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Date Posted: 04:49:14 04/28/04 Wed
Author: Don Johnson
Subject: HOUSE BILL NO. 452

Committee substitute for HB 452

CS FOR HOUSE BILL NO. 452( )
IN THE LEGISLATURE OF THE STATE OF ALASKA
TWENTY-THIRD LEGISLATURE - SECOND SESSION

BY

Offered:
Referred:

Sponsor(s): REPRESENTATIVE HEINZE

A BILL
FOR AN ACT ENTITLED
“An Act relating to licensing and regulation of sport fishing operators and sport fishing guides;
authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission
to release records and reports to the Department of Natural Resources; and providing for an effective date.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

*Section 1. AS 16.05.340(a) is amended by adding a new paragraph to read:
(26) Fishing services licenses
(A) Sport fishing operator license……………….$100
(B) Sport fishing guide license…………………….50
(C) Sport fishing operator and sport fishing guide combined license……………………………$100
*Sec. 2. AS 16.05.815(a) is amended to read:
(a) Except as provided in (b) and (c) of this section, records required by regulations of the
department concerning the landings of fish, shellfish, or fishery products, and annual statistical reports
of fishermen, buyers, and processors required by regulation of the department are confidential and may
not be released by the department or by the Alaska Commercial Fisheries Entry Commission except
as set out in this subsection to the Alaska Commercial Fisheries Entry Commission.
The department and the Alaska Fisheries Entry Commission may release the records and reports
set out in this subsection to the recipients identified in this subsection if the recipient, other than a
recipient under (5) - (9) of this subsection, agrees to maintain the confidentiality of the records and reports.
The department and the Alaska Commercial Fisheries Entry Commission may release
(1) any of the records and reports to the National Marine Fisheries Service and the professional staff
of the North Pacific Fishery Management Council as required for preparation and implementation of
the fishery management plans of the North Pacific Fishery Management Council within the exclusive
economic zone;
(2) any of the records and reports to the professional staff of the Pacific States Marine Fisheries
Commission who are employed in the Alaska Fisheries Information Network project for the purpose
of exchanging information with the users authorized by the department;
(3) any of the records and reports to the Department of Revenue or the Department of Natural Resources
to assist the department [DEPARTMENT OF REVENUE] in carrying out its statutory responsibilities;
(4) records or reports of the total value purchased by each buyer to a municipality that levies and collects
a tax on fish, shellfish, or fishery products if the municipality requires records of the landings of fish,
shellfish, or fishery products to be submitted to it for purposes of verification of taxes payable;
(5) such records and reports as necessary to be in conformity with a court order;
(6) on request, the report of a person to the person whose fishing activity is the subject of the report,
or to a designee of the person whose fishing activity is the subject of the report;
((g) The department or board may adopt regulations under AS 44.62 (Administrative Procedure Act) that it
considers necessary to implement this section.
Sec. 16.40.290. Penalty. (a) Except as provided in (b) and (c) of this section, a person who knowingly
violates AS 16.40.260 - 16.40.299 or a regulation adopted under AS 16.40.260 - 16.40.299 is guilty of a
class A misdemeanor.
(b) A person who, without and culpable mental state, violates AS 16.40.270(e) is guilty of a violation and
upon conviction is punishable by a fine of not more than $500.
(c) A person who knowingly violates AS 16.40.270(e) is, for a
(1) first offense in a three-year period, guilty of a violation and upon conviction is punishable by a fine of not
more than $500; and
(2) second or subsequent offense in a three year period, guilty of a class B misdemeanor.
(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.
(e) In this section, “knowingly” has the meaning given in AS 11.81.900.
Sec. 16.40.299. Definitions. In AS 16.40.260 - 16.40.299,
(1) “sport fishing guide” means a person who is licensed to provide 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; “sport fishing guide services” does not include
(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;
(3) “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; “sport fishing services” does not include
(A) an activity for which a sport fishing guide license is required; or
(B) booking and other ancillary services provided by a tour broker or agent to a sport fishing services operator
Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read:
TRANSACTION; REGULATIONS. The Board of Fisheries and the Department of Fish and Game each may
proceed to adopt regulations necessary to implement the changes made by this Act. The regulations take
effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the statutory changes.
Sec. 5. Section 4 of this act takes effect immediately under AS 01.10.070©
Sec. 6. Except as provided in Sec. 5 of this Act, this Act takes effect January 1, 2005

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