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kenai
Starting Member
USA
17 Posts |
 Posted - 03/27/2009 : 18:25:48
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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;
<This clause assumes massive guide - outfitters, assistant guide and transporter problem statewide and
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.
<It is unconstitutional to bar Alaskan residents from accessing fisheries resources because they have been
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.
<Does this mean that guides must then report on themselves and their client?
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;
<What is the problem here? If you are dealing with guides lying, our courts have already been
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;
<What is this? The State currently has no master sport fish guide license so it must create this
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.
<These Master Guide Licenses assume that there is currently something wrong with
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
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An Alaska Sport Fish Guide Service Board?
