 07 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION. Notwithstanding the effective date for AS 16.05.262 in sec. 6 of this 10 Act, the Board of Game may only accept and consider a proposal to establish a big game 11 guide concession area under AS 16.05.262, added by sec. 2 of this Act, if 12 (1) the Board of Game has established the concession area required under sec. 13 4 of this Act; and 14 (2) the Department of Natural Resources has implemented and administered a 15 big game guide concession area program in the concession area established under sec. 4 of 16 this Act for a period of at least three years, notwithstanding the requirement in 17 AS 38.05.022(a) and (c) that the Board of Game approve the establishment of the area under 18 AS 16.05.262. 19 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c)