AS Title 8, Chapter 54: Big Game Guides and Related Occupations

Article 1. Big Game Guides and Transporters. Chapter 54. Big Game Guides and Related Occupations. Sec. 08.54.010. Guide Board. [Repealed, § 18 ch 37 SLA 1989.] Sec. 08.54.020. Appointment and term of office. [Repealed, § 49 ch 94 SLA 1987.] Secs. 08.54.030 — 08.54.141. Board powers and duties, etc.; licensing. [Repealed, § 18 ch 37 SLA 1989.] Secs. 08.54.142 — 08.54.146. Transporter licensing. [Repealed, § 27 ch 71 SLA 1986.] Secs. 08.54.150 — 08.54.180. Miscellaneous licensing provisions. [Repealed, § 18 ch 37 SLA 1989.] Sec. 08.54.185. Additional fees. [Repealed, § 27 ch 71 SLA 1986.] Secs. 08.54.186 — 08.54.240. Exams; restricted areas; prohibitions; general provisions. [Repealed, § 18 ch 37 SLA 1989.] Secs. 08.54.300 — 08.54.590. Guides and related occupations. [Repealed, § 16 ch 33, SLA 1996.] Sec. 08.54.591. Creation and membership of board. (a) For the purposes of licensing and regulating the activities of providers of commercial services to big game hunters in the interest of the state's wildlife resources, there is created the Big Game Commercial Services Board. For administrative purposes, the board is in the Department of Commerce, Community, and Economic Development. (b) The board consists of nine members as follows: (1) two members who are current, licensed registered guide-outfitters; (2) two members who are licensed transporters; (3) one member of the Board of Game who is chosen by the Board of Game and who does not hold a guide or transport license; (4) two members who represent private landholders affected by guided hunting activities or transportation services and who do not hold a license issued under this chapter; and (5) two public members. 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 commercial services to big game hunters. Sec. 08.54.600. Duties of board. (a) The board shall (1) prepare and grade (A) a qualification examination for a registered guide-outfitter license that requires demonstration that the applicant is qualified generally to provide guided and outfitted hunts and, in particular, possesses knowledge of fishing, hunting, and guiding laws and regulations; and (B) a certification examination for each game management unit in which the registered guide-outfitter intends to provide big game hunting services; the examination must require demonstration that the registered guide- outfitter is qualified to provide guided and outfitted hunts in the game management unit for which the registered guide-outfitter seeks to be certified and, in particular, must require demonstration that the registered guide-outfitter possesses knowledge of the terrain, transportation problems, game, and other characteristics of the game management unit; (2) authorize the issuance of registered guide-outfitter, master guide- outfitter, class-A assistant guide, assistant guide, and transporter licenses after the applicant for the license satisfies the requirements for the license; (3) impose appropriate disciplinary sanctions on a licensee under AS 08.54.600 — 08.54.790; (4) require an applicant for issuance or renewal of any class of guide license or of a transporter license to state in a written and signed document whether the applicant's right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is revoked or suspended in this state or another state or in Canada; (5) regularly disseminate information regarding examinations and other qualifications for all classes of guide licenses to residents of the rural areas of the state; (6) adopt procedural and substantive regulations required by this chapter; (7) provide for administration of examinations for registered guide- outfitters at least twice a year; (8) meet at least twice annually; (9) coordinate and consult with the Board of Game and the Department of Natural Resources to fulfill the duties of each under AS 16.05.262 and AS 38.05.022 . (b) The board shall provide for administration of an oral examination for a registered guide-outfitter license or for a game management unit certification if requested at the time of application for the license. (c) In addition to the regulations required under (a) of this section, the board may adopt regulations the board considers appropriate, including regulations to (1) establish a code of ethics for professions regulated by the board; (2) establish requirements for the contents of written contracts to provide big game hunting services and transportation services to clients; (3) authorize the department to request a copy of a big game hunting services or transportation services contract entered into by a person licensed under this chapter. Sec. 08.54.605. Eligibility for licenses. (a) Notwithstanding AS 08.54.610 , 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person may not receive, hold, or renew a registered guide-outfitter license, master guide-outfitter license, class-A assistant guide license, assistant guide license, or transporter license if (1) the person has been convicted of (A) a violation of a state or federal hunting, guiding, or transportation services statute or regulation for which (i) the person was imprisoned for more than five days within the previous five years; (ii) an unsuspended fine of more than $2,000 was imposed in the previous 12 months; (iii) an unsuspended fine of more than $3,000 was imposed in the previous 36 months; or (iv) an unsuspended fine of more than $5,000 was imposed in the previous 60 months; (B) a felony within the last five years; or (C) a felony offense against the person under AS 11.41 within the last 10 years; or (2) the person's right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is suspended or revoked in this state or another state or in Canada. (b) Notwithstanding (a) of this section, (a)(1)(B) and (C) of this section are not applicable to offenses committed by a person who receives or received any class of guide license or a transporter license under sec. 13, ch. 33, SLA 1996, if the offense was committed before May 23, 1996. This subsection does not apply when a person applies for a license that is different from the class of guide license or the transporter license received under sec. 13, ch. 33, SLA 1996. (c) A person may not receive a certification for a game management unit if the person is prohibited by (a) of this section from receiving or renewing a registered guide-outfitter license or master guide-outfitter license. Sec. 08.54.608. Retired status license. (a) On retiring from guiding or outfitting, or both, and on payment of an appropriate one-time fee, an individual who has held a license issued under AS 08.54.610 , 08.54.620, or 08.54.630 that has not been suspended or revoked under AS 08.54.710 may apply for a retired status license. The retired status license shall indicate whether the individual was licensed as a master guide-outfitter, registered guide-outfitter, class-A assistant guide, or assistant guide. An individual holding a retired status license may not guide, outfit, or take charge of a camp in the state under the retired status license. A retired status license is valid for the life of the license holder and does not require renewal. (b) An individual with a retired status license issued under (a) of this section may apply for a new registered guide-outfitter license under AS 08.54.610 , a new class-A assistant guide license under AS 08.54.620 , or a new assistant guide license under AS 08.54.630 . Sec. 08.54.610. Registered guide-outfitter license. (a) A natural person is entitled to a registered guide-outfitter license if the person (1) is 21 years of age or older; (2) has practical field experience in the handling of firearms, hunting, judging trophies, field preparation of meat and trophies, first aid, photography, and related guiding and outfitting activities; (3) either (A) has passed the qualification examination prepared by the board under AS 08.54.600 ; or (B) provides evidence of 25 years of experience as a class-A assistant guide or class-A assistant guide-outfitter; (4) has passed a certification examination prepared by the board under AS 08.54.600 for at least one game management unit; (5) has legally hunted big game in the state for part of each of any five years in a manner directly contributing to the person's experience and competency as a guide; (6) has been licensed as and performed the services of a class-A assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 — 08.54.590, in the state for a part of each of three years; (7) is capable of performing the essential duties associated with guiding and outfitting; (8) has been favorably recommended in writing by eight big game hunters whose recommendations have been solicited by the department from a list provided by the applicant, including at least two favorable recommendations for each year of any three years during which the person was a class-A assistant guide or assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 — 08.54.590; (9) has provided proof of financial responsibility if required by the department under AS 08.54.680 ; and (10) has applied for a registered guide-outfitter license on a form provided by the department and paid the license application fee and the registered guide-outfitter license fee. (b) A master guide-outfitter license authorizes a registered guide-outfitter to use the title master guide-outfitter, but is for all other purposes under this chapter a registered guide-outfitter license. A natural person is entitled to receive a renewable master guide-outfitter license if the person (1) is, at the time of application for a master guide-outfitter license, licensed as a registered guide-outfitter under this section; (2) has been licensed in this state as a registered guide or a guide- outfitter, under former AS 08.54.010 — 08.54.240, former AS 08.54.300 — 08.54.590, or this chapter, for at least 15 of the last 20 years, including the year immediately preceding the year in which the person applies for a master guide-outfitter license; (3) submits a list to the department of at least 45 clients for whom the person has personally provided guiding or outfitting services and the person receives a favorable evaluation from 30 of the clients selected from the list by the department; (4) has not been convicted of an offense under AS 08.54.720 (a) or a similar law in another jurisdiction related to hunting or to the provision of big game hunting or transportation services within the five years preceding the date of the application for which (A) the person was imprisoned for more than one day; or (B) an unsuspended fine of more than $1,500 was imposed; (5) has not had a hunting, guiding, outfitting, transporter, or similar license suspended or revoked in this state or another jurisdiction within the five years preceding the date of the application; and (6) applies for a master guide-outfitter license on a form provided by the department and pays the application fee, if any. (c) A registered guide-outfitter may contract to guide or outfit hunts for big game and may provide transportation services, personally or through an assistant, to big game hunters who are clients of the registered guide-outfitter. (d) Notwithstanding AS 08.54.750 , a person who is licensed as a registered guide-outfitter may be employed by another registered guide-outfitter to provide the services of (1) a class-A assistant guide in a game management unit if the registered guide-outfitter providing the services of a class-A assistant guide is able to demonstrate, to the satisfaction of the board, adequate knowledge of and experience in the game management unit; and (2) an assistant guide in any game management unit. (e) A registered guide-outfitter who contracts for a guided hunt shall be primarily in the field supervising and participating in the contracted hunt. The contracting registered guide-outfitter shall also conduct the hunt, unless the hunt, under regulations adopted by the board, is being conducted by a class-A assistant guide or a registered guide-outfitter employed by the contracting registered guide-outfitter. Sec. 08.54.620. Class-A assistant guide license. (a) A natural person is entitled to a class-A assistant guide license if the person (1) is 21 years of age or older; (2) applies for a class-A assistant guide license on a form provided by the department and pays the license application fee and the license fee; (3) possesses a current first aid card issued by the Red Cross or a similar organization; and (4) either (A) has (i) been employed during at least three calendar years as any class of licensed guide in the game management unit for which the license is sought; and (ii) at least 10 years' hunting experience in the state; military service outside of the state for not more than three years shall be accepted as part of the required 10 years' hunting experience; (B) provides (i) evidence that the person physically resides in the game management unit in which the person is to be employed; (ii) evidence that the person has had at least 15 years' hunting experience in the game management unit in which the person is to be employed; military service outside of the state for not more than three years shall be accepted as part of the required 15 years' hunting experience; and (iii) a written recommendation from a registered guide-outfitter who intends to employ the person as a class-A assistant guide; or (C) provides evidence that the person (i) physically resides in the game management unit in which the person is to be employed; (ii) has at least 10 years' hunting experience in the state; military service outside of the state for not more than three years shall be accepted as part of the required 10 years' hunting experience; and (iii) has passed a class-A assistant guide training course approved by the board. (b) A class-A assistant guide (1) may not contract to guide or outfit a big game hunt; (2) shall be employed by and under the supervision of a registered guide-outfitter who has contracted with the client for whom the class-A assistant guide is conducting the hunt; (3) may take charge of a camp and provide guide services from the camp without the contracting registered guide-outfitter being in the field and participating in the contracted hunt if the contracting registered guide-outfitter is supervising the guiding activities; (4) may not perform functions of a class-A assistant guide outside of the game management unit for which the license is issued; and (5) may be employed by a registered guide-outfitter to perform the functions of an assistant guide in any game management unit. Sec. 08.54.630. Assistant guide license. (a) A natural person is entitled to an assistant guide license if the person (1) is 18 years of age or older; (2) has legally hunted big game in the state during two calendar years; (3) possesses a first aid card issued by the Red Cross or a similar organization; (4) either (A) obtains a written recommendation from a registered guide-outfitter who intends to employ the person as an assistant guide; or (B) provides evidence that the person passed an assistant guide training course approved by the board; and (5) applies for an assistant guide license on a form provided by the department and pays the license application fee and the license fee. (b) An assistant guide (1) may not contract to guide or outfit a big game hunt; (2) shall be employed by a registered guide-outfitter and under the supervision of a registered guide-outfitter or class-A assistant guide while the assistant guide is in the field on guided hunts; and (3) may not take charge of a camp or provide guide services unless the contracting registered guide-outfitter is in the field and participating in the contracted hunt or a registered guide-outfitter or class-A assistant guide employed by the contracting guide is physically present and supervising the hunt. Sec. 08.54.635. Delegation of services; training. (a) A registered guide-outfitter who contracts to guide a big game hunt may, under regulations adopted by the board, delegate to a person not licensed under this chapter the services of (1) packing, preparing, salvaging, or caring for a client's meat; (2) packing trophies; and (3) packing camping equipment. (b) For training purposes established by the board in regulation, a person who is not licensed under this chapter may assist in providing the guide services of field preparation of trophies, stalking, pursuing, tracking, killing, or attempting to kill big game, and using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter. An unlicensed person may only assist in providing a guide service under this subsection if a licensed registered guide-outfitter, class-A assistant guide, or assistant guide is physically present and the class-A assistant guide or assistant guide is employed by and under the supervision of the registered guide-outfitter who contracted for the big game hunt. (c) A person who does not hold a license issued under this chapter may provide or assist in providing the services identified under this section only if the person meets requirements adopted by the board. A person who provides or assists in providing guide services under this section may receive compensation for providing the services. Sec. 08.54.640. Law enforcement officers and game biologists. (a) Notwithstanding AS 08.54.610 — 08.54.630 and except as provided in (b) of this section, a person may not hold, or earn experience credits to apply for, a registered guide-outfitter license under this chapter, while the person is a law enforcement officer and for three months after terminating the person's status as a law enforcement officer. (b) A registered guide-outfitter license, class-A assistant guide license, or assistant guide license issued under this chapter, or under former provisions of AS 08.54.300 — 08.54.590, after May 16, 1992, is suspended if the person to whom the license is issued subsequently becomes a law enforcement officer. A person whose license is subject to suspension under this subsection shall notify the department that the person has become a law enforcement officer within 30 days after becoming a law enforcement officer. The suspension of a license under this subsection remains in effect until three months have elapsed from the date on which the licensee provides written notification to the department of the fact that the person is no longer a law enforcement officer. A person whose license is suspended under this subsection is not required to renew the license or pay license renewal fees for the period of suspension. Once a suspension of a license is terminated, the licensee may provide, without further payment of a guide license fee, the guide services authorized by the license for the remainder of the licensing period in which the suspension is terminated. Notwithstanding other provisions of this subsection, if a person whose license is suspended under this subsection fails to notify the department within one year after the person is no longer a law enforcement officer, the person's license lapses and the person is eligible for reissuance of the license only as provided in AS 08.54.670 . The board may adopt regulations to implement this subsection. (c) A person who holds any class of guide license and who is employed by the Department of Fish and Game or a federal wildlife management agency may not, while employed by the department or agency as a game or wildlife biologist and for 12 months after leaving employment with the department or agency as a game or wildlife biologist, engage in providing big game hunting services in a game management unit in which the person conducted game or wildlife management or research activities for the department or agency at any time during the preceding 12 months. (d) In this section, “law enforcement officer” means a person who is (1) employed by the Department of Public Safety as a state trooper or as a law enforcement officer engaged in fish and wildlife protection; or (2) employed as a fish and wildlife law enforcement officer by the United States Department of the Interior or the United States Department of Agriculture. Sec. 08.54.650. Transporter license. (a) A person is entitled to a transporter license if the person (1) applies for a transporter license on a form provided by the department; and (2) pays the license application fee and the license fee. (b) A transporter may provide transportation services and accommodations to big game hunters in the field at a permanent lodge, house, or cabin owned by the transporter or on a boat with permanent living quarters located on salt water. A transporter may not provide big game hunting services without holding the appropriate license. (c) A transporter shall provide an annual activity report on a form provided by the department. An activity report must contain all information required by the board by regulation. Sec. 08.54.660. Renewal of guide and transporter licenses. (a) An applicant for renewal of a registered guide-outfitter, class-A assistant guide, assistant guide, or transporter license shall submit (1) a request for renewal of the license on a form provided by the department; and (2) the appropriate license fee for the next licensing period. (b) The department may not renew a registered guide-outfitter license under this section unless all fees have been paid in full and the registered guide-outfitter has signed an affidavit that all hunt records due during the term of the current license have been filed with the department. (c) The department may not renew a transporter license unless all fees have been paid in full and the transporter has signed an affidavit that all activity reports due during the term of the current license have been filed with the department. Sec. 08.54.670. Failure to renew. The department may not issue a license to a person who held a registered guide-outfitter, class-A assistant guide, or assistant guide 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. Sec. 08.54.680. Financial responsibility and other requirements for guides and transporters. (a) The department may require a registered guide, who contracts to guide or outfit a big game hunt, or a transporter to provide proof of financial responsibility up to the amount of $100,000. A registered guide or transporter may demonstrate financial responsibility by assets, insurance, or a bond in the requisite amount. (b) If a registered guide-outfitter, class-A assistant guide, or assistant guide personally pilots an aircraft to transport clients during the provision of big game hunting services, the registered guide-outfitter, class-A assistant guide, or assistant guide shall have a commercial pilot's rating or a minimum of 500 hours of flying time in the state. (c) On or after January 1, 2006, a registered guide-outfitter may not provide big game hunting services and a transporter may not provide transportation services unless the registered guide-outfitter or transporter has entered into a written contract with the client for the provision of those services. A contract to provide big game hunting services must include at least the following information: the name and guide license number of the registered guide-outfitter, the name of the client, a listing of the big game to be hunted, the approximate time and dates that the client will be in the field, a statement as to what transportation is provided by the registered guide-outfitter, a statement as to whether accommodations and meals in the field are provided by the registered guide-outfitter, and a statement of the amount to be paid for the big game hunting services provided. A contract to provide transportation services must include at least the following information: the name and transporter license number of the transporter, the name of the client, a listing of the big game to be hunted, the approximate time and dates that the client will be in the field, and a statement of the amount to be paid for the transportation services provided. A registered guide-outfitter or transporter shall provide a copy of contracts to provide big game hunting services or transportation services, as appropriate, to the department upon the request of the department. Except as necessary for disciplinary proceedings conducted by the board and as necessary for law enforcement purposes by the Department of Public Safety and the Department of Law, a copy of a contract provided to the department is confidential. The department may provide a copy of contracts in the possession of the department to the Department of Fish and Game or the Department of Natural Resources upon the request of that department if the department receiving the copy agrees to maintain the confidentiality of the contracts. Article 2. Enforcement. Sec. 08.54.710. Discipline of guides and transporters. (a) The board may impose a disciplinary sanction in a timely manner under (c) of this section if the board finds that a licensee (1) is convicted of a violation of any state or federal statute or regulation relating to hunting or to provision of big game hunting services or transportation services; (2) has failed to file records or reports required under this chapter; (3) has negligently misrepresented or omitted a material fact on an application for any class of guide license or a transporter license; or (4) has breached a contract to provide big game hunting services or transportation services to a client. (b) [Repealed, § 4 ch 49 SLA 2008.] (c) The board may impose the following disciplinary sanctions, singly or in combination: (1) permanently revoke a license; (2) suspend a license for a specified period; (3) censure or reprimand a licensee; (4) impose limitations or conditions on the professional practice of a licensee; (5) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee; (6) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation; (7) impose a civil fine not to exceed $5,000. (d) The board shall permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the license was obtained through fraud, deceit, or misrepresentation. (e) The board shall suspend or permanently revoke a transporter license or any class of guide license without a hearing if the court orders the board to suspend or permanently revoke the license as a penalty for conviction of an unlawful act. If the board suspends or permanently revokes a license under this subsection, the board may not also impose an administrative disciplinary sanction of suspension or permanent revocation of the same license for the same offense for which the court ordered the suspension or permanent revocation under AS 08.54.720 . (f) 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. (g) A person whose license is suspended or revoked under this section may not engage in the provision of big game hunting services or transportation services during the period of license suspension or revocation. (h) If the board revokes a license under this section, the person whose license has been revoked shall immediately surrender the license to the department. (i) [Repealed, § 4 ch 49 SLA 2008.] (j) The board may suspend or permanently revoke a transporter license or any class of guide license if the board finds after a hearing that the licensee engaged in conduct involving unprofessionalism, moral turpitude, or gross immorality. (k) The board shall revoke the master guide-outfitter license of a person (1) whose right to obtain or exercise the privileges granted by a hunting, guiding, outfitting, or transportation services license is suspended or revoked in another state or in Canada; or (2) who is convicted of a violation of any state or federal law or regulation related to hunting or the provision of big game hunting or transportation services for which (A) the person is imprisoned for more than one day; or (B) an unsuspended fine of more than $1,500 is imposed. (l) The board may issue a registered guide-outfitter license to a person whose master guide-outfitter license is revoked under (k) of this section. Sec. 08.54.720. Unlawful acts. (a) It is unlawful for a (1) person who is licensed under this chapter to knowingly fail to promptly report, unless a reasonable means of communication is not reasonably available, to the Department of Public Safety, and in no event later than 20 days, a violation of a state or federal wildlife or game, guiding, or transportation services statute or regulation that the person reasonably believes was committed by a client or an employee of the person; (2) person who is licensed under this chapter to intentionally obstruct or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who is not a client of the person; (3) class-A assistant guide or an assistant guide to knowingly guide a big game hunt except while employed and supervised by a registered guide-outfitter; (4) person who holds any class of guide license or transporter license to knowingly enter or remain on private, state, or federal land without prior authorization during the course of providing big game hunting services or transportation services; (5) registered guide-outfitter to knowingly engage in providing big game hunting services outside of (A) a game management unit for which the registered guide-outfitter is certified; or (B) a use area for which the registered guide-outfitter is registered under AS 08.54.750 unless the registration requirement for the area has been suspended by the Department of Fish and Game; (6) person to knowingly guide without having a current registered guide-outfitter, class-A assistant guide, or assistant guide license and a valid Alaska hunting license in actual possession; (7) registered guide-outfitter to knowingly fail to comply with AS 08.54.610 (e); (8) person who is licensed under this chapter to knowingly (A) commit or aid in the commission of a violation of this chapter, a regulation adopted under this chapter, or a state or federal wildlife or game statute or regulation; or (B) permit the commission of a violation of this chapter, a regulation adopted under this chapter, or a state or federal wildlife or game statute or regulation that the person knows or reasonably believes is being or will be committed without (i) attempting to prevent it, short of using force; and (ii) reporting the violation; (9) person without a current registered guide-outfitter license to knowingly guide, advertise as a registered guide-outfitter, or represent to be a registered guide-outfitter, except as provided by AS 08.54.635 ; (10) person without a current master guide-outfitter license to knowingly advertise as, or represent to be, a master guide-outfitter; (11) person without a current registered guide-outfitter license to knowingly outfit a big game hunt, provide outfitting services, advertise as an outfitter of big game hunts, or represent to be an outfitter of big game hunts; (12) person to knowingly provide transportation services to big game hunters without holding a current registered guide-outfitter license or transporter license; (13) person without a current transporter license to knowingly advertise as, or represent to be, a transporter; (14) class-A assistant guide or an assistant guide to knowingly contract to guide or outfit a hunt; (15) person licensed under this chapter to knowingly violate a state statute or regulation prohibiting waste of a wild food animal or hunting on the same day airborne; (16) person to knowingly provide big game hunting services or transportation services during the period for which the person's license to provide that service is suspended or revoked; (17) registered guide-outfitter, except in the defense of life or property, to knowingly personally take (A) big game while accompanying a client in the field; or (B) a species of big game if the registered guide-outfitter is under contract with a client to provide a guided hunt for that species of big game and the client is in the field; (18) person who is licensed as a registered guide-outfitter, a class-A assistant guide, or an assistant guide, except in the defense of life or property, to knowingly personally take big game while a client of the registered guide-outfitter by whom the person is employed is in the field unless the person is not participating in, supporting, or otherwise assisting in providing big game hunting services to a client of the registered guide-outfitter by whom the person is employed; or (19) person who is licensed as a transporter, or who provides transportation services under a transporter license, to knowingly accompany or remain in the field with a big game hunter who is a client of the person except as necessary to perform the specific duties of embarking or disembarking big game hunters, their equipment, or big game animals harvested by hunters; this paragraph does not apply to a person who holds both a transporter license and a registered guide-outfitter license issued under this chapter when the person has a contract to provide guiding services for the client. (b) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(1) — (7), (17), (18), or (19) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $10,000 or by imprisonment up to one year, or both. (c) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(8) — (14) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both. (d) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(15) of this section is guilty, (1) for a first offense, of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both; (2) for a second or subsequent offense, of a class C felony. (e) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who violates (a)(16) of this section is guilty of a class C felony. (f) In addition to the penalties set out in (b) — (e) of this section and a disciplinary sanction imposed under AS 08.54.710 , (1) the court may order the board to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(1), (3) — (5), (7), (8), (17), (18), or (19) of this section for a specified period of not more than three years; (2) the court shall order the board to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(2) or (9) — (14) of this section for a specified period of not less than one year and not more than five years; (3) the court shall order the board to suspend the guide license or transporter license for a specified period of not less than three years, or to permanently revoke the guide license or transporter license, of a person who commits an offense set out in (a)(15) or (16) of this section; and (4) all guns, fishing tackle, boats, aircraft, automobiles, or other vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a violation of (a) of this section may be seized by persons authorized to enforce this chapter and may be forfeited to the state as provided under AS 16.05.195 . (g) Upon conviction of a person for committing an offense set out in (a) of this section, the execution of sentence may not be suspended and probation may not be granted except on the condition that the minimum term of imprisonment is served. Imposition of sentence may not be suspended. Sec. 08.54.730. Injunction against unlawful action. When, in the judgment of the board, a person has engaged in an act in violation of AS 08.54.620 (b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the regulations adopted under these statutes, the board may apply to the appropriate court for an order enjoining the action. Upon a showing by the board that the person is engaging in the act, the court shall grant injunctive relief or other appropriate order without bond. Sec. 08.54.740. Responsibility of guide or transporter for violations. (a) A registered guide-outfitter who contracts to guide or outfit a big game hunt is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife or game or guiding statute or regulation committed by a person while the person provides guide services for the guide-outfitter under AS 08.54.635 or during the course of the person's employment for the registered guide-outfitter. (b) A transporter who provides transportation services is equally responsible under AS 08.54.710 for a violation of a state or federal wildlife or game, guiding, or transportation services statute or regulation committed by a person while in the course of the person's employment for the transporter. Sec. 08.54.750. Use area registration. (a) At least 30 days before conducting big game hunting services within a guide use area, a registered guide-outfitter shall inform the department, in person or by registered mail on a registration form provided by the department, that the guide-outfitter will be conducting big game hunting services in the use area. A registered guide-outfitter may not withdraw or amend a guide use area registration during the calendar year in which the registration was submitted to the department. (b) A registered guide-outfitter may not register for, or conduct big game hunting services in, (1) more than three guide use areas during a calendar year; or (2) a guide use area that is outside of a game management unit for which the registered guide-outfitter is certified under AS 08.54.600 . (c) Notwithstanding (a) and (b) of this section, a registered guide-outfitter may register to conduct big game hunting services within a guide use area at any time before beginning operations in the guide use area and may conduct big game hunting services in a guide use area, or for a big game species in a guide use area, that is not one of the three guide use areas for which the registered guide-outfitter has registered under (b) of this section if the Department of Fish and Game has determined by regulation that it is in the public interest to suspend the registration requirements for that guide use area or for all guide use areas in a game management unit or game management subunit for a big game species within those guide use areas. (d) Notwithstanding (b) of this section, a registered guide-outfitter who is registered in three guide use areas may also register for and conduct big game hunting services in a portion of one additional guide use area on federal land adjacent to a guide use area in which the registered guide-outfitter is already registered if the board finds that the portion of the adjacent guide use area for which the registered guide-outfitter is seeking to be registered would otherwise remain unused by a registered guide-outfitter because the boundaries of guide use areas do not coincide with boundaries of federal big game guide concession or permit areas. (e) Notwithstanding (b) of this section, a registered guide-outfitter who is registered in three guide use areas may also register for and conduct big game hunting services for wolf, black bear, brown bear, or grizzly bear in guide use areas within a game management unit or portion of a game management unit where the Board of Game has identified predation by wolf, black bear, brown bear, or grizzly bear as a cause of the depletion of a big game prey population or a reduction of the productivity of a big game prey population that is the basis for the establishment of an intensive management program in the game management unit or portion of the game management unit or for the declaration of the biological emergency in the game management unit or portion of the game management unit. A registered guide-outfitter may only conduct hunts in a guide use area under this subsection for the big game species identified by the Board of Game as the cause of the depletion or reduction of productivity of a big game prey population. (f) At least 60 days before providing transportation services to, from, or in an area as may be determined by the board, a transporter shall inform the department, in person or by registered mail on a registration form provided by the department, that the transporter will be providing transportation services to, from, or in the use area. The board may establish transporter use areas and adopt regulations to implement this subsection as the board considers necessary. (g) In this section, “guide use area” means a geographic area of the state identified as a guide-outfitter use area by the former Big Game Commercial Services Board established under former AS 08.54.300 and described on a set of maps titled Guide-Outfitter Use Area Maps, dated June 22, 1994, as amended by the board as the board considers necessary. Sec. 08.54.760. Hunt records; confidentiality of hunt records and activity reports. (a) The department shall collect and maintain hunt records provided by a registered guide-outfitter. A registered guide-outfitter shall submit to the department a hunt record for each contracted hunt within 60 days after the completion of the hunt. A hunt record must include a list of all big game hunters who used the guiding or outfitting services of the registered guide-outfitter, the number of each big game species taken, and other information required by the board. The department shall provide forms for reporting hunt records. (b) Except as otherwise provided in this subsection, hunt records received under this section and activity reports received under AS 08.54.650 are confidential and not subject to inspection or copying under AS 40.25.110 — 40.25.125. Aggregated data compiled from hunt records and activity reports may be included in reports by the department. The department shall make hunt records and activity reports available (1) if requested, to state agencies, federal law enforcement agencies, and other law enforcement agencies; and (2) to a municipality that levies a tax on those activities, if the (A) information concerns hunts or activities occurring within the four calendar years preceding the date of the request; and (B) municipality (i) requests the records for the purpose of verifying taxes payable; and (ii) agrees to maintain the confidentiality of the records. (c) Forms, records, and reports required under this chapter may be distributed, received, and stored electronically. (d) The department may charge a municipality a fee, set by the department under AS 37.10.050 , to provide a record under (b)(2) of this section. Sec. 08.54.770. License and examination fees. (a) The department shall set fees under AS 08.01.065 for each of the following: (1) registered guide-outfitter license; (2) class-A assistant guide license; (3) assistant guide license; (4) transporter license; (5) retired status license; (6) license application fee. (b) The license fee for the registered guide-outfitter, class-A assistant guide, or assistant guide license is in addition to the fee required for a hunting license issued by the Department of Fish and Game under AS 16.05.340 . (c) An applicant for a qualifying examination for a registered guide-outfitter license shall pay a fee established by regulations adopted under AS 08.01.065 . (d) The fee for the transporter license must be equal to the fee for the registered guide-outfitter license. (e) The amount of the license fee for a nonresident shall be two times the amount of the license fee for a resident. Sec. 08.54.785. Chapter not applicable. The provisions of this chapter do not apply to a person providing, for compensation or with the intent to receive compensation, only accommodations to a big game hunter in the field at (1) a permanent lodge, house, or cabin on private land owned by the person; or (2) a state or federal cabin on state or federal land. Sec. 08.54.790. Definitions. In this chapter, (1) “any class of guide license” does not include a retired status license issued under AS 08.54.608 ; (2) “big game” means brown bear, grizzly bear, caribou, moose, black bear, bison, Sitka blacktail deer, elk, mountain goat, musk ox, and mountain or Dall sheep; “big game” includes wolf and wolverine when taken under hunting regulations; (3) “big game hunting service” means a service for which the provider of the service must obtain a registered guide-outfitter, class-A assistant guide, or assistant guide license; “big game hunting service” includes guiding services and outfitting services; (4) “board” means the Big Game Commercial Services Board; (5) “compensation” means payment for services including wages or other remuneration but not including reimbursement for actual expenses incurred; (6) “department” means the Department of Commerce, Community, and Economic Development; (7) “field” means an area outside of established year-round dwellings, businesses, or other developments associated with a city, town, or village; “field” does not include permanent hotels or roadhouses on the state road system or state or federally maintained airports; (8) “game management unit” means one of the 26 geographic areas defined by the Board of Game for game management purposes; (9) “guide” means to provide, for compensation or with the intent or with an agreement to receive compensation, services, equipment, or facilities to a big game hunter in the field by a person who accompanies or is present with the big game hunter in the field either personally or through an assistant; in this paragraph, “services” includes (A) contracting to guide or outfit big game hunts; (B) stalking, pursuing, tracking, killing, or attempting to kill big game; (C) packing, preparing, salvaging, or caring for meat, except that which is required to properly and safely load the meat on the mode of transportation being used by a transporter; (D) field preparation of trophies, including skinning and caping; (E) selling, leasing, or renting goods when the transaction occurs in the field; (F) using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter; and (G) providing camping or hunting equipment or supplies that are already located in the field; (10) “licensee” means a person to whom a license, other than a retired status license, has been issued under this chapter;

(11) “outfit” means to provide, for compensation or with the intent to receive compensation, services, supplies, or facilities, excluding the provision of accommodations by a person described in AS 08.54.785 , to a big game hunter in the field, by a person who neither accompanies nor is present with the big game hunter in the field either personally or by an assistant; (12) “transportation services” means the carriage for compensation of big game hunters, their equipment, or big game animals harvested by hunters to, from, or in the field; “transportation services” does not include the carriage by aircraft of big game hunters, their equipment, or big game animals harvested by hunters (A) on nonstop flights between airports listed in the Alaska supplement to the Airmen's Guide published by the Federal Aviation Administration; or (B) by an air taxi operator or air carrier for which the carriage of big game hunters, their equipment, or big game animals harvested by hunters is only an incidental portion of its business; in this subparagraph, “incidental” means transportation provided to a big game hunter by an air taxi operator or air carrier who does not (i) charge more than the usual tariff or charter rate for the carriage of big game hunters, their equipment, or big game animals harvested by hunters; or (ii) advertise transportation services or big game hunting services to the public; in this sub-subparagraph, “advertise” means soliciting big game hunters to be customers of an air taxi operator or air carrier for the purpose of providing air transportation to, from, or in the field through the use of print or electronic media, including advertising at trade shows, or the use of hunt broker services or other promotional services.