Section 16.40.261. Salt water sport fishing operator license. [Effective January 1, 2017]..

   (a) The department shall issue an annual salt water sport fishing operator license to a person who
        (1) holds a current business license under AS 43.70 to provide services to sport fishermen;
        (2) presents proof satisfactory to the department of a general liability insurance policy or marine protection and indemnity insurance policy, covering the services provided by the person and the person's employees to sport fishermen, that provides coverage of at least $100,000 for each incident and $300,000 for all incidents in a year;
        (3) pays the license fee prescribed by AS 16.05.340(a); and
        (4) satisfies all additional requirements adopted in regulation by the Board of Fisheries.
   (b) A person may not provide salt water sport fishing services unless the person is licensed and insured under (a) of this section.
   (c) A person licensed under this section may contract to provide salt water sport fishing guide services to a sport fisherman through an employee who holds a current salt water sport fishing guide license under AS 16.40.271.
   (d) A person licensed under this section may not directly provide salt water sport fishing guide services to a sport fisherman unless the person is also licensed as a salt water sport fishing guide, or a guide and operator, under AS 16.40.271.
   (e) A person licensed as a salt water sport fishing operator may not aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40, including regulations relating to the proper method to release fish, by a salt water sport fishing guide who is employed by the person or by a sport fisherman who is a client of the person.
   (f) In this section, "salt water sport fishing services" means the indirect provision of assistance, for compensation or with the intent to receive compensation, to a person engaged in sport fishing in salt water in taking or attempting to take fish or shellfish by a business that employs a salt water sport fishing guide to provide salt water sport fishing guide services to the person during any portion of a sport fishing trip on salt water; "salt water sport fishing services" does not include
        (1) an activity for which a salt water sport fishing guide license is required; or
        (2) booking and other ancillary services provided by a tour broker or agent to a salt water sport fishing operator.

Authorities

16.40.271;16.40.291;16.40.300;25.27.244

Notes

Recent Bills that will modify this

HB 41 SPORT FISHING SERVICES

References

AS 16.40.271 Salt water sport fishing guide license; combined operator and guide license. [Effective January 1, 2017]..
AS 16.40.291 Penalty. [Effective January 1, 2017]..
AS 16.40.300 Definitions. [Effective January 1, 2017]..
AS 25.27.244 Adverse action against delinquent obligor's occupational license.

History

(Sec. 3 ch 30 SLA 2016)