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32-GH1608\B CS FOR HOUSE BILL NO.
32-GH1608\A HOUSE BILL NO.
79(FSH) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES Offered:
79 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
3/3/21 Referred:
2/18/21 Referred:
Finance Sponsor(s):
House Special Committee on Fisheries, Finance A BILL FOR AN ACT ENTITLED "An Act relating to salt water sport fishing operators and salt water sport fishing guides;
HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to sport fishing operators and sport fishing guides;
and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
requiring the Department of Fish and Game to prepare and submit a report;
andproviding for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
(28) Fishing services licenses (A) Sport fishing operator license .....................................
(28) Fishing services licenses (A) Salt water sport fishing operator license .....................
200 (B) Sport fishing guide license ..........................................
400 (B) Salt water sport fishing guide license .........................
100 (C) Sport fishing operator and guide combined license ...
200 (C) Salt water sport fishing operator and guide combined license ........................................................................................................
200.
400.
Sport fishing operator license.
Salt water sport fishing operator license.
(a) The department shall issue an annual sport fishing operator license to a person who (1) holds a current business license under AS 43.70 to provide services to sport fishermen;
(a) The department shall issue an annual salt water sport fishing operator license to a person who (1) holds a current business license under AS 43.70 to provide services to sport fishermen;
HB0079b -1- CSHB 79(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B (2) presents proof satisfactory to the department of a general liability insurance policy or marine protection and indemnity insurance policy, covering the services provided by the person and the person's employees to sport fishermen;
HB0079a -1- HB 79 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A (2) presents proof satisfactory to the department of a general liability insurance policy or marine protection and indemnity insurance policy, covering the services provided by the person and the person's employees to sport fishermen;
(b) A person may not provide sport fishing services unless the person is licensed and insured under (a) of this section.
(b) A person may not provide salt water sport fishing services unless the person is licensed and insured under (a) of this section.
(c) A person licensed under this section may contract to provide sport fishing guide services to a sport fisherman through an employee who holds a current sport fishing guide license under AS 16.40.272.
(c) A person licensed under this section may contract to provide salt water sport fishing guide services to a sport fisherman through an employee who holds a current salt water sport fishing guide license under AS 16.40.272.
(d) A person licensed under this section may not directly provide sport fishing guide services to a sport fisherman unless the person is also licensed as a sport fishing guide or holds a combined operator and guide license under AS 16.40.272.
(d) A person licensed under this section may not directly provide salt water sport fishing guide services to a sport fisherman unless the person is also licensed as a salt water sport fishing guide or a guide and operator under AS 16.40.272.
(e) A person licensed as a sport fishing operator may not aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40, including regulations relating to the proper method to release fish, by a sport fishing guide who is employed by the person or by a sport fisherman who is a client of the person.
(e) A person licensed as a salt water sport fishing operator may not aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40, including regulations relating to the proper method to release fish, by a salt water sport fishing guide who is employed by the person or by a sport fisherman who is a client of the person.
(f) In this section, "sport fishing services" means the indirect provision of assistance, for compensation or with the intent to receive compensation, to a person engaged in sport fishing in taking or attempting to take fish or shellfish by a business that employs a sport fishing guide to provide sport fishing guide services to the person during any portion of a sport fishing trip;
(f) In this section, "salt water sport fishing services" means the indirect provision of assistance, for compensation or with the intent to receive compensation, to a person engaged in sport fishing in salt water in taking or attempting to take fish or shellfish by a business that employs a salt water sport fishing guide to provide salt water sport fishing guide services to the person during any portion of a sport fishing trip on salt water;
"sport fishing services" does not include (1) an activity for which a sport fishing guide license is required;
"salt water sport fishing services" does not include (1) an activity for which a salt water sport fishing guide license is required;
or (2) booking and other ancillary services provided by a tour broker or agent to a sport fishing operator.
or (2) booking and other ancillary services provided by a tour broker or agent to a salt water sport fishing operator.
Sec.
HB 79 -2- HB0079a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A Sec.
Sport fishing guide license;
Salt water sport fishing guide license;
(a) A natural person may obtain an annual sport fishing guide license if the CSHB 79(FSH) -2- HB0079b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B person (1) is a citizen of the United States, Canada, or Mexico, or is a resident alien;
(a) A natural person may obtain an annual salt water sport fishing guide license if the person (1) is a citizen of the United States, Canada, or Mexico, or is a resident alien;
(b) A natural person may obtain an annual sport fishing operator and guide combined license if the person satisfies the requirements for a sport fishing operator license under AS 16.40.262 and for a license under this section and pays the license fee prescribed by AS 16.05.340(a).
(b) A natural person may obtain an annual salt water sport fishing operator and guide combined license if the person satisfies the requirements for a salt water sport fishing operator license under AS 16.40.262 and for a license under this section and pays the license fee prescribed by AS 16.05.340(a).
(c) A person may not provide sport fishing guide services unless the person (1) holds a current sport fishing guide license under (a) or (b) of this section;
(c) A person may not provide salt water sport fishing guide services unless the person (1) holds a current salt water sport fishing guide license under (a) or (b) of this section;
and (2) holds, or is an employee of a person who holds, a current sport fishing operator license under AS 16.40.262 or (b) of this section.
and (2) holds, or is an employee of a person who holds, a current salt water sport fishing operator license under AS 16.40.262 or (b) of this section.
(d) A sport fishing guide may provide sport fishing guide services only to persons who have engaged the services of the sport fishing operator who employs the sport fishing guide.
(d) A salt water sport fishing guide may provide salt water sport fishing guide services only to persons who have engaged the services of the salt water sport fishing operator who employs the salt water sport fishing guide.
A sport fishing guide may not contract directly with a person to provide sport fishing guide services unless the guide also holds a current sport fishing operator license.
A salt water sport fishing guide may not contract directly with a person to provide salt water sport fishing guide services unless the guide also holds a current salt water sport fishing operator license.
(e) While providing sport fishing guide services, a guide shall have readily available for inspection (1) a current license issued under AS 16.05.340(a)(28)(B) or (C);
(e) While providing salt water sport fishing guide services, a guide shall have readily available for inspection (1) a current license issued under AS 16.05.340(a)(28)(B) or (C);
(2) the current licenses, tags, and permits required to engage in the sport fishery for which the sport fishing guide is providing services;
(2) the current licenses, tags, and permits required to engage in the sport fishery for which the salt water sport fishing guide is providing services;
(3) a driver's license or valid government-issued photographic identification card;
HB0079a -3- HB 79 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A (3) a driver's license or valid government-issued photographic identification card;
and (4) proof of HB0079b -3- CSHB 79(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B (A) employment as a sport fishing guide by a person who holds a current license under AS 16.05.340(a)(28)(A) or (C);
and (4) proof of (A) employment as a salt water sport fishing guide by a person who holds a current license under AS 16.05.340(a)(28)(A) or (C);
(f) A sport fishing guide may not (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a client of the guide;
(f) A salt water sport fishing guide may not (1) aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a client of the guide;
(a) The department may collect information from salt water sport fishing guides, including (1) the name and license number of each vessel licensed under AS 16.05.490 that is used in providing salt water sport fishing guide services;
(a) The department may collect information from sport fishing guides, including (1) the name and license number of each vessel licensed under AS 16.05.490 that is used in providing sport fishing guide services;
(2) the amount of fishing effort, catch, and harvest by clients of a salt water sport fishing guide;
(2) the amount of fishing effort, catch, and harvest by clients of a sport fishing guide;
(3) the locations fished during the provision of salt water sport fishing guide services;
(3) the locations fished during the provision of sport fishing guide services;
(d) A person who is required to complete reports under this section may not be issued a new license under AS 16.40.262 or 16.40.272 unless the department has received all reports required under this section for the preceding year.
(d) A person who is required to complete reports under this section may not be issued a new license under AS 16.40.262 or 16.40.272 unless the department has HB 79 -4- HB0079a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A received all reports required under this section for the preceding year.
CSHB 79(FSH) -4- HB0079b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B (f) The board may adopt regulations under AS 44.62 (Administrative Procedure Act) that it considers necessary to implement this section.
(f) The board may adopt regulations under AS 44.62 (Administrative Procedure Act) that it considers necessary to implement this section.
(d) In addition to any other penalty provided by law, a court may revoke the sport fishing guide license of a person who is convicted under (a) or (c)(2) of this section.
(d) In addition to any other penalty provided by law, a court may revoke the salt water sport fishing guide license of a person who is convicted under (a) or (c)(2) of this section.
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In AS 16.40.262 - 16.40.301, (1) "sport fishing guide" means a person who is licensed to provide sport fishing guide services to persons who are engaged in sport fishing;
In AS 16.40.262 - 16.40.301, (1) "salt water sport fishing guide" means a person who is licensed to provide salt water sport fishing guide services to persons who are engaged in sport fishing;
(2) "sport fishing guide services" means assistance, for compensation or with the intent to receive compensation, to a sport fisherman to take or to attempt to take fish by accompanying or physically directing the sport fisherman in sport fishing activities during any part of a sport fishing trip;
(2) "salt water sport fishing guide services" means assistance, for compensation or with the intent to receive compensation, to a sport fisherman to take or to attempt to take fish by accompanying or physically directing the sport fisherman in sport fishing activities on salt water during any part of a sport fishing trip;
"sport fishing guide services" does not include (A) sport fishing services;
"salt water sport fishing guide services" does not include HB0079a -5- HB 79 New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A (A) sport fishing services;
or (B) services provided by an assistant, deckhand, or similar person who works directly under the supervision of and on the same vessel as a sport fishing guide.
or (B) services provided by an assistant, deckhand, or similar person who works directly under the supervision of and on the same vessel as a salt water sport fishing guide.
HB0079b -5- CSHB 79(FSH) New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B * Sec.
* Sec.
(xiv) certification as a storage tank worker or contractor under AS 46.03.375;
HB 79 -6- HB0079a New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\A (xiv) certification as a storage tank worker or contractor under AS 46.03.375;
CSHB 79(FSH) -6- HB0079b New Text Underlined [DELETED TEXT BRACKETED] 32-GH1608\B (xvi) commercial crewmember fishing license under AS 16.05.480 other than an entry permit or interim-use permit under AS 16.43;
(xvi) commercial crewmember fishing license under AS 16.05.480 other than an entry permit or interim-use permit under AS 16.43;
(xviii) sport fishing operator license under AS 16.40.262;
(xviii) salt water sport fishing operator license under AS 16.40.262;
(xix) sport fishing guide license under AS 16.40.272;
(xix) salt water sport fishing guide license under AS 16.40.272;
The uncodified law of the State of Alaska is amended by adding a new section to read:
HARVEST DATA DOCUMENTATION REPORT.
(a) The Department of Fish and Game shall prepare a report proposing solutions for improving sport fishing harvest data documentation and collection from the saltwater rental and unguided fishing industry.
(b) The report must provide consideration and analysis of collection methods used to collect comparable data by other states and comparable international jurisdictions, including British Columbia.
(c) The commissioner shall submit the report to the senate secretary and chief clerk of the house of representatives by December 1, 2022, and notify the legislature that the report is available.
* Sec.
5.
HB0079b -7- CSHB 79(FSH) New Text Underlined [DELETED TEXT BRACKETED]
HB0079a -7- HB 79 New Text Underlined [DELETED TEXT BRACKETED]
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