Kenai River Professional Guide Association

WHY DO THEY CALL IT WILD? (08-28-2009 20:50:05)

kenai — Fri, 28 Aug 2009 20:50:05 +0100

Have you every tried to follow the chain of events regarding how our wild environment uses a salmon if humans do not interfere? Try following the life cycle of a salmon. When a baby salmon is first born, he immediately begins feeding on things found within his wild environment. That environment includes things like the flesh of previous salmon generations which lingers on the bottom of rivers and streams. Insects and fungi spring off that slimy nitrogen coating on the bottom
which is from rotting salmon. It is this river bottom slime, which many fungi and insects feed on thus providing forage for baby trout & salmon.
Once a salmon reaches a couple inches long he is then large enough to survive in our oceans so he then migrates out into the ocean to access even larger sized food. As he departs his home river or stream, he unconsciously records the smell of all the waters he travel through as he migrates out into the ocean. This "water aroma record" is then stored within his brain until he needs it when returning to spawning. Thousands of items in his ocean environment become prey for him as he chases candle fish, herring, sardines, hooligans and many other types of bait fish. Once he has matured to an adult size, a biological alarm clock then goes off in his head, which causes him to begin to instinctively think about and desire to swim back to where he was born.
Using magnetic and solar references, he then combines those inputs with the water aroma records stored within his brain as he begins the return back to his place of origin. Upon reaching his stream or river of birth, he then fights his way back up current and attempts to spawn and then die within a few hundred yards of where he was born. He does all of this with his nose as he literally smells the waters off the river bank from the area he came from. His body then dies through starvation or is taken in prey by a bear or eagle and dragged off into the near by forest. Either way his body begins a slow transition back into the environment by decomposing and therefore being utilized by the wild environment to help it reproduce and grow.
The rings of trees, which live near salmon streams, are substantially thicker during years when salmon runs are strongest. The best survival rates of our birds result when those birds are able to feed their young on the trillions of surplus maggots, which result from the rotting of all the millions of salmon carcasses spread around the forest. It doesn't matter if its a tree, bird or what ever, there are thousands of species surviving both directly and indirectly off the wild salmon cycle.
If someone or something, steps into this cycle of life and interrupts or removes it, something has to give as the downline survivors lose their food source. That loss basically results in other things dying. The cycle then goes from being a "wild salmon cycle", to some sort of "Frankenstein salmon cycle".
You may not see that baby bird die in the nest because he didn't get enough food to grow up as strong as his nest mate but it can be one of the end realities of someone interrupting a salmon cycle. You may not notice that the trees around you aren't growing as fast as others or that tree that didn't make it through the winter because it just didn't have that extra strength, a near by salmon run can provide.
There are some people out there who even believe that they can remove millions of salmon from a wild salmon life cycle and then still call it a wild salmon life cycle when it is not. We even have some people out there who really don't even notice the missing birds or trees, as they dump the millions of dollars in commercial fish sales, into their bank accounts. There are "no free lunches" within a real wild salmon life cycle. If our environment only allows a million baby salmon to survive and enter the ocean, then it's not good environmental science to double or triple that number. The reason for the natural limits may not be apparent at first but eventually those limits become clear with time. It may be "limited in river spawning area" or "limited food during the winter", what ever the reason, our wild environment figures out the correct number of survivors by using the trial and error method.
This is why we sometimes see "wild" fluctuations in some fish and game populations. Maybe this is why we have always called it "wild life or wild stock".
A true wild environment is constantly testing a species ablity to survive. Eventually it will settle in with a constant number of individuals to interact within that wild environment. People may not like the way a truly wild environment forces fish and game to suffer as they slowly starve to death
or are eaten alive but that is the way a wild environment works.
People who believe they are doing the wild environment a big favor by catching or killing off huge blocks of fish and game, are usually just deceiving themselves with delusions and greed. Left to herself our wild environment is fully capable of setting its own limited number of fish & game participants.
True "wild logic" can literally defy many of our modern fish and game management systems. Many of our modern resource managers enter their jobs with the pre-assumption that our wild environment is basically incompetent, therefore requiring humans to intervene.
That intervention usually comes in the form of a human decision to artificially manipulate a wild environment to keep it from falling apart or from not producing a maximum yield of fish or game.
In many cases it is completely unnecessary for human manipulation of wild fish & game populations. Many times these populations are artificially manipulated because the short-term effects paint rosy pictures. Viewed in the context of long-term effects, many of these policies are extremely difficult to implement and
totally bankrupt in providing long-term sustainability of a wild resource.
In conclusion, the desire for commercial fisheries within Cook Inlet to refer to themselves as selling "WILD SALMON", is a total sale promo lie. These same commercial fisheries constantly devotes large blocks of resources and finances to manipulate Cook Inlets pre-existing "wild salmon stocks", into enhanced, genially manipulated, inoculated and sterilization gillnetted salmon stocks. After manipulating these stocks they then desire to market the product as still being a "WILD SALMON". There is nothing wild about the process of sterilization gillnetting Cook Inlets waters. This gillnetting wipes out the majority of our giant Kenai king salmon, while they search for sockeye salmon. There is nothing wild about slaughtering thousands of sea mammals and birds in those same gillnets and then wondering why our beluga whale populations are dwindling.
Wild is a term that applies to a natural resource which is allowed to check its own levels of sustainability and as long as there is commercial sterilization gillnetting in Cook Inlet, man is checking those levels. THEREFORE THE "WILD" TERM CANNOT BE CORRECTLY APPLIED TO COMMERCIALLY CAUGHT SALMON IN COOK INLET WATERS.

Don

Why Brent Johnson On The BOF? (04-14-2009 14:56:45)

kenai — Tue, 14 Apr 2009 14:56:45 +0100

Why Would Brent Johnson Desire To Be On The Alaska Board Of Fisheries?

Sport, subsistence and personal users are all pretty upset that Governor Palin wants to create
another commercial fishing seat on our Alaska Board of Fisheries. The reason for the concern is
because these common users have just become used to dealing with a BOF made up of
3 sport, 3 commercial and 1 subsistence/personal use members. Now the governor wants to
return to a commercial majority like the board had back years ago when tremendous controversy
enveloped the BOF process? The process was so overwhelmed with controversy back then that
the board accomplished little other than head-butting. The quid pro quo ploy the commercial fishing
industry used back then was that a Bristol Bay commercial BOF member, would support all
pro-commercial fishing issues statewide arising out of any place other than Bristol Bay.
Then BOF members from outside Bristol Bay, would repay the quid pro quo by supporting all
pro-commercial fishing issues within Bristol Bay. This arrangement preformed very well until
the late 1990's when common users were finally able to break up this conflict of interest
arrangement and arrived at the current 3 sport, 3 commercial, 1 subsistence/personal use seat ratio.
With the breaking of this "commercial conflict of interest" came an increase in fisheries
allocations for common users, going from 3% to 10% within Cook Inlet. It is this 7% common
user increase in fisheries allocation which has so upset Brent Johnson and the Cook Inlet
commercial fishing industry in general. These commercial users have basically blamed
their lost of this 7% allocation, on the fact that they lost their commercial majority lock on the BOF.
Rather than plainly stating up front that they desire to again illegally manipulate the BOF, they instead
have claimed that the current BOF is unfair. Brent Johnson refers to our current BOF process
as being a "kangaroo court".
http://www.peninsulaclarion.com/stories/013008/letters_3801.shtml
The commercial solution to this "kangaroo court", is to just add a Cook Inlet BOF seat.
This claim is intended to infer that Cook Inlet lacks BOF representation, when in fact it has
little to do with Cook Inlet representation. This is nothing but a power grab to revert the
BOF back to the way it used to be when statewide commercial interests, "quid per quo" cross
protected each other within a commercial fisheries majority on the BOF.
The key to understanding the true commercial intent here is to take a very close look at
what Brent Johnson has been claiming for years. He has been claiming that our BOF is going to
"make commercial fishing in Cook Inlet a memory", for many years.
http://www.peninsulaclarion.com/stories/013008/letters_3801.shtml . He makes this statement
even as he know perfectly well that any BOF member coming from Cook Inlet commercial
would be legally required to recuse themselves from most deliberations involving Cook Inlet.
I then ask myself why would any person desire a Cook Inlet commercial fisherman be on the BOF,
when they would not be able to vote on Cook Inlet issues?
Johnson is claiming that the situation is "rotten" since Cook Inlet lacks commercial representation
on the BOF but if he got that representation, they would not be able to vote on Cook Inlet issues,
so how would they be able to change the "rotten" situation? Johnson also claims that Cook Inlet
commercial fishers cannot get a "fair shake" within the same above reference, without a Cook Inlet
commercial fisher on the BOF. Obviously there is much more going on here than just seating a
Cook Inlet Board Member because this does make any sense, right?
It is not a big secret that BOF members effect each other in a very substantial way by just talking
to other BOF members. Also, right now our commercial fishing industry is very intensely pushing
our legislature to reduce or totally eliminate recusals for conflict of interest. Most people would
call this a non-functional "catch 22 situation" but not Johnson. Brent Johnson is arguing for a
supposed "catch 22 situation", while commercial fishing lobbies our legislature to reduce or eliminate
recusals for conflict of interest, while the BOF acquires a commercial fishing majority?
It is obvious that Brent Johnson's "Cook Inlet representation claim" is a smoke-screen for his
true intent to return to the past commercial "quid pro quo" statewide rule.
A "fair shake", "things are rotten", a "kangaroo court"? These are all meaningless terms being
used to disguise the true nature of a "quid pro quo" commercial takeover attempt on our
Alaska Board of Fish. No other conclusion is even possible because the only thing Johnson
could "legitimately" effect, would be on fisheries issues outside the Cook Inlet area.
So why would he claim that a Cook Inlet commercial fisher on the BOF would give Cook Inlet
commercial fishers a "fair shake"?
Logically Johnson can only be referring to either an illegal "quid pro quo" commercial agenda
or he does not fully understand that a Cook Inlet BOF member would not be able to legally
correct the situation he is referring to. Johnson is clearly stating that he seeks statewide
commercial control of our BOF by way of claiming a lack of Cook Inlet commercial representation.
It is illegal to obtain this kind of control over fisheries you have a conflict of interest within,
so what could Johnson's agenda be?
Johnson's below article was not a slip of the lip. I have know Brent Johnson for 30 years
and over that time period I have watched him put forth at least a dozen major fisheries proposals
which on the surface appeared to make no real sense. Within each of these cases there were
non-reality issues up front and reality issues behind the scenes. The reality of Brent Johnson
getting on the BOF is a statewide commercial high-jacking of the BOF process.
It is obvious that Johnson's agenda can only be to inappropriately influence BOF decisions within
Cook Inlet issues and he basically admits this goal within his below article.

For this reason I request that the Alaska Legislature NOT CONFIRM Brent Johnson to
the Alaska Board of Fisheries.

Thank you.

Don Johnson
ccpwow@gci.net
907 262 7893

-----------------------------------------------------------------

Letter to the Editor
Web posted Wednesday, January 30, 2008

Something's fishy on the Board of Fish
Letter to the Editor

Here's what's going down. The state Board of Fisheries (BOF) is going to hold a February meeting, put on a kangaroo court and enact regulations that will likely make commercial fishing in Cook Inlet a memory. Here's why: governors Palin, Murkowski, Knowles, Hickel, Cowper and Sheffield didn't appoint a single Cook Inlet commercial fisher to the BOF. Gov. Jay Hammond was the last to do that, with the appointment of Dannie Garroutte, a drift fisher from Ninilchik (served 1975-80).

Isn't that odd? The Cook Inlet basin includes Anchorage, has the bulk of the state's population and many Cook Inlet commercial fishers, and yet six governors chanced to not appoint a single one. In that same span (since 1979), 12 Cook Inlet basin sportfishers have served on the BOF. They are: Calvin Fair of Soldotna ( 1977-79), Russ Dunn of Anchorage (1975-80), Bix Bonney (Kenai River guide, 1983-87), Bud Hodson of Anchorage (1986-93), Mike Chihuly (Ninilchik saltwater guide 1988-93), Irv Carlisle of Soldotna (1990-93), Tom Elias (president of the Alaska Sport Fishing Association 1991-93), Larry Engel (former Fish and Game sportfish biologist, 1993-2003), Dr. Dick Bower of Soldotna (1993-96), Dan Coffey (Anchorage attorney who crafted the "fish initiative," 1997-2002), Ed Dersham (Anchor Point guide, 1997-2005) and Howard Delo (Wasilla sportfisher critical of drifters 2007-).

To his credit, Gov. Steve Cowper appointed Mike Haggren, a Kodiak resident who drifted in the inlet. Before Haggren had the opportunity to actually sit at a BOF meeting, however, he was cited for a commercial fishing violation. Cowper had the courage and good sense to give his resignation. The same can't be said of current board member Jeremiah Campbell, a Murkowski appointment from Seward. Campbell, who has a guide business, was cited for a Fish and Game violation, but he will be in full participation at the upcoming BOF meeting because the same governor who criticized the Murkowski machine for dishonesty in oil and gas issues is unwilling to clean up her own administration.

Why can't Cook Inlet commercial fishers get a fair shake? I don't know, but I have an idea there's "something rotten in Denmark," and it comes from politics, not salmon.

Brent Johnson

Clam Gulch

http://www.peninsulaclarion.com/stories/013008/letters_3801.shtml

Alaska Board of Fish & BRENT JOHNSON (04-04-2009 02:43:15)

kenai — Sat, 4 Apr 2009 02:43:15 +0100

Dear Representative,

I see that the Alaska Board of Fish has a couple of its members terms expiring this coming June 30, 2009. These members are Bonnie Williams, Fairbanks, Sportfish, Subsistence / Personal Use and Karl Johnstone, Anchorage, Attorney / Judge.
It appears that the Governor reappointed Johnstone and then APPOINTED COMMERCIAL
FISHERIES BRENT JOHNSON TO REPLACE SUBSISTENCE /PERSONAL USE WILLIAMS!
Brent Johnson and Governor Palin are clearly attempting to convert a traditional native, interior
subsistence/personal USE board seat, into a commercial fishing USE board seat.
This is a clear attempt to reallocate fisheries resources away from common fisheries
users and grant them instead to special interests within the commercial fishing industry.
This attempt would basically remove all interior, native, subsistence and personal use
representation on our Board of Fish. It would also knock the current
( 3 sportfish seats, 3 commercial fish seats, 1 subsistence/personal use seat ) ratio, into a
( 3 sportfish seats, 4 commercial fish seats ) ratio, as our traditional subsistence / personal use
seat would be completely eliminated.
This appears to be a plain attempt to lopside future BOF issue votes in favor of the
commercial fishing industry. This looks like a pretty drastic and bad change in my opinion.
Making a board member USE change of this magnitude will cause our BOF to become
less effective in the future simply because of its controversial nature. What on earth is the
Governor thinking? Brent Johnson is the President of the most notorious and extreme
commercial fishing association on our Kenai Peninsula, the Kenai Peninsula Fishermen's Association!
Not only will the BOF lose interior, native, subsistence and personal use representation but the
change will also stir-up huge resentment between commercial & common fisheries USES.
What was so wrong with us having 3 sportfish seats, 3 commercial fish seats and
1 interior, native, subsistence and personal use seat ?
How can having 3 sport user seats & 4 commercial fish seats somehow give the board
a better prospective on fisheries issues? This kind of a blatant "pro-commercial high-jacking"
of the BOF, can only propel the board into becoming an even more controversial body.
The Board would no longer just appear to be ruled by special interests because it will be
obvious that it is TOTALLY controlled by commercial fishing special interests straight
from the KPFA.
Even our commercial fishing interests have agreed that a more diverse BOF, is a better Board.
It would be a much better choice to appointed Mike Smith of Fairbanks and allow him
to represent Alaska's statewide interior, native, subsistence and personal use prospective.
It will be completely IMPOSSIBLE for Brent Johnson or his Kenai Peninsula
Fishermen's Association to represent these common users.
Is that the Governor's mission here; to disenfranchise a huge group of common
fisheries users? The abandonment of 4 substantial groups of common users,
while advancing the commercial fisheries agenda's and the KPFA,
IS AN UNACCEPTABLE POSITION.
I specifically request that the Alaska legislature NOT CONFIRM commercial fisheries
KPFA President Brent Johnson, to replace the common user Bonnie Williams.

Don Johnson
Soldotna, Alaska 99669

Don

An Alaska Sport Fish Guide Service Board? (03-27-2009 18:25:48)

kenai — Fri, 27 Mar 2009 18:25:48 +0100

THE CREATION OF AN ALASKAN SPORT FISH
GUIDE SERVICES BOARD & 16 Constitutional Violations

Below is a copy of the current draft of the proposed Alaska Sport Fish Guide Services Board. The draft copy may be also located at http://www.sf.adfg.state.ak.us/Guides/index.cfm/FA/issues.draft
My comments are listed below each clause and are enclosed within arrows < >.

------------------------------------------------------------------------
Sec. 08.54.591. Creation and membership of board.

For the purposes of licensing and regulating the activities of providers of sport fishing guide,
outfitter, and transporter services to sport fishermen in the interest of the state's fisheries resources,
there is created the Sport Fishing Guide Services Board. For administrative purposes, the board is
in the Department of Commerce, Community, and Economic Development.
The board shall consist of nine members as follows:
Five members who are currently licensed sport fishing guide-outfitters or sport fishing
outfitters under this article, both salt water and fresh water sport fishing guide-outfitters shall be
represented; at least three of the five must be currently licensed sport fishing guide-outfitters;
one member who is currently a licensed sport fishing transporter under this article;
one member of the Board of Fisheries who is chosen by the Board of Fisheries;
one public member who must be familiar with the Alaskan sport fishing industry but who
does not hold a current license issued under this chapter or a current commercial fishing license
issued under AS 16; and,

< So what would prevent them from just transfering a commercial license to their spouse
or family member? This provision should either be completely removed or have added
to it that public members must have not sold or transferred a commercial fishing license
from their name or business name within the last five years.>

one public member who represents private landowner interests affected by sport fishing
activities governed under this chapter.
Sec. 08.54.595. Board assistance.

State agencies shall provide the board with information, data, or technical assistance
requested by the board for the purposes of licensing and regulating the activities of providers
of sport fishing guide-outfitter, outfitter, assistant guide or transporter services to sport fishermen.
Sec. 08.54.600. Duties of board.

The board shall
prepare and grade:
a qualification examination for a sport fishing guide-outfitter, outfitter, and assistant

< There is no valid reason for requiring current existing guides to take a
qualification examination or demonstration but this will require it anyway.>

guide license that requires demonstration that the applicant is qualified generally to provide
sport fishing guide-outfitter, outfitter, and assistant guide activities and, in particular, possesses
knowledge of fishing and sport fish laws and regulations; and
a certification examination for each Sport Fish Guide Use Unit in which the sport fishing guide-outfitter,
outfitter, or assistant guide intends to provide services in;

< there is no valid purpose reason for requiring current existing guides to take a certification examination
for each Sport Fish Guide Use Unit qualification examination or demonstration but this will require it.>

the examination must require demonstration that the
applicant is qualified to provide sport fishing guide-outfitter, outfitter, or assistant guide services in the
Sport Fish Guide Use Unit for which the applicant seeks to be certified and, in particular, must require
demonstration that the applicant possesses knowledge of the terrain, waters, transportation problems, fish,
and other characteristics of the Sport Fish Guide Use Unit.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?
Discriminatory Sport Fish Guide USE language is unconstitutional? There is no valid purpose for
requiring current existing guides to qualify to provide sport fish services for each Sport Fish Guide
Use Units but this will require it.) >
( Constitutional Violation #1 )

authorize the issuance of sport fishing guide-outfitter, outfitter, assistant guide, and transporter
licenses after the applicant for the license satisfies the requirements for the license;
impose appropriate disciplinary sanctions on a licensee under AS 08.54.600 - 08.54.790;

no such problem exists. This is a solution looking for a problem. >

require an applicant for issuance or renewal of any class of license issued under this article to state in a
written and signed document whether the applicant's right to obtain, or exercise the privileges granted by, a
sport fishing guide-outfitter, outfitter, assistant guide, or transportation license is revoked or suspended in
this state or another state or in Canada;
regularly disseminate information regarding examinations and other qualifications for all classes
of licenses described in this article;

< This clause assumes that a problem exists regarding the education and qualifications of Alaskan
sportfish guides when no such problem exists. Again, this is a solution looking for a problem. >

adopt procedural and substantive regulations required by this chapter;
provide for administration of examinations for sport fishing guide-outfitter, outfitter, and assistant
guide-outfitter licenses at least twice a year; and
meet at least twice annually.
The board may adopt regulations as the board considers appropriate to establish a code of ethics for professions regulated by the board;
authorize the department to obtain a copy of a sport fish guide-outfitter logbooks or outfitter
service records from the Department of Fish & Game;
Establish Sport Fish Guide Use Units;

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?)
(Discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation #2 )

establish as necessary for resource conservation purposes and/or to promote economic stability
within the sport fish guide industry

< Application of Alaska's Limited Entry Constitutional language will not legally graft the sportfish
USE into Alaska's Limited Entry Amendment. Limited Entry law only applies to commercial fishing.
This has already been clearly ruled on within our courts. >
( Constitutional Violation # 3 )

the maximum number of certified licensees who may operate in a Sport Fish Guide Use Unit and

< It is unconstitutional to provide an exclusive or maximum number of licensees to operate within
or apron Alaska lands or waters, other than within commercial fishing. Within the drafters
own "sport fishing" definition, it defines sport fishing as being "the taking of or attempting to
take fish for personal use, and not for sale or barter". Alaska's Constitution specifically requires
that only commercial fishing may restrict maximum entry to a fishery. Commercial fishing
specifically attempts to take fish "for sale or barter" therefore allowing a maximum number
provision. I suggest that the reason the drafter lacks clear defination of commercial fishing
is because that defination would closely a-line commercial fishing with Alaska's Limited
Entry Amemdment and distance Alaska sport fishing from those protections.
This maximum number sport fish reference will be found to be unconstitutional. >
( Constitutional Violation # 4 )

a concessionaire program to limit participation by licensees within Sport Fish Guide Use Units.

< It is unconstitutional to provide an exclusive concessionaire program to operate within
Alaska land, waters and fisheries other than commercial fishing. >
( Alaska Constitutional Violation # 5 )

establish regulations that will bring persons who, in the past, provided sport fishing guide-operator,
assistant guide, outfitter or transporter services as defined in current statute and regulation into compliance with
new statutes and regulations pertaining to such and establish a time-frame and criteria for doing so.

Sec. 08.54.605. Eligibility for licenses.
Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person
may not receive or renew a sport fish guide-outfitter, outfitter, assistant guide, or transporter license if :
the person has been convicted of a felony offense against the person under AS 11.41, or similar
federal laws or laws of other states, or the person's right to obtain, or exercise the privileges granted by,
a sport fishing guiding, outfitting, assistant guide, or transportation services license or registration is
suspended or revoked in this state or another state or in Canada or Mexico.

convicted of a felony offense in the past.> ( Constitutional Violation # 6 )

A person may not receive a certification for a Sport Fish Guide Use Unit if the person is prohibited

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units, )
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 7 )

by (a) of this section from receiving or renewing a sport fishing guide-outfitter, outfitter, or assistant guide license.
Sec. 08.54.610. Sport fishing guide-outfitter license.
A natural person may obtain a biannual sport fishing guide-outfitter license if the person:
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a license to carry passengers for hire issued by the United States Coast Guard if the person
operates a vessel in the provision of sport fishing guide services and the license is required by the
United States Coast Guard for the area in which the sport fishing guide-outfitter provides sport fishing guide services;
holds a current sport fishing license from this state;
has passed a qualification examination for a sport fishing guide-outfitter license

< There is no valid purpose for requiring current existing guides to take a
qualification examination or demonstration to sport fish guide but this will require it anyway.>

has passed a certification examination prepared by the board for the Sport Fish Guide Use unit

< there is no valid purpose for requiring current existing guides to take a
certification examination to sport fish guide but this will require it anyway.>

in which he operates; has been licensed as and performed the services of a sport fishing assistant guide in the state
for a part of each of three years and received a favorable recommendation from at least one licensed
sport fishing guide-outfitters;
satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board.
has applied for a sport fishing guide-outfitter license on a form provided by the department and paid
the license application fee and the sport fishing guide-outfitter license fee.

< Creation of license fees without a plain need are unwarranted>
A person may not provide sport fishing guide-outfitter services unless the person holds a current
sport fishing guide-outfitter license;
A sport fishing guide-outfitter may guide or outfit sport fishing activities and may provide transportation
services, personally or through a sport fish assistant guide, to sport fishermen who are clients of the
sport fishing guide-outfitter.
A person who is licensed as a sport fishing guide-outfitter may be employed by another sport fishing
guide-outfitter to perform the functions of an assistant sport fishing guide and may operate as an
assistant sport fishing guide in any Sport Fish Guide Use Unit for which the person is certified as a

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units, )
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 8 )

sport fishing guide-outfitter under 610 (a)(6) of this chapter or as an assistant sport fishing guide
under 630(a)(6) of this Chapter.
A sport fishing guide-outfitter shall
directly provide sport fishing guide-outfitter services to clients, or
directly supervise an assistant guide who provides sport fishing assistant guide services to clients, or
directly supervise a sport fishing guide-outfitter who is not certified for the Sport Fishing
Guide Use Unit in which they are operating.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 9 )

While engaged in providing sport fishing guide-outfitter services, a sport fishing guide-outfitter shall
have readily available for inspection upon request of a representative of the Department or a
peace officer of the state the following:
a current sport fishing guide-outfitter license;
the current licenses, tags, permits and reporting forms that are required to engage in the
sport fishery for which the sport fishing guide services are being provided;
a driver's license or similar identification card that is issued by a state or federal agency and
that bears a photograph of the sport fishing guide-outfitter;
A master sport fishing guide-outfitter license authorizes a sport fishing guide-outfitter to use the title
master sport fishing guide-outfitter, but is for all other purposes under this chapter a sport fishing
guide-outfitter license. A natural person is entitled to receive a renewable master sport fishing
guide-outfitter license if the person
is, at the time of application for a master sport fishing guide-outfitter license, currently licensed
as a sport fishing guide-outfitter under this section;
provide an affidavit certifying that they have operated in the state as a sport fishing guide-outfitter
for at least 12 of the last 15 years, including the year immediately preceding the year in
which the person applies for a master sport fishing guide-outfitter license;

< The requirement of 12 - 15 years of previous sportfish guiding and clients is a
violation of Alaska's Common Use Clause.>
( Constitutional Violation # 10 )

submits 10 letters from clients for whom the person has personally provided sport fishing
guiding or outfitting services and the person receives a favorable evaluation; and
applies for a master sport fishing guide-outfitter license on a form provided by the department
and pays the application fee, if any.

< The requirement of previous sportfish guiding and 10 clients is a violation of
Alaska's Common Use Clause.> ( Constitutional Violation # 11 )

Sec. 08.54.620. Sport fishing outfitter license
A natural person may obtain a biannual sport fishing outfitter license if the person:
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a current sport fishing license from this state;
has passed a qualification examination for a sport fishing outfitter license;

< Creation of a qualification examination without a plain need is unwarranted >

has passed a certification examination prepared by the board for the Sport Fish Guide
Use Unit in which they operate;

< Creation of a certification examination without a plain need is unwarranted >

satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board; and,
has applied for a sport fishing outfitter license on a form provided by the department and paid
the license application fee and the sport fishing outfitter license fee.

< Creation of license fees without a plain need is unwarranted >

A person may not provide sport fishing outfitter services unless the person holds a current sport fishing outfitter license;
A sport fishing outfitter may not provide sport fishing guide-outfitter services or provide transportation
services, personally or through a sport fish assistant guide.
A sport fishing outfitter shall not be physically present with the client during any portion of the sport fishing activities.

< There is absolutely no good reason for requiring guides to be physically present with clients at all the times.
This is nothing but a carry over concern originating from the Kenai River. >

A sport fishing outfitter shall provide an activity report on a form provided by the Department
of Fish and Game. An activity report must contain all information required by the Department of Fish and Game.
While engaged in providing sport fishing outfitting services, a sport fishing outfitter shall have readily available
for inspection upon request of a representative of the Department or a peace officer of the state the following:
a current sport fishing outfitter license;
a driver's license or similar identification card that is issued by a state or federal agency and that
bears a photograph of the sport fishing outfitter;
Sec. 08.54.630. Assistant sport fishing guide license.

A natural person is entitled to an assistant sport fishing guide license if the person
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a license to carry passengers for hire issued by the United States Coast Guard if the person
operates a vessel in the provision of sport fishing guide services and the license is required by the
United States Coast Guard for the area in which the sport fishing assistant guide provides
sport fishing guide services;
holds a current sport fishing license from this state;
has passed a qualification exam for an assistant sport fishing guide license sport fish
either
passes a Sport Fish Guide Unit certification test for the unit in which they operate in, or
provides to the Department a written employment agreement from a currently licensed
sport fishing guide-outfitter who employs the sport fish assistant guide and passes a
Sport Fish Guide Unit certification test for the unit they operate in within 30 days of beginning employment.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units?
Discriminatory Sport Fish Guide USE language is unconstitutional on its face because it attmepts to
set regular guided anglers apart from nonguided anglers when they are in fact the same USE group.>
( Constitutional Violation # 12 )

satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board; and
applies for an assistant sport fishing guide-outfitter license on a form provided by the department
and pays the license application fee and the license fee.
An assistant sport fishing guide shall be under the supervision of a currently licensed sport fishing guide-outfitter
while participating in a guided sport fishing activity.
While providing assistant sport fishing guide services, an assistant sport fishing guide shall have readily
available for inspection upon request of a representative of the Department or a peace officer of the state the following:
a current assistant sport fishing guide license;
the current licenses, tags, permits and reporting forms that are required to engage in the sport fishery
for which the assistant sport fishing guide services are being provided;
a driver's license or similar identification card that is issued by a state or federal agency and that bears
a photograph of the assistant sport fishing guide; and
proof of employment by a currently licensed sport fishing guide.
Sec. 08.54.650. Sport Fishing Transporter license.

A person is entitled to a sport fishing transporter license if the person is a licensed Big Game
transporter under AS 08.54.650 or
applies for a sport fishing transporter license on a form provided by the department; and
pays the license application fee and the license fee.
satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board.
A sport fishing transporter may not provide sport fishing guide-outfitter, sport fishing outfitter services,
or sport fishing assistant guide services without holding the appropriate licenses.
While providing transporting services, a sport fishing transporter shall have readily available for inspection
a current sport fishing transporter license;
a driver's license or similar identification card that is issued by a state or federal agency and that
bears a photograph of the sport fishing transporter;
Sec. 08.54.660. Renewal of sport fishing guide-outfitter, outfitter, assistant guide, and transporter licenses.

An applicant for renewal of a sport fishing guide-outfitter, outfitter, assistant guide, or transporter license shall submit
a request for renewal of the license on a form provided by the Department; and
the appropriate license fees for the next licensing period.
The department shall not renew a sport fishing guide-outfitter, outfitter, assistant guide, or transporter
license under this section unless all fees have been paid in full and the sport fishing guide-outfitter,
outfitter, assistant guide, or transporter has signed an affidavit that all required logbooks and reports
due during the term of the prior license have been filed as required
Sec. 08.54.670. Failure to renew.

The department may not issue a license to a person who held a sport fishing guide-outfitter,
outfitter, assistant guide, or transporter license and who has failed to renew the license under this
chapter for four consecutive years unless the person again meets the qualifications for initial issuance of the license.

< Failure to renew a license is not an acceptable reason to remove a citizens common use access to
Alaska's fisheries. General requirements for initial issuance are constitutional but when the
requirements become burdensome & over whelming, they become a violation of common use
public access to Alaska's Trust Fisheries Resources. This clause is unconstitutional.
The listed initial issuance qualifications are overly burdensome & overwhelming. >
( Constitutional Violation # 13 )

Sec. 08.54.680. Financial responsibility and other requirements for sport fishing guide-outfitters,
outfitters, and transporters.
The department requires satisfactory proof of sport fishing guide-outfitters, outfitters, and
transporters 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,
that provides coverage of at least $100,000 for each incident, and $300,000 for all incidents in a year;
If a sport fishing guide-outfitter, or assistant guide personally pilots an aircraft to transport clients
during the provision of sport fishing activities, the sport fishing guide-outfitter, or assistant guide
shall have a commercial pilot's rating or a minimum of 500 hours of flying time in the state.

< A 500 hour Alaska area min. to allow someone to do a fly-out, is excessive. Our standard FAA
requirements to conduct commercial flyout activities are more than sufficient to insure
proper guided sportfish angling safety. >

ARTICLE 02. ENFORCEMENT
Sec. 08.54.710. Discipline of a sport fishing guide-outfitter, outfitter, assistant guides and transporters.

The board may impose a disciplinary sanction in a timely manner under (c) of this section and in
accordance with AS08.01.075 if the board finds that a licensee;

< SFGSB disciplinary sanction enforcement? This clause assumes that a "giant problem"
exists regarding guides misbehaving when the opposite is the truth, as no such overwhelming
problem exists currently. Again, this is a solution looking for a problem. >

is convicted of a violation of any state or federal statute or regulation relating to sport fishing
or to provision of sport fishing guide, outfitter, or transportation services;
has failed to file records or reports required by law;
has negligently misrepresented or omitted a material fact on an application for any class of sport
fishing guide, outfitter or transporter license; or
has breached an agreement with a client to provide sport fishing guide-outfitter, outfitter, or
transportation services to a client.
has failed to comply with limitations or conditions of the professional practice of the licensee.

< The created an SFSGB is now going to replace our local better business bureaus and also
our free enterprise system in general? It is delusional to believe that this board would be able
to take the place of either systems.>

The board may impose a disciplinary sanction in a timely manner under (c)(3) - (7) of this section if the
board finds, after a hearing, that a licensee has acted unethically as a sport fishing guide-outfitter,
outfitter, assistant guide, or transporter.
The board may impose the following disciplinary sanctions, singly or in combination:
permanently revoke a license;
suspend a license for a specified period;
censure or reprimand a licensee;
impose limitations or conditions on the professional practice of a licensee;
impose requirements for remedial professional education to correct deficiencies in the education,
training, and skill of the licensee;
impose probation requiring a licensee to report regularly to the board on matters related to
the grounds for probation;
impose a civil fine not to exceed $5,000.
The board shall permanently revoke any license issued under this chapter if the board finds after a
hearing that the license was obtained through fraud, deceit, or misrepresentation.
A certified copy of a judgment of conviction of a licensee for an offense is conclusive evidence of the
commission of that offense in a disciplinary proceeding instituted against the licensee under this section
based on that conviction, regardless of whether the conviction resulted from a plea of nolo contendere
or the conviction is under appeal, unless the conviction is overturned on appeal.
A person whose license is suspended or revoked under this section may not engage in the provision of
sport fishing guide-outfitter, outfitter, assistant guide, or transportation services during the period of
license suspension or revocation.
If the board revokes a license under this section, the person whose license has been revoked shall
immediately surrender the license to the department.
The board may summarily suspend a licensee from practice of the profession under this chapter,
for a period of not more than 30 days, before a final hearing is held or during an appeal if the board
finds that the licensee poses a clear and immediate danger to the public health and safety. A person is
entitled to a hearing before the board to appeal the summary suspension within seven days after the
order of suspension is issued. A person may appeal an adverse decision of the board on an appeal
of summary suspension to a court of competent jurisdiction.

< The above clauses all assume that a "giant problem" exists regarding guides misbehaving
when the opposite is the truth, as no such giant problem exists currently.
Again, these are solutions looking for a problems.>

Sec. 08.54.720. Unlawful acts.

It is unlawful for a:
person who is licensed under this chapter to intentionally obstruct or hinder or attempt to obstruct
or hinder lawful sport fishing engaged in by a person who is not a client of the person;

< Non guided anglers have permanent right-of-way fisheries access over guided anglers! )
( This is a blatant Alaska Constitutional Fisheries, Common Use violation. Plainly granting
priory fisheries access to person who are not clients is a blatant Alaska Constitutional Common
Use violation.> ( Constitutional Violation # 14 )

a sport fishing assistant guide to knowingly guide or outfit sport fishing activities except while
employed and supervised by a sport fishing guide-outfitter;
person who is licensed under this chapter to knowingly enter or remain on private, state, or federal
land unlawfully during the course of providing sport fishing guide services, outfitting services or
transportation services;
sport fishing guide-outfitter to knowingly engage in providing sport fishing guide services outside
of a sport fish Guide Use Unit for which the sport fishing guide-outfitter is certified unless the
registration requirement for the Unit has been suspended by the board;

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units?
Discriminatory Sport Fish Guide USE language is unconstitutional on its face because it attmepts to
set regular guided anglers apart from nonguided anglers when they are in fact the same USE group.>
( Constitutional Violation # 15 )

person to knowingly guide or outfit without having a current sport fishing guide-outfitter,
outfitter or assistant guide license and a valid Alaska sport fishing license in actual possession;
sport fishing guide-outfitter to knowingly fail to comply with AS 08.54.610(e);
person who is licensed under this chapter to:
commit or aid in the commission of a violation of this chapter, a regulation adopted under
this chapter, or a state or federal sport fishing statute or regulation by the licensee or the
client of the licensee; or permit the commission by a client of the licensee of a violation of a
regulation adopted under this chapter, or a state or federal sport fishing statute or regulation that
the licensee knows or should know is being or will be committed without
attempting to prevent it, short of using force; and

< Guides currently police themselves very well along with ADF&G and Wildlife enforcement?
Does an SFGSB also then have to hire enforcement agents to watch guides or does it
just believe what ever the ADF&G and Wildlife officers says?>

promptly reporting the violation to the Department of Public Safety by the earliest
reasonable means available.

It is a completely unrealistic expectation to expect guides to report themselves or
other guide violations. This would be the equivalent of making a traffic law requiring
all drivers to monitor the speed of all other drivers and report speed violations
to the police.>

person without a current sport fishing guide-outfitter license to knowingly guide or outfit, advertise
< Illegal to advertise?> as a guide-outfitter, or represent to be a guide-outfitter;

constructed to deal with those matters.) ( A SFGSB should not be designed to replace our
current legal system. ) (The least possible government is the best government.>

person without a current master sport fishing guide-outfitter license to knowingly advertise as, or
represent to be, a master sport fishing guide-outfitter;

classification for no good reason. What is the purpose for separating regular sport fish guides
from master sport fish guides?
Since everyone has to be a master sportfish guide, how can anyone even be a regular sport fish guide?>

person without a current sport fishing outfitter license to knowingly outfit, advertise as or represent
to be a sport fishing outfitter person without a current assistant sport fishing guide license to knowingly provide
assistant sport fishing guide services;

< Illegal to advertise? Now its also illegal to run an ad unless you present a special license?
This hindrance to free commerce has no bases or reason to be imposed. We do not currently have
a problem with guides illegally advertising. If that problem develops, then the issue can be addressed.
This is an unnecessary provision.>

person without a current sport fishing guide-outfitter or transporter license to knowingly provide
transportation services, advertise as or represent to be a sport fishing transporter;
person to knowingly provide sport fishing guide-outfitter services, assistant guide services,
outfitter services or transportation services during the period for which the person's license to
provide that service is suspended or revoked;
person who is licensed as a sport fishing transporter, or who provides transportation services

< Illegal to transport? The U.S. Coast Guard already takes care of possible illegal
transport on all navigable U.S. waters. Why would an SFGSB even need to address this issue?
Is there some giant issue out there claiming that a group of sport fish guides is conducting
illegal or unethical transport? If this is true I have not heard of it. This is a very unnecessary provision.>

under a transporter license, to knowingly accompany or direct a sport fisherman in sport
fishing activities who is a client of the person except as necessary to perform the specific duties
of transporting, embarking or disembarking sport fishermen, their equipment, or fish
harvested by sport fishermen;
In addition to disciplinary sanctions imposed under AS 08.54.710, a person who commits an offense
set out in (a) of this section, is guilty of a class A misdemeanor.
A person licensed as a sport fishing guide-outfitter who, without any culpable mental state,
violates (a)(9) of this section is guilty of a violation.
A person who, without any culpable mental state, violates AS 08.54.610(f) is guilty of a violation.
A person who knowingly violates AS 08.54.610(f) is, for a
first offense in a three-year period, guilty of a violation; and
second or subsequent offense in a three-year period, guilty of a class B misdemeanor.
In addition to any other penalty provided by law, a court may revoke a license issued under
this

< Board or Court Enforcement? The first thing you need to reconize is that we are not
dealing with a commercial fishery here. Why is this clause attempting to give our courts the
ablity to revoke a sport fish license?
What is the specific purpose for pronouncing that the courts can revoke a sport fish license?
Who is the enforcement agent here? The SFGSB, or Alaska Courts or both ? Is the drafter
attempting to claim that our current court system is legally unable to control sport fish guides?
Therefore allowing the board or the courts be able to remove these residents ablity to access
our Alaska public fisheries? If this is the intent, the intent is unconstitutional because there
are no exceptions within Alaska law, whereby a resident sport fish user may have their
access to trust fisheries resources, permanently removed, thus allowing an exclusive
fishery for the rest of the residents.
AGAIN THIS IS NOT A COMMERCIAL FISHERY we are dealing with, whereby access
may be legally granted or removed at any time. This is a Common User natural resource,
which must remain permanently accessible to all residents, when abundance exists.
There may be temporally penalties for guides or other persons, for violating the law but
those persons cannot have their access permanently barred, by revoking a SFGSB license.
The access of a resident sport fish user cannot be legally manipulation or removed by
denying them a SFGSB license. This would be like attempting to revoke a persons sport fish
license and then laying down dozes of meaningless obstacle in their path, for them regain it.
It would be a pure and simple violation of the Common Use Clause of the Alaskan Constitution.>
( Constitutional Violation # 16 )

chapter of a person who is convicted under this chapter and equipment may be seized and
forfeited in accordance with AS16.05.190-195.
Sec. 08.54.740. Responsibility of sport fishing guide, assistant guide, outfitter, or transporter for violations.

A sport fishing guide-outfitter, assistant guide, outfitter, or transporter is equally responsible under
AS 08.54.710-720 for a violation of this chapter, a regulation adopted under this chapter, or a state
or federal sport fishing statute or regulation committed by a person while in the course of the person's
employment with the sport fishing guide-outfitter, assistant guide, outfitter, or transporter.
Sec. 08.54.760. Sport Fishing Guide and Outfitter records; confidentiality of records and activity reports.

The Department of Fish & Game may collect information from sport fishing guide-outfitters including

< Why does ADF&G need permission to collect sportfish information? >

the name and license number of each vessel that is used in providing sport fishing guide services;
the amount of fishing effort, catch, and harvest by clients of a sport fishing guide-outfitter;
the locations fished during the provision of sport fishing guide services; and
other information that the Department of Fish & Game or the board requires by regulation.

The Department of Fish and Game may collect information from sport fishing outfitters and transporters

< Why does ADF&G need permission to collect sportfish information?>

A person who holds a sport fishing guide-outfitter or outfitter license issued under AS 08.54.610 shall
comply with the reporting requirements in this section.
A person who is required to complete reports under this section shall not provide false information
or omit material facts in a report.
A person who is required to complete reports under this section may not be issued a license under
AS 08.54.610 unless the Department of Fish and Game has received all reports required under
this section for the preceding year.
Information collected under this section is confidential to the extent provided under AS 16.05.815 or AS 40.25.110.
The Department of Fish and Game may adopt regulations under AS 44.62

< Why does the ADF&G need SFGSB permission to adopt regulations for sportfish issues.
It already has it? This appears to be another unnecessary clause.>

(Administrative Procedure Act) that it considers necessary to implement this section.
The Department of Fish and Game shall make sport fishing log books received under this section,

< Log book info. goes to anyone who asks) ( Why do we need log books to be available to anyone who asks?
This information can be used against the sportfish public. It should only be given out for specific
purposes and not for just a general purpose like this clause proposes.>

and activity reports received under AS 08.54.650 , available to state agencies, federal law
enforcement agencies, and other law enforcement agencies if requested for law enforcement purposes.
Forms, records, and reports required under this chapter may be distributed, received, and stored electronically.
Sec. 08.54.770. License and examination fees.

NOTE: Realistic license fees, based upon estimated program costs, will be developed and will be posted
( The creation of license fees without a plain need are unwarranted )
the for public review as soon as they are available
The department shall set fees under AS 08.01.065 for each of the following:

< mandatory fees? What for? Why do we need these licenses and there associated fees?
What overwhelming good purpose will be accomplished once these licenses are in place?
What overwhelming need will be fulfilled with these licenses? The sport fish guide industry
currently polices itself within the free enterprise system.
In general, clients return to guides who are professional and ethical. This natural selection
automatically removes bad guides from the industry because of their lack clients.
There may be an occasional exception to this rule but it is outrageous to assume that the
creation of any Board will somehow do this job better than our current free enterprise system. >

sport fishing guide-outfitter license;
sport fishing outfitter license;
sport fishing assistant guide license;
sport fishing transporter license;
license application fee.
In setting license fees, the department shall consider the cost of reporting and reimburse the
Department of Fish and Game for costs associated with reporting.

the Guided Angler Industry and therefore "reports and information" must be collected
to correct the "great wrong".
Unfortunately the "great wrong" is not specified but the information and fee must be
collect anyway!>

The license fee for the sport fishing guide-outfitter, outfitter, or assistant guide license is in addition
to the fee required for a sport fishing license issued by the Department of Fish and Game under AS 16.05.340 .
An applicant for a qualifying examination for a sport fishing guide-outfitter license shall pay a fee
established by regulations adopted under AS 08.01.065 .
The fee for the sport fishing transporter license must be equal to the fee for the sport fishing
guide-outfitter and outfitter license.
The amount of the license fee for a nonresident shall be at least two times the amount of the
license fee for a resident and may be increased by the board by regulation.

< Since the drafter obviously appears of desire to increase restrictions on nonresidents,
why not just completely ban nonresident guided fishing? The drafter has clearly
disregarded both federal and state constitutional protections in many locations, therefore
completely removing nonresident guides is the obvious solution.>
Sec. 08.54.790. Definitions.

"board" means the Sport Fishing Guide Services Board;
"client" means a person who is a member of a fishing party that engages or uses a person to
provide sport fishing guide services and who is not a licensed sport fishing guide-outfitter or
sport fishing assistant guide;
"compensation" means payment, remuneration, and other benefits received in return for services.
"Compensation" includes wages or other employment benefits given directly or indirectly to
an individual or organization, and any dues, payments, fees, or other remuneration given
directly or indirectly to a fishing club, business, organization, or individual who provides
sport fishing guide services. "Compensation" does not include reimbursement for the
actual daily expenses for fuel, food, or bait.
"department" means the Department of Commerce, Community, and Economic Development;
"fish" means any species of aquatic finfish, invertebrate, or amphibian, in any stage of its life cycle,
found in or introduced into the state, and includes any part of such aquatic finfish, invertebrate, or amphibian;
"sport fishing equipment" means fishing rods, poles, reels, lines, bait, hooks, lures, flies, fish
attractants, landing nets, gaffs, and other equipment commonly used to take or attempt to take sport-caught fish.
"sport fishing assistant guide" means a person who, for compensation or with intent to receive
compensation, provides sport fishing guide services to clients of a licensed sport fishing
guide-outfitter during sport fishing activities.
"sport fishing outfitter services" means to provide, for compensation or with the intent to
receive compensation, vessels that are located in the water and sport fishing equipment to
persons who use them for sport fishing activities by a person who neither directs,
accompanies or is present with the sport fishermen while the sport fishing activities are occurring
"sport fishing" means the taking of or attempting to take for personal use, and not for sale or barter,
any fresh water, marine, or anadromous fish by hook and line held in the hand, or by hook and line
with the line attached to a pole or rod which is held in the hand or closely attended, or by other
means defined by the Alaska Board of Fisheries;
"sport fishing guide-outfitter" means a person who is licensed to provide sport fishing guide-outfitter
services to persons who are engaged in sport fishing;
"sport fishing guide services" means assistance, for compensation or with the intent to receive
compensation, to a person to take or to attempt to take fish by accompanying or physically directing
a person during sport fishing activities.
"Sport fishing guide services" does not include services provided by an assistant, deckhand,
or similar person who works directly under the supervision
of and on the same vessel as the sport fishing guide or assistant sport fishing guide.
"take" means taking, pursuing, fishing, or in any manner disturbing, capturing, or killing or
attempting to take, pursue, fish, or in any manner capture or kill fish;
"transportation services" means the carriage for compensation of a person, their equipment, or
fish harvested to or from sport fishing activities and advertises these services; "transportation services"
does not include the carriage by aircraft of sport fishermen, their equipment, or fish harvested
non nonstop flights between airports listed in the Alaska supplement to the Airmen's Guide
published by the Federal Aviation Administration; or
by an air taxi operator or air carrier for which the carriage of sport fishermen, their equipment,
or fish harvested is only an incidental portion of its business; in this subparagraph, "incidental"
means transportation provided to a sport fisherman by an air taxi operator or air carrier who does not
charge more than the usual tariff or charter rate for the carriage of sport fishermen,
their equipment, or fish harvested;
advertise transportation services or sport fishing activities to the public; in this
sub-subparagraph, "advertise" means soliciting sport fishermen to be customers of an
air taxi operator or air carrier for the purpose of providing air transportation for
sport fishing activities through the use of print or electronic media, including advertising
at trade shows, or the use of sport fishing broker services or other promotional services.
"vessel" means a floating craft powered, towed, rowed, or otherwise propelled, which is used for
delivering, landing, or taking fish within the jurisdiction of the state.
http://www.sf.adfg.state.ak.us/Guides/index.cfm/FA/issues.draft

Don

Creating an Alaska Sport Fish Guide Services Board (03-27-2009 17:53:47)

kenai — Fri, 27 Mar 2009 17:53:47 +0100

THE CREATION OF AN ALASKA SPORT FISH
GUIDE SERVICES BOARD & 16 Constitutional Violations

Below is a copy of the current draft of the proposed Alaska Sport Fish Guide Services Board.
My comments are listed below each clause and are enclosed within arrows < >.

------------------------------------------------------------------------
Sec. 08.54.591. Creation and membership of board.

For the purposes of licensing and regulating the activities of providers of sport fishing guide,
outfitter, and transporter services to sport fishermen in the interest of the state's fisheries resources,
there is created the Sport Fishing Guide Services Board. For administrative purposes, the board is
in the Department of Commerce, Community, and Economic Development.
The board shall consist of nine members as follows:
Five members who are currently licensed sport fishing guide-outfitters or sport fishing
outfitters under this article, both salt water and fresh water sport fishing guide-outfitters shall be
represented; at least three of the five must be currently licensed sport fishing guide-outfitters;
one member who is currently a licensed sport fishing transporter under this article;
one member of the Board of Fisheries who is chosen by the Board of Fisheries;
one public member who must be familiar with the Alaskan sport fishing industry but who
does not hold a current license issued under this chapter or a current commercial fishing license
issued under AS 16; and,

< So what would prevent them from just transferred them to their spouse?
This provision should either be completely removed or have added to it that public members
must have not transferred a commercial fishing license from their name or business name
within the last five years.>

one public member who represents private landowner interests affected by sport fishing
activities governed under this chapter.
Sec. 08.54.595. Board assistance.

State agencies shall provide the board with information, data, or technical assistance
requested by the board for the purposes of licensing and regulating the activities of providers
of sport fishing guide-outfitter, outfitter, assistant guide or transporter services to sport fishermen.
Sec. 08.54.600. Duties of board.

The board shall
prepare and grade:
a qualification examination for a sport fishing guide-outfitter, outfitter, and assistant

< There is no valid reason for requiring current existing guides to take a
qualification examination or demonstration but this will require it anyway.>

guide license that requires demonstration that the applicant is qualified generally to provide
sport fishing guide-outfitter, outfitter, and assistant guide activities and, in particular, possesses
knowledge of fishing and sport fish laws and regulations; and
a certification examination for each Sport Fish Guide Use Unit in which the sport fishing guide-outfitter,
outfitter, or assistant guide intends to provide services in;

< there is no valid purpose reason for requiring current existing guides to take a certification examination
for each Sport Fish Guide Use Unit qualification examination or demonstration but this will require it.>

the examination must require demonstration that the
applicant is qualified to provide sport fishing guide-outfitter, outfitter, or assistant guide services in the
Sport Fish Guide Use Unit for which the applicant seeks to be certified and, in particular, must require
demonstration that the applicant possesses knowledge of the terrain, waters, transportation problems, fish,
and other characteristics of the Sport Fish Guide Use Unit.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?)
discriminatory Sport Fish Guide USE language is unconstitutional? There is no valid purpose for
requiring current existing guides to is qualified to provide sport fishing guide-outfitter, outfitter,
or assistant guide services for each Sport Fish Guide Use Unit but this will require it.) >
( Constitutional Violation #1 )

authorize the issuance of sport fishing guide-outfitter, outfitter, assistant guide, and transporter
licenses after the applicant for the license satisfies the requirements for the license;
impose appropriate disciplinary sanctions on a licensee under AS 08.54.600 - 08.54.790;

no such problem exists. This is a solution looking for a problem. >

require an applicant for issuance or renewal of any class of license issued under this article to state in a
written and signed document whether the applicant's right to obtain, or exercise the privileges granted by, a
sport fishing guide-outfitter, outfitter, assistant guide, or transportation license is revoked or suspended in
this state or another state or in Canada;
regularly disseminate information regarding examinations and other qualifications for all classes
of licenses described in this article;

< This clause assumes that a problem exists regarding the education and qualifications of Alaskan
sportfish guides when no such problem exists. Again, this is a solution looking for a problem. >

adopt procedural and substantive regulations required by this chapter;
provide for administration of examinations for sport fishing guide-outfitter, outfitter, and assistant
guide-outfitter licenses at least twice a year; and
meet at least twice annually.
The board may adopt regulations as the board considers appropriate to
establish a code of ethics for professions regulated by the board;
authorize the department to obtain a copy of a sport fish guide-outfitter logbooks or outfitter
service records from the Department of Fish & Game;
Establish Sport Fish Guide Use Units;

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?)
(Discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation #2 )

establish as necessary for resource conservation purposes and/or to promote economic stability
within the sport fish guide industry

< Application of Alaska's Limited Entry Constitutional language will not legally graft the sportfish
USE into Alaska's Limited Entry Amendment. Limited Entry law only applies to commercial fishing.
This has already been clearly ruled on within our courts. >
( Constitutional Violation # 3 )

the maximum number of certified licensees who may operate in a Sport Fish Guide Use Unit and

< It is unconstitutional to provide a exclusive or maximum number of licensees to operate within
or apron Alaska lands or waters, other than within commercial fishing. Within the drafters
own "sport fishing" definition, it defines sport fishing as being "the taking of or attempting to
take fish for personal use, and not for sale or barter". Alaska's Constitution specifically requires
that only commercial fishing may restrict maximum entry to a fishery. Commercial fishing
specifically attempts to take fish "for sale or barter" therefore allowing a maximum number
provision. I suggest that the reason the drafter lacks clear defination of commercial fishing
is because that defination would closely a-line commercial fishing with Alaska's Limited
Entry Amemdment and distance Alaska sport fishing from those protections.
This maximum number sport fish reference will be found to be unconstitutional. >
( Constitutional Violation # 4 )
a concessionaire program to limit participation by licensees within Sport Fish Guide Use Units.

< It is unconstitutional to provide a exclusive concessionaire program to operate within
Alaska land, waters and fisheries other than commercial fishing. >
( Alaska Constitutional Violation # 5 )

establish regulations that will bring persons who, in the past, provided sport fishing guide-operator,
assistant guide, outfitter or transporter services as defined in current statute and regulation into compliance with
new statutes and regulations pertaining to such and establish a time-frame and criteria for doing so.

Sec. 08.54.605. Eligibility for licenses.
Notwithstanding AS 08.54.610, 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person
may not receive or renew a sport fish guide-outfitter, outfitter, assistant guide, or transporter license if :
the person has been convicted of a felony offense against the person under AS 11.41, or similar
federal laws or laws of other states, or the person's right to obtain, or exercise the privileges granted by,
a sport fishing guiding, outfitting, assistant guide, or transportation services license or registration is
suspended or revoked in this state or another state or in Canada or Mexico.

convicted of a felony offense in the past.> ( Constitutional Violation # 6 )

A person may not receive a certification for a Sport Fish Guide Use Unit if the person is prohibited

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units, )
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 7 )

by (a) of this section from receiving or renewing a sport fishing guide-outfitter, outfitter, or assistant guide license.
Sec. 08.54.610. Sport fishing guide-outfitter license.
A natural person may obtain a biannual sport fishing guide-outfitter license if the person:
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a license to carry passengers for hire issued by the United States Coast Guard if the person
operates a vessel in the provision of sport fishing guide services and the license is required by the
United States Coast Guard for the area in which the sport fishing guide-outfitter provides sport fishing guide services;
holds a current sport fishing license from this state;
has passed a qualification examination for a sport fishing guide-outfitter license

< There is no valid purpose for requiring current existing guides to take a
qualification examination or demonstration to sport fish guide but this will require it anyway.)
has passed a certification examination prepared by the board for the Sport Fish Guide Use unit
( there is no valid purpose for requiring current existing guides to take a
certification examination to sport fish guide but this will require it anyway.>
in which he operates; has been licensed as and performed the services of a sport fishing assistant guide in the state
for a part of each of three years and received a favorable recommendation from at least one licensed
sport fishing guide-outfitters;
satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board.
has applied for a sport fishing guide-outfitter license on a form provided by the department and paid
the license application fee and the sport fishing guide-outfitter license fee.

< Creation of license fees without a plain need are unwarranted>
A person may not provide sport fishing guide-outfitter services unless the person holds a current
sport fishing guide-outfitter license;
A sport fishing guide-outfitter may guide or outfit sport fishing activities and may provide transportation
services, personally or through a sport fish assistant guide, to sport fishermen who are clients of the
sport fishing guide-outfitter.
A person who is licensed as a sport fishing guide-outfitter may be employed by another sport fishing
guide-outfitter to perform the functions of an assistant sport fishing guide and may operate as an
assistant sport fishing guide in any Sport Fish Guide Use Unit for which the person is certified as a

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units, )
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 8 )

sport fishing guide-outfitter under 610 (a)(6) of this chapter or as an assistant sport fishing guide
under 630(a)(6) of this Chapter.
A sport fishing guide-outfitter shall
directly provide sport fishing guide-outfitter services to clients, or
directly supervise an assistant guide who provides sport fishing assistant guide services to clients, or
directly supervise a sport fishing guide-outfitter who is not certified for the Sport Fishing
Guide Use Unit in which they are operating.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units ?
discriminatory Sport Fish Guide USE language is unconstitutional?>
( Constitutional Violation # 9 )

While engaged in providing sport fishing guide-outfitter services, a sport fishing guide-outfitter shall
have readily available for inspection upon request of a representative of the Department or a
peace officer of the state the following:
a current sport fishing guide-outfitter license;
the current licenses, tags, permits and reporting forms that are required to engage in the
sport fishery for which the sport fishing guide services are being provided;
a driver's license or similar identification card that is issued by a state or federal agency and
that bears a photograph of the sport fishing guide-outfitter;
A master sport fishing guide-outfitter license authorizes a sport fishing guide-outfitter to use the title
master sport fishing guide-outfitter, but is for all other purposes under this chapter a sport fishing
guide-outfitter license. A natural person is entitled to receive a renewable master sport fishing
guide-outfitter license if the person
is, at the time of application for a master sport fishing guide-outfitter license, currently licensed
as a sport fishing guide-outfitter under this section;
provide an affidavit certifying that they have operated in the state as a sport fishing guide-outfitter
for at least 12 of the last 15 years, including the year immediately preceding the year in
which the person applies for a master sport fishing guide-outfitter license;

< The requirement of 12 - 15 years of previous sportfish guiding and clients is a
violation of Alaska's Common Use Clause.>
( Constitutional Violation # 10 )

submits 10 letters from clients for whom the person has personally provided sport fishing
guiding or outfitting services and the person receives a favorable evaluation; and
applies for a master sport fishing guide-outfitter license on a form provided by the department
and pays the application fee, if any.

< The requirement of previous sportfish guiding and 10 clients is a violation of
Alaska's Common Use Clause.> ( Constitutional Violation # 11 )

Sec. 08.54.620. Sport fishing outfitter license
A natural person may obtain a biannual sport fishing outfitter license if the person:
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a current sport fishing license from this state;
has passed a qualification examination for a sport fishing outfitter license;

< Creation of a qualification examination without a plain need are unwarranted >

has passed a certification examination prepared by the board for the Sport Fish Guide
Use Unit in which they operate;

< Creation of a certification examination without a plain need are unwarranted >

satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board; and,
has applied for a sport fishing outfitter license on a form provided by the department and paid
the license application fee and the sport fishing outfitter license fee.

< Creation of license fees without a plain need are unwarranted >

A person may not provide sport fishing outfitter services unless the person holds a current sport fishing outfitter license;
A sport fishing outfitter may not provide sport fishing guide-outfitter services or provide transportation
services, personally or through a sport fish assistant guide.
A sport fishing outfitter shall not be physically present with the client during any portion of the sport fishing activities.

< There is absolutely no good reason for requiring guides to be physically present with clients at all the times.
This is nothing but a carry over concern originating from the Kenai River. >

A sport fishing outfitter shall provide an activity report on a form provided by the Department
of Fish and Game. An activity report must contain all information required by the Department of Fish and Game.
While engaged in providing sport fishing outfitting services, a sport fishing outfitter shall have readily available
for inspection upon request of a representative of the Department or a peace officer of the state the following:
a current sport fishing outfitter license;
a driver's license or similar identification card that is issued by a state or federal agency and that
bears a photograph of the sport fishing outfitter;
Sec. 08.54.630. Assistant sport fishing guide license.

A natural person is entitled to an assistant sport fishing guide license if the person
is a citizen of the United States, Canada, or Mexico, or is a resident alien;
is certified in first aid and CPR by the American Red Cross or a similar organization;
holds a license to carry passengers for hire issued by the United States Coast Guard if the person
operates a vessel in the provision of sport fishing guide services and the license is required by the
United States Coast Guard for the area in which the sport fishing assistant guide provides
sport fishing guide services;
holds a current sport fishing license from this state;
has passed a qualification exam for an assistant sport fishing guide license sport fish
either
passes a Sport Fish Guide Unit certification test for the unit in which they operate in, or
provides to the Department a written employment agreement from a currently licensed
sport fishing guide-outfitter who employs the sport fish assistant guide and passes a
Sport Fish Guide Unit certification test for the unit they operate in within 30 days of beginning employment.

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units?
Discriminatory Sport Fish Guide USE language is unconstitutional on its face because it attmepts to
set regular guided anglers apart from nonguided anglers when they are in fact the same USE group.>
( Constitutional Violation # 12 )

satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board; and
applies for an assistant sport fishing guide-outfitter license on a form provided by the department
and pays the license application fee and the license fee.
An assistant sport fishing guide shall be under the supervision of a currently licensed sport fishing guide-outfitter
while participating in a guided sport fishing activity.
While providing assistant sport fishing guide services, an assistant sport fishing guide shall have readily
available for inspection upon request of a representative of the Department or a peace officer of the state the following:
a current assistant sport fishing guide license;
the current licenses, tags, permits and reporting forms that are required to engage in the sport fishery
for which the assistant sport fishing guide services are being provided;
a driver's license or similar identification card that is issued by a state or federal agency and that bears
a photograph of the assistant sport fishing guide; and
proof of employment by a currently licensed sport fishing guide.
Sec. 08.54.650. Sport Fishing Transporter license.

A person is entitled to a sport fishing transporter license if the person is a licensed Big Game
transporter under AS 08.54.650 or
applies for a sport fishing transporter license on a form provided by the department; and
pays the license application fee and the license fee.
satisfies all additional requirements adopted in regulation by the Sport Fishing Guide Services Board.
A sport fishing transporter may not provide sport fishing guide-outfitter, sport fishing outfitter services,
or sport fishing assistant guide services without holding the appropriate licenses.
While providing transporting services, a sport fishing transporter shall have readily available for inspection
a current sport fishing transporter license;
a driver's license or similar identification card that is issued by a state or federal agency and that
bears a photograph of the sport fishing transporter;
Sec. 08.54.660. Renewal of sport fishing guide-outfitter, outfitter, assistant guide, and transporter licenses.

An applicant for renewal of a sport fishing guide-outfitter, outfitter, assistant guide, or transporter license shall submit
a request for renewal of the license on a form provided by the Department; and
the appropriate license fees for the next licensing period.
The department shall not renew a sport fishing guide-outfitter, outfitter, assistant guide, or transporter
license under this section unless all fees have been paid in full and the sport fishing guide-outfitter,
outfitter, assistant guide, or transporter has signed an affidavit that all required logbooks and reports
due during the term of the prior license have been filed as required
Sec. 08.54.670. Failure to renew.

The department may not issue a license to a person who held a sport fishing guide-outfitter,
outfitter, assistant guide, or transporter license and who has failed to renew the license under this
chapter for four consecutive years unless the person again meets the qualifications for initial issuance of the license.

< Failure to renew a license is not an acceptable reason to remove a citizens common use access to
Alaska's fisheries. General requirements for initial issuance are constitutional but when the
requirements become burdensome & over whelming, they become a violation of common use
public access to Alaska's Trust Fisheries Resources. This clause is unconstitutional.
The listed initial issuance qualifications are overly burdensome & overwhelming. >
( Constitutional Violation # 13 )

Sec. 08.54.680. Financial responsibility and other requirements for sport fishing guide-outfitters,
outfitters, and transporters.
The department requires satisfactory proof of sport fishing guide-outfitters, outfitters, and
transporters 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,
that provides coverage of at least $100,000 for each incident, and $300,000 for all incidents in a year;
If a sport fishing guide-outfitter, or assistant guide personally pilots an aircraft to transport clients
during the provision of sport fishing activities, the sport fishing guide-outfitter, or assistant guide
shall have a commercial pilot's rating or a minimum of 500 hours of flying time in the state.

< A 500 hour Alaska area min. to allow someone to do a fly-out, is excessive. Our standard FAA
requirements to conduct commercial flyout activities are more than sufficient to insure
proper guided sportfish angling safety. >
ARTICLE 02. ENFORCEMENT
Sec. 08.54.710. Discipline of a sport fishing guide-outfitter, outfitter, assistant guides and transporters.

The board may impose a disciplinary sanction in a timely manner under (c) of this section and in
accordance with AS08.01.075 if the board finds that a licensee;

< SFGSB disciplinary sanction enforcement? This clause assumes that a "giant problem"
exists regarding guides misbelieving when the opposite is the truth, as no such overwhelming
problem exists currently. Again, this is a solution looking for a problem. >

is convicted of a violation of any state or federal statute or regulation relating to sport fishing
or to provision of sport fishing guide, outfitter, or transportation services;
has failed to file records or reports required by law;
has negligently misrepresented or omitted a material fact on an application for any class of sport
fishing guide, outfitter or transporter license; or
has breached an agreement with a client to provide sport fishing guide-outfitter, outfitter, or
transportation services to a client.
has failed to comply with limitations or conditions of the professional practice of the licensee.

< The created an SFSGB is now going to replace our local better business bureaus and also
our free enterprise system in general? It is delusional to believe that this board would be able
to take the place of either systems.>

The board may impose a disciplinary sanction in a timely manner under (c)(3) - (7) of this section if the
board finds, after a hearing, that a licensee has acted unethically as a sport fishing guide-outfitter,
outfitter, assistant guide, or transporter.
The board may impose the following disciplinary sanctions, singly or in combination:
permanently revoke a license;
suspend a license for a specified period;
censure or reprimand a licensee;
impose limitations or conditions on the professional practice of a licensee;
impose requirements for remedial professional education to correct deficiencies in the education,
training, and skill of the licensee;
impose probation requiring a licensee to report regularly to the board on matters related to
the grounds for probation;
impose a civil fine not to exceed $5,000.
The board shall permanently revoke any license issued under this chapter if the board finds after a
hearing that the license was obtained through fraud, deceit, or misrepresentation.
A certified copy of a judgment of conviction of a licensee for an offense is conclusive evidence of the
commission of that offense in a disciplinary proceeding instituted against the licensee under this section
based on that conviction, regardless of whether the conviction resulted from a plea of nolo contendere
or the conviction is under appeal, unless the conviction is overturned on appeal.
A person whose license is suspended or revoked under this section may not engage in the provision of
sport fishing guide-outfitter, outfitter, assistant guide, or transportation services during the period of
license suspension or revocation.
If the board revokes a license under this section, the person whose license has been revoked shall
immediately surrender the license to the department.
The board may summarily suspend a licensee from practice of the profession under this chapter,
for a period of not more than 30 days, before a final hearing is held or during an appeal if the board
finds that the licensee poses a clear and immediate danger to the public health and safety. A person is
entitled to a hearing before the board to appeal the summary suspension within seven days after the
order of suspension is issued. A person may appeal an adverse decision of the board on an appeal
of summary suspension to a court of competent jurisdiction.

< The above clauses all assume that a "giant problem" exists regarding guides misbehaving
when the opposite is the truth, as no such giant problem exists currently.
Again, these are solutions looking for a problems.>

Sec. 08.54.720. Unlawful acts.

It is unlawful for a:
person who is licensed under this chapter to intentionally obstruct or hinder or attempt to obstruct
or hinder lawful sport fishing engaged in by a person who is not a client of the person;

< Non guided anglers have permanent right-of-way fisheries access over guided anglers! )
( This is a blatant Alaska Constitutional Fisheries, Common Use violation. Plainly granting
priory fisheries access to person who are not clients is a blatant Alaska Constitutional Common
Use violation.> ( Constitutional Violation # 14 )

a sport fishing assistant guide to knowingly guide or outfit sport fishing activities except while
employed and supervised by a sport fishing guide-outfitter;
person who is licensed under this chapter to knowingly enter or remain on private, state, or federal
land unlawfully during the course of providing sport fishing guide services, outfitting services or
transportation services;
sport fishing guide-outfitter to knowingly engage in providing sport fishing guide services outside
of a sport fish Guide Use Unit for which the sport fishing guide-outfitter is certified unless the
registration requirement for the Unit has been suspended by the board;

< Why do we need Sport Fish Guide Use Units when we already have adequate sport fish use units?
Discriminatory Sport Fish Guide USE language is unconstitutional on its face because it attmepts to
set regular guided anglers apart from nonguided anglers when they are in fact the same USE group.>
( Constitutional Violation # 15 )

person to knowingly guide or outfit without having a current sport fishing guide-outfitter,
outfitter or assistant guide license and a valid Alaska sport fishing license in actual possession;
sport fishing guide-outfitter to knowingly fail to comply with AS 08.54.610(e);
person who is licensed under this chapter to:
commit or aid in the commission of a violation of this chapter, a regulation adopted under
this chapter, or a state or federal sport fishing statute or regulation by the licensee or the
client of the licensee; or permit the commission by a client of the licensee of a violation of a
regulation adopted under this chapter, or a state or federal sport fishing statute or regulation that
the licensee knows or should know is being or will be committed without
attempting to prevent it, short of using force; and

< Guides currently police themselves very well along with ADF&G and Wildlife enforcement?
Does an SFGSB also then have to hire enforcement agents to watch guides or does it
just believe what ever the ADF&G and Wildlife officers says?>

promptly reporting the violation to the Department of Public Safety by the earliest
reasonable means available.

It is a completely unrealistic expectation to expect guides to report themselves or
other guide violations. This would be the equivalent of making a traffic law requiring
all drivers to monitor the speed of all other drivers and report speed violations
to the police.>
person without a current sport fishing guide-outfitter license to knowingly guide or outfit, advertise
< Illegal to advertise?> as a guide-outfitter, or represent to be a guide-outfitter;

constructed to deal with those matters.) ( A SFGSB should not be designed to replace our
current legal system. ) (The least possible government is the best government.>

person without a current master sport fishing guide-outfitter license to knowingly advertise as, or
represent to be, a master sport fishing guide-outfitter;

classification for no good reason. What is the purpose for separating regular sport fish guides
from master sport fish guides?
Since everyone has to be a master sportfish guide, how can anyone even be a regular sport fish guide?>

person without a current sport fishing outfitter license to knowingly outfit, advertise as or represent
to be a sport fishing outfitter person without a current assistant sport fishing guide license to knowingly provide
assistant sport fishing guide services;

< Illegal to advertise? Now its also illegal to run an ad unless you present a special license?
This hindrance to free commerce has no bases or reason to be imposed. We do not currently have
a problem with guides illegally advertising. If that problem develops, then the issue can be addressed.
This is an unnecessary provision.>

person without a current sport fishing guide-outfitter or transporter license to knowingly provide
transportation services, advertise as or represent to be a sport fishing transporter;
person to knowingly provide sport fishing guide-outfitter services, assistant guide services,
outfitter services or transportation services during the period for which the person's license to
provide that service is suspended or revoked;
person who is licensed as a sport fishing transporter, or who provides transportation services

< Illegal to transport? The U.S. Coast Guard already takes care of possible illegal
transport on all navigable U.S. waters. Why would an SFGSB even need to address this issue?
Is there some giant issue out there claiming that a group of sport fish guides is conducting
illegal or unethical transport? If this is true I have not heard of it.
This is a very unnecessary provision.>

under a transporter license, to knowingly accompany or direct a sport fisherman in sport
fishing activities who is a client of the person except as necessary to perform the specific duties
of transporting, embarking or disembarking sport fishermen, their equipment, or fish
harvested by sport fishermen;
In addition to disciplinary sanctions imposed under AS 08.54.710, a person who commits an offense
set out in (a) of this section, is guilty of a class A misdemeanor.
A person licensed as a sport fishing guide-outfitter who, without any culpable mental state,
violates (a)(9) of this section is guilty of a violation.
A person who, without any culpable mental state, violates AS 08.54.610(f) is guilty of a violation.
A person who knowingly violates AS 08.54.610(f) is, for a
first offense in a three-year period, guilty of a violation; and
second or subsequent offense in a three-year period, guilty of a class B misdemeanor.
In addition to any other penalty provided by law, a court may revoke a license issued under
this

< Board of Court Enforcement? The first thing you need to reconize is that we are not
dealing with a commercial fishery here. Why is this clause attempting to give our courts the
ablity to revoke a sport fish license?
What is the specific purpose for pronouncing that the courts can revoke a sport fish license?
Who is the enforcement agent here? The SFGSB, or Alaska Courts or both ? Is the drafter
attempting to claim that our current court system is legally unable to control sport fish guides?
Therefore allowing the board or the courts be able to remove these residents ablity to access
our Alaska public fisheries? If this is the intent, the intent is unconstitutional because there
are no exceptions within Alaska law, whereby a resident sport fish user may have their
access to trust fisheries resources, permanently removed, thus allowing an exclusive
fishery for the rest of the residents.
AGAIN THIS IS NOT A COMMERCIAL FISHERY we are dealing with, whereby access
may be legally granted or removed at any time. This is a Common User natural resource,
which must remain permanently accessible to all residents, when abundance exists.
There may be temporally penalties for guides or other persons, for violating the law but
those persons cannot have their access permanently barred, by revoking a SFGSB license.
The access of a resident sport fish user cannot be legally manipulation or removed by
denying them a SFGSB license. This would be like attempting to revoke a persons sport fish
license and then laying down dozes of meaningless obstacle in their path, for them regain it.
It would be a pure and simple violation of the Common Use Clause of the Alaskan Constitution.>
( Constitutional Violation # 16 )

chapter of a person who is convicted under this chapter and equipment may be seized and
forfeited in accordance with AS16.05.190-195.
Sec. 08.54.740. Responsibility of sport fishing guide, assistant guide, outfitter, or transporter for violations.

A sport fishing guide-outfitter, assistant guide, outfitter, or transporter is equally responsible under
AS 08.54.710-720 for a violation of this chapter, a regulation adopted under this chapter, or a state
or federal sport fishing statute or regulation committed by a person while in the course of the person's
employment with the sport fishing guide-outfitter, assistant guide, outfitter, or transporter.
Sec. 08.54.760. Sport Fishing Guide and Outfitter records; confidentiality of records and activity reports.

The Department of Fish & Game may collect information from sport fishing guide-outfitters including

< Why does ADF&G need permission to collect sportfish information? >

the name and license number of each vessel that is used in providing sport fishing guide services;
the amount of fishing effort, catch, and harvest by clients of a sport fishing guide-outfitter;
the locations fished during the provision of sport fishing guide services; and
other information that the Department of Fish & Game or the board requires by regulation.

The Department of Fish and Game may collect information from sport fishing outfitters and transporters

< Why does ADF&G need permission to collect sportfish information?>

A person who holds a sport fishing guide-outfitter or outfitter license issued under AS 08.54.610 shall
comply with the reporting requirements in this section.
A person who is required to complete reports under this section shall not provide false information
or omit material facts in a report.
A person who is required to complete reports under this section may not be issued a license under
AS 08.54.610 unless the Department of Fish and Game has received all reports required under
this section for the preceding year.
Information collected under this section is confidential to the extent provided under AS 16.05.815 or AS 40.25.110.
The Department of Fish and Game may adopt regulations under AS 44.62

< Why does the ADF&G need SFGSB permission to adopt regulations for sportfish issues.
It already has it? This appears to be another unnecessary clause.>

(Administrative Procedure Act) that it considers necessary to implement this section.
The Department of Fish and Game shall make sport fishing log books received under this section,

< Log book info. goes to anyone who asks) ( Why do we need log books to be available to anyone who asks?
This information can be used against the sportfish public. It should only be given out for specific
purposes and not for just a general purpose like this clause proposes.>

and activity reports received under AS 08.54.650 , available to state agencies, federal law
enforcement agencies, and other law enforcement agencies if requested for law enforcement purposes.
Forms, records, and reports required under this chapter may be distributed, received, and stored electronically.
Sec. 08.54.770. License and examination fees.

NOTE: Realistic license fees, based upon estimated program costs, will be developed and will be posted
( The creation of license fees without a plain need are unwarranted )
the for public review as soon as they are available
The department shall set fees under AS 08.01.065 for each of the following:

< mandatory fees? What for? Why do we need these licenses and there associated fees?
What overwhelming good purpose will be accomplished once these licenses are in place?
What overwhelming need will be fulfilled with these licenses? The sport fish guide industry
currently polices itself within the free enterprise system.
In general, clients return to guides who are professional and ethical. This natural selection
automatically removed from bad guides from the industry because of their lack clients.
There may be an occasional exception to this rule but it is outrageous to assume that the
creation of any Board will somehow do this job better than our current free enterprise system. >

sport fishing guide-outfitter license;
sport fishing outfitter license;
sport fishing assistant guide license;
sport fishing transporter license;
license application fee.
In setting license fees, the department shall consider the cost of reporting and reimburse the
Department of Fish and Game for costs associated with reporting.

the Guided Angler Industry and therefore "reports and information" must be collected
to correct the "great wrong".
Unfortunately the "great wrong" is not specified but the information and fee must be
collect anyway!>

The license fee for the sport fishing guide-outfitter, outfitter, or assistant guide license is in addition
to the fee required for a sport fishing license issued by the Department of Fish and Game under AS 16.05.340 .
An applicant for a qualifying examination for a sport fishing guide-outfitter license shall pay a fee
established by regulations adopted under AS 08.01.065 .
The fee for the sport fishing transporter license must be equal to the fee for the sport fishing
guide-outfitter and outfitter license.
The amount of the license fee for a nonresident shall be at least two times the amount of the
license fee for a resident and may be increased by the board by regulation.

< Since the drafter obviously appears of desire to increase restrictions on nonresidents,
why not just completely ban nonresident guided fishing? The drafter has clearly
disregarded both federal and state constitutional protections in many locations, therefore
completely removing nonresident guides is the obvious solution.>
Sec. 08.54.790. Definitions.

"board" means the Sport Fishing Guide Services Board;
"client" means a person who is a member of a fishing party that engages or uses a person to
provide sport fishing guide services and who is not a licensed sport fishing guide-outfitter or
sport fishing assistant guide;
"compensation" means payment, remuneration, and other benefits received in return for services.
"Compensation" includes wages or other employment benefits given directly or indirectly to
an individual or organization, and any dues, payments, fees, or other remuneration given
directly or indirectly to a fishing club, business, organization, or individual who provides
sport fishing guide services. "Compensation" does not include reimbursement for the
actual daily expenses for fuel, food, or bait.
"department" means the Department of Commerce, Community, and Economic Development;
"fish" means any species of aquatic finfish, invertebrate, or amphibian, in any stage of its life cycle,
found in or introduced into the state, and includes any part of such aquatic finfish, invertebrate, or amphibian;
"sport fishing equipment" means fishing rods, poles, reels, lines, bait, hooks, lures, flies, fish
attractants, landing nets, gaffs, and other equipment commonly used to take or attempt to take sport-caught fish.
"sport fishing assistant guide" means a person who, for compensation or with intent to receive
compensation, provides sport fishing guide services to clients of a licensed sport fishing
guide-outfitter during sport fishing activities.
"sport fishing outfitter services" means to provide, for compensation or with the intent to
receive compensation, vessels that are located in the water and sport fishing equipment to
persons who use them for sport fishing activities by a person who neither directs,
accompanies or is present with the sport fishermen while the sport fishing activities are occurring
"sport fishing" means the taking of or attempting to take for personal use, and not for sale or barter,
any fresh water, marine, or anadromous fish by hook and line held in the hand, or by hook and line
with the line attached to a pole or rod which is held in the hand or closely attended, or by other
means defined by the Alaska Board of Fisheries;
"sport fishing guide-outfitter" means a person who is licensed to provide sport fishing guide-outfitter
services to persons who are engaged in sport fishing;
"sport fishing guide services" means assistance, for compensation or with the intent to receive
compensation, to a person to take or to attempt to take fish by accompanying or physically directing
a person during sport fishing activities.
"Sport fishing guide services" does not include services provided by an assistant, deckhand,
or similar person who works directly under the supervision
of and on the same vessel as the sport fishing guide or assistant sport fishing guide.
"take" means taking, pursuing, fishing, or in any manner disturbing, capturing, or killing or
attempting to take, pursue, fish, or in any manner capture or kill fish;
"transportation services" means the carriage for compensation of a person, their equipment, or
fish harvested to or from sport fishing activities and advertises these services; "transportation services"
does not include the carriage by aircraft of sport fishermen, their equipment, or fish harvested
non nonstop flights between airports listed in the Alaska supplement to the Airmen's Guide
published by the Federal Aviation Administration; or
by an air taxi operator or air carrier for which the carriage of sport fishermen, their equipment,
or fish harvested is only an incidental portion of its business; in this subparagraph, "incidental"
means transportation provided to a sport fisherman by an air taxi operator or air carrier who does not
charge more than the usual tariff or charter rate for the carriage of sport fishermen,
their equipment, or fish harvested;
advertise transportation services or sport fishing activities to the public; in this
sub-subparagraph, "advertise" means soliciting sport fishermen to be customers of an
air taxi operator or air carrier for the purpose of providing air transportation for
sport fishing activities through the use of print or electronic media, including advertising
at trade shows, or the use of sport fishing broker services or other promotional services.
"vessel" means a floating craft powered, towed, rowed, or otherwise propelled, which is used for
delivering, landing, or taking fish within the jurisdiction of the state.
http://www.sf.adfg.state.ak.us/Guides/index.cfm/FA/issues.draft

Don

Web Site Design / Updates (01-20-2009 14:31:01)

jhonts — Tue, 20 Jan 2009 14:31:01 +0100

There are 1 replies, with the last one on 01/20/2009 at 14:31:01 by jhonts

Guides Day with his/her family (08-14-2008 11:51:51)

scotteggemeyer — Thu, 14 Aug 2008 11:51:51 +0100

A day with my family on the Kenai River is very special to me. Whether that is with my kids or my Dad or especially with Susi. It has come to my attention that there are some guides on the Middle River who believe this is just play fishing, even to the extreme of confronting other guides ON THE RIVER about going other places because they are "WORKING". This will not stand, we have as much right to fish the river as anyone else, no matter who is with us, as long as we are legal. So to the guides who believe they OWN part or all of the Kenai because of some birth right. Put your big girl panties on and get over it. I forget what part of the Academy covered this subject but I do not believe the terms "MY HOLES" and "PLAYFISHING" were covered, maybe the "senior" guides should look into it, or maybe they should remember that a day of fishing is not about a body count but about enjoying the greatest remaining wild river in the world.

Need a boat Towed to AK? (05-04-2008 18:26:29)

Billy and Stephanie Jones — Sun, 4 May 2008 18:26:29 +0100

Hi,
My name is Billy Jones and my wife and I will be leaving Redding CA, to drive to Homer AK on the 26th of May. We are interested in towing a boat for someone to help pay the fuel for our trip. If you are interested you can contact me at
billandsteph@gmail.com
or call 907-299-7142

NEW AND IMPROVED "FISH WAR" (04-08-2008 18:17:27)

kenai — Tue, 8 Apr 2008 18:17:27 +0100

NEW AND IMPROVED "FISH WAR"

It appears that Cook Inlet commercial fisherman are hard at it again.
They are again attempting to convince the public that poor freshwater sport fishing
has nothing to do with their relentless and in many cases, "round the clock"
gillnetting out in Cook Inlet. Commercial gillnetting has been completely
banned in most places in the United States but Cook Inlets remaining commercial
fishermen do still desperately cling to their scraggly old gillnets.
It appears that a "NEW AND IMPROVED FISH WAR" is currently brewing
because the public living in and around Anchorage has again concluded that
the reason they are not catching fish in northern Cook Inlet districts is because gillnetters
are catching millions of salmon in central Cook Inlet before those fish can reach those districts.
Anchorage sport fisherman appear to have concluded that changing the Board of Fish
composition and moving the department of Fish & Game up to Anchorage, will allow
Anchorage residents more direct access to the department and the board.
These changes are viewed as giving the average resident more control over what happens
out in Coo k Inlet. These residents are pushing Senate Bill 284 to transform the makeup
of the Alaska Board of Fisheries from a seven person board to a nine person board.
The addition of two subsistence fishing seats to the board, appears to be a direct attempt
to at least dilute the substantial control Cook Inlets commercial fishermen have exerted
over the Board of Fish in the past. This attempt appears to be focusing in on diluting
commercial fishing's control of these fisheries by pulling the people who make the decisions
closer to Anchorage and forcing the Board of Fish to carry more members who participate
in subsistence fisheries.
All in all this new "FISH WAR" appears to just be a different tentacle of the same old octopus.
Resident Alaskan's have been involved in this "FISH WAR" for many decades. Usually what
happens is that freshwater sportfishing dwindles down to almost nothing and then the public
starts firing off broadside shots at the commercial fishing industry. Senate or House bills fly
through the wind for a few months and then some "NEW" and very great "SOLUTION" is arrived at.
Then the commercial fishing industry goes into "hyper-overdrive" generating funds to support a gigantic
law suit against WHO EVER was responsible for generating the changes. These gillnetter's will continue
generating legal funds and suing everyone in sight for years until whatever changes that were made
are totally dissolved INTO OBLIVION.
End of story.

Mat-Su, Kenai fish war brewing
SPORT VS. COMMERCIAL: Legislators want more salmon for northern Inlet.
By WESLEY LOY
wloy@adn.com
Published: April 7th, 2008 12:01 AM
Last Modified: April 7th, 2008 05:00 PM
JUNEAU -- Mat-Su legislators who say people in their area are getting shortchanged
on salmon are pushing measures that could revolutionize fishery management in
Cook Inlet, the state's most popular fishing hole.

The lawmakers have rolled out a package of legislation to tilt the balance of power in
the Inlet from commercial fishermen to sport anglers and other users. And with a week
left in the legislative session, they're hoping to land something big.
"What you're seeing is a manifestation of the frustration," said Chugiak Republican Rep.
Bill Stoltze, who represents a chunk of the Matanuska-Susitna Borough.
People in Mat-Su, the state's fastest growing region, are worried salmon numbers are
dwindling in the Susitna River and other drainages and they want changes now, Stoltze said.
He along with Senate President Lyda Green, R-Wasilla, and other Mat-Su lawmakers
unveiled a trio of actions this session:
� Language in next year's state budget would close down the Department of Fish and
Game commercial and sportfish management office in Soldotna and move the staff to
Anchorage, the state's population cen- ter. Backers suggest the managers are too
close to commercial fishing interests in Soldotna.

� Green introduced Senate Bill 284 to transform the makeup of the Board of Fisheries,
which regulates commercial and sport salmon catches. The bill would change the board
from seven to nine members, with six seats reserved for sport, dipnet and subsistence
users and three for commercial fishing interests.
� Resolutions are nearing a vote in the Senate and House to create a Cook Inlet Salmon
Task Force, to be composed of 10 legislators appointed by Green and House Speaker
John Harris, R-Valdez. The task force would look at how to boost salmon returns to the
Inlet's northern reaches -- that is, the Mat-Su region -- and would explore a buyout of commercial fishermen.
The heart of the Mat-Su delegation's argument is that commercial fishermen are netting
salmon that otherwise might swim to popular northern sportfish streams.
It's an assertion commercial fishermen and some lawmakers dispute.
Both sides can point to studies and statistics to bolster their argument, but the fisheries
and the science are highly complex.
Some studies say increased sportsfishing pressure, storm water runoff and other byproducts
of Mat-Su population growth and development are ruining salmon habitat, and voracious pike also are taking a toll.
Of the three legislative items, the task force seems to have the best chance of passing this session.
Millions of salmon return from the ocean to Cook Inlet streams each summer to spawn, and
demand for the fish is intense. That's because more than half the state's population is clustered around the Inlet.
Commercial gillnetters, guides who take tourists on sportfishing trips, dipnetters and other
factions long have jockeyed for advantage in Cook Inlet's perpetual fish fight.
In the middle are the managers -- the Board of Fisheries and the state Department of Fish
and Game. Their job is to first protect the long-term health of the stocks, and then to divide
the available fish among various users.
The task force resolutions themselves are loaded with fighting words, declaring that Cook
Inlet sport and dipnet fisheries "far exceed" the value of commercial harvests, and that the
board and department are failing their duty.
Sen. Charlie Huggins, R-Wasilla, said Mat-Su residents have lost confidence in the managers.
"Our people feel like they've been abandoned by the Board of Fisheries," said Huggins, who
chairs the Senate Resources Committee.
The task force could bring out new information on how to help returns to northern streams, where
the fishing is becoming poor, he said.
Sen. Tom Wagoner, R-Kenai, objected Sunday to an attempt by Huggins to bring the task force
resolution directly to the Senate floor for a vote.
Wagoner said the resolution hadn't received a public airing in any committee. He also suggested
that commercial gillnetters aren't the problem with Mat-Su salmon returns, and that legislators
who might serve on a task force have no business trying to do a job best left to the
Board of Fisheries and the state's professional fisheries managers.
"None of us in this group are biologists," Wagoner told his colleagues.
For the resolution to come to a floor vote, it first will have to clear a gatekeeper: the
Rules Committee chaired by Sen. Gary Stevens, R-Kodiak.
Stevens wouldn't say Sunday whether he'll allow the resolution out of his committee.
But he did say he doesn't much care for the task force idea.
First, he said, lawmakers don't yet know how much task force meetings, travel and so
forth will cost. Second, Stevens said he believes the Board of Fisheries, not the Legislature,
should decide how to allocate the state's fish among users.
But Stoltze said his office has received more public feedback on salmon than any other
issue this session, and the issue can't be ignored.
"You wouldn't see this much high-level activity if there wasn't a real problem," he said.
http://www.adn.com/money/industries/fishing/story/367974.html

Find Wesley Loy online at adn.com/contact/wloy or call him in Juneau at 1-907-586-1531.
-------------------

Don Johnson
ccpwow@gci.net

Don

Documentary Proposal (04-01-2008 22:20:58)

webmaster — Tue, 1 Apr 2008 22:20:58 +0100

As a member of the Santa Clara County Fish and Game Commission, I recently came in contact with James Swan who owns a production company that focuses on environmental issues. He is currently producing a documentary on California Fish and Game wardens.

I would like to propose that the KRPGA sponsor a documentary that focuses on the issues regarding commercial fishing versus sport fishing in Cook Inlet. I would also like to see the KRSA contribute to this effort, however I have not yet contacted them.

Does anyone have any interest, thoughts or ideas on how we might fund and tailor this proposed documentary to support the sport fishing industry? I would want this to air on prime time television and perhaps even produce a DVD. I look forward to input.

Thanks in advance.