03/05/2002 01:38 PM Senate L&C

          SB 328-BIG GAME HUNTERS ACCOMPANIED BY GUIDE                                                                      
                                                                                                                                
MR. BILL  STOLTZE, staff  to Senator Halford,  sponsor of  SB 328,                                                              
explained that  SB 328 was introduced  to close a loophole  in the                                                              
1996 guide bill. That loophole allowed  a nonresident assistant to                                                              
be  exempt from  the  requirements  to obtain  the  services of  a                                                              
registered guide of big game species in Alaska.                                                                                 
                                                                                                                                
SENATOR  RICK  HALFORD  said  this  problem  was  brought  to  his                                                              
attention  by a person  from Elfin  Cove. He  explained that  non-                                                              
residents can  get a guide  license because  a guide license  is a                                                              
commercial license,  which is protected by the  commerce clause of                                                              
the U.S. Constitution. A non-resident  is required to have a guide                                                              
to  hunt sheep,  goat, grizzlies  and brown  bear. The  individual                                                              
from Elfin Cove  ran into two non-resident hunters  hunting on the                                                              
outside  [coast]. Both  hunters had assistant  guide licenses  and                                                              
were  guiding  each  other  for no  compensation.  A  loophole  in                                                              
Alaska's  law allows  a non-resident  to be guided  by a  resident                                                              
relative (within the second degree  of kin), or by a guide, but it                                                              
does  not say the  guide must  be employed  by anyone  or paid  by                                                              
anyone. As  a result, the two  hunters held licenses  as assistant                                                              
guides for  a guide who wasn't  contracting and was  not involved.                                                              
SB  328  requires  the  assistant  guide to  be  operating  for  a                                                              
registered guide. He noted that Senator  Elton also discussed this                                                              
problem  with him. Senator  Halford  maintained that  SB 328  is a                                                              
small fix for a very narrow problem.                                                                                            
                                                                                                                                
MR. ARTHUR ANDRES,  testifying from Fairbanks, stated  support for                                                              
SB 328.                                                                                                                         
                                                                                                                                
There being no  further testimony, SENATOR TORGERSON  moved SB 328                                                              
from   committee   with   individual   recommendations   and   its                                                              
accompanying fiscal note.                                                                                                       
                                                                                                                                
CHAIRMAN  STEVENS announced  that  with no  objection, the  motion                                                              
carried.  He then  announced the  next  meeting would  be held  on                                                              
March 14 and adjourned the meeting at 3:10 p.m.