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2 | 2 | | SB0097A -1- SB 97 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0445\A |
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11 | 11 | | SENATE BILL NO. 97 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY THE SENATE RULES COMMITTEE |
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18 | 18 | | |
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19 | 19 | | Introduced: 2/12/25 |
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20 | 20 | | Referred: Resources, Finance |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act establishing a big game guide concession area permit program on land in the 1 |
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28 | 28 | | state; relating to the duties of the Big Game Commercial Services Board, the Board of 2 |
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29 | 29 | | Game, the Department of Fish and Game, and the Department of Natural Resources; 3 |
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30 | 30 | | requiring the Board of Game to establish an initial big game guide concession area; and 4 |
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31 | 31 | | providing for an effective date." 5 |
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32 | 32 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 |
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33 | 33 | | * Section 1. AS 08.54.600(a) is amended by adding a new paragraph to read: 7 |
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34 | 34 | | (10) coordinate and consult with the Board of Game and the 8 |
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35 | 35 | | Department of Natural Resources to fulfill the duties of each under AS 16.05.263 and 9 |
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36 | 36 | | AS 38.05.021. 10 |
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37 | 37 | | * Sec. 2. AS 16.05 is amended by adding a new section to read: 11 |
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38 | 38 | | Sec. 16.05.263. Establishment of big game guide concession areas. (a) The 12 |
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39 | 39 | | Board of Game shall consider and approve or disapprove a proposal to establish a big 13 34-LS0445\A |
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40 | 40 | | SB 97 -2- SB0097A |
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41 | 41 | | New Text Underlined [DELETED TEXT BRACKETED] |
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42 | 42 | | |
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43 | 43 | | game guide concession area that would be administered by the Department of Natural 1 |
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44 | 44 | | Resources under AS 38.05.021 in a single game management unit or subunit. The 2 |
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45 | 45 | | board may only establish a big game guide concession area by approving a proposal 3 |
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46 | 46 | | submitted under this section to do so. A big game guide may conduct a hunt in a 4 |
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47 | 47 | | concession area established under this section only if the guide holds a big game guide 5 |
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48 | 48 | | concession area permit issued under AS 38.05.021. 6 |
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49 | 49 | | (b) A person may submit a proposal to the Board of Game for the 7 |
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50 | 50 | | establishment of a big game guide concession area. After providing 15 days' public 8 |
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51 | 51 | | notice, the board may consider the proposal at the board's next regular meeting in the 9 |
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52 | 52 | | region where the big game guide concession area is proposed. 10 |
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53 | 53 | | (c) After taking public comment, the Board of Game, in consultation with the 11 |
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54 | 54 | | Department of Fish and Game, the Department of Natural Resources, and the Big 12 |
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55 | 55 | | Game Commercial Services Board established under AS 08.54.591, may approve a 13 |
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56 | 56 | | proposal to establish a big game guide concession area if the board determines that 14 |
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57 | 57 | | establishing the area 15 |
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58 | 58 | | (1) supports the conservation and management of the state's land and 16 |
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59 | 59 | | big game resources; 17 |
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60 | 60 | | (2) aids in the enforcement of state statutes and regulations relating to 18 |
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61 | 61 | | guided hunts for big game; and 19 |
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62 | 62 | | (3) is in the public interest. 20 |
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63 | 63 | | (d) If the Board of Game approves the establishment of a big game guide 21 |
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64 | 64 | | concession area under this section, the board shall determine the number of full big 22 |
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65 | 65 | | game guide concession area permits and limited big game guide concession area 23 |
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66 | 66 | | permits that the Department of Natural Resources shall make available under 24 |
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67 | 67 | | AS 38.05.021. To determine the number of full big game guide concession area 25 |
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68 | 68 | | permits and limited big game guide concession area permits that should be issued for a 26 |
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69 | 69 | | big game guide concession area and the specific authorizations that should attach to 27 |
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70 | 70 | | each concession permit authorized for the area, the Board of Game 28 |
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71 | 71 | | (1) may establish advisory boards composed of representatives of the 29 |
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72 | 72 | | state departments and boards listed in (c) of this section who are familiar with the area 30 |
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73 | 73 | | and interested members of the public to assist the board in making the determination; 31 34-LS0445\A |
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74 | 74 | | SB0097A -3- SB 97 |
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75 | 75 | | New Text Underlined [DELETED TEXT BRACKETED] |
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76 | 76 | | |
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77 | 77 | | (2) may not 1 |
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78 | 78 | | (A) combine more than three existing guide use areas into a 2 |
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79 | 79 | | single big game guide concession area; 3 |
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80 | 80 | | (B) establish more than one big game guide concession area in 4 |
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81 | 81 | | a single guide use area. 5 |
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82 | 82 | | (e) In this section, 6 |
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83 | 83 | | (1) "full big game guide concession area permit" has the meaning 7 |
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84 | 84 | | given in AS 38.05.021(j); 8 |
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85 | 85 | | (2) "game management unit" has the meaning given in AS 08.54.790; 9 |
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86 | 86 | | (3) "guide use area" has the meaning given in AS 08.54.750(g); 10 |
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87 | 87 | | (4) "limited big game guide concession area permit" has the meaning 11 |
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88 | 88 | | given in AS 38.05.021(j). 12 |
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89 | 89 | | * Sec. 3. AS 38.05 is amended by adding a new section to read: 13 |
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90 | 90 | | Sec. 38.05.021. Big game guide concession area permit program. (a) The 14 |
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91 | 91 | | commissioner shall implement a big game guide concession area permit program to 15 |
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92 | 92 | | limit the number of individuals authorized to conduct big game guiding on land in the 16 |
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93 | 93 | | state where the Board of Game has approved the establishment of a big game guide 17 |
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94 | 94 | | concession area under AS 16.05.263. 18 |
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95 | 95 | | (b) The commissioner shall administer the big game guide concession area 19 |
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96 | 96 | | permit program to 20 |
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97 | 97 | | (1) encourage conservation of the state's land and wildlife resources; 21 |
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98 | 98 | | (2) provide a superior hunting experience to individuals who retain big 22 |
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99 | 99 | | game guiding services by limiting the number of guided hunts occurring in the same 23 |
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100 | 100 | | area; 24 |
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101 | 101 | | (3) reduce user conflicts between big game guides and between big 25 |
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102 | 102 | | game guides and other users of land in the state; 26 |
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103 | 103 | | (4) ensure a responsible, professional, and economically healthy big 27 |
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104 | 104 | | game guide guiding industry in the state; and 28 |
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105 | 105 | | (5) incentivize long-term planning and the conservation of natural 29 |
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106 | 106 | | resources by big game guides. 30 |
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107 | 107 | | (c) The department shall issue full big game guide concession area and limited 31 34-LS0445\A |
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108 | 108 | | SB 97 -4- SB0097A |
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109 | 109 | | New Text Underlined [DELETED TEXT BRACKETED] |
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110 | 110 | | |
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111 | 111 | | big game guide concession area permits for a big game guide concession area 1 |
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112 | 112 | | established by the Board of Game under AS 16.05.263 in an open, public, and 2 |
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113 | 113 | | competitive process. The department shall establish permit standards and scoring 3 |
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114 | 114 | | criteria, but may not provide that a permit be issued based on the highest bid amount. 4 |
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115 | 115 | | A big game guide may not hold more than three concession permits at a time for state 5 |
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116 | 116 | | land issued under this subsection and is subject to the requirements of AS 08.54.750. 6 |
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117 | 117 | | A concession permit issued under this subsection is valid for 10 years from the date 7 |
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118 | 118 | | issued. A concession permit issued under this subsection may not be extended or 8 |
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119 | 119 | | renewed without the same open and competitive process provided by the department 9 |
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120 | 120 | | for the issuance of a concession permit under this subsection. 10 |
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121 | 121 | | (d) The commissioner, in consultation with the Big Game Commercial 11 |
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122 | 122 | | Services Board established under AS 08.54.591, the Board of Game, and the 12 |
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123 | 123 | | Department of Fish and Game, shall adopt regulations necessary to establish and 13 |
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124 | 124 | | administer the big game guide concession area permit program, including regulations 14 |
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125 | 125 | | relating to 15 |
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126 | 126 | | (1) the qualifications for a full big game guide concession area permit 16 |
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127 | 127 | | or a limited big game guide concession area permit; 17 |
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128 | 128 | | (2) the process for issuing full big game guide concession area permits 18 |
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129 | 129 | | and limited big game guide concession area permits and the scope and authorizations 19 |
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130 | 130 | | provided by each permit; 20 |
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131 | 131 | | (3) the determination and collection of reasonable concession permit 21 |
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132 | 132 | | fees; in determining reasonable concession permit fees, the commissioner shall 22 |
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133 | 133 | | consider the following: 23 |
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134 | 134 | | (A) fees paid by big game guides holding similar concession 24 |
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135 | 135 | | permits in other jurisdictions; 25 |
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136 | 136 | | (B) the number and type of concession permits issued for a big 26 |
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137 | 137 | | game guide concession area. 27 |
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138 | 138 | | (e) Subject to the approval of the commissioner, a big game guide who holds a 28 |
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139 | 139 | | concession permit under this section may, during the term of the permit, transfer the 29 |
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140 | 140 | | concession permit to another individual qualified under regulations adopted under this 30 |
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141 | 141 | | section. In approving or disapproving the transfer of a permit, the commissioner shall 31 34-LS0445\A |
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142 | 142 | | SB0097A -5- SB 97 |
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143 | 143 | | New Text Underlined [DELETED TEXT BRACKETED] |
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144 | 144 | | |
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145 | 145 | | consider the circumstances of the proposed transfer and whether the transfer will 1 |
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146 | 146 | | promote the principles listed in (b) of this section. 2 |
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147 | 147 | | (f) The commissioner, in consultation with the Big Game Commercial 3 |
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148 | 148 | | Services Board established under AS 08.54.591, the Board of Game, and the 4 |
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149 | 149 | | Department of Fish and Game, may suspend or revoke a concession permit issued 5 |
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150 | 150 | | under this section. If a permittee violates the terms of a concession permit issued under 6 |
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151 | 151 | | this section, the commissioner may suspend or revoke the concession permit after 7 |
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152 | 152 | | providing the permittee with written notice and an opportunity to be heard. 8 |
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153 | 153 | | (g) The commissioner shall keep confidential information provided by the Big 9 |
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154 | 154 | | Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any 10 |
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155 | 155 | | propriety information, confidential commercial information, or confidential financial 11 |
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156 | 156 | | information used by the department in the course of approving or denying an 12 |
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157 | 157 | | application for a big game guide concession area permit offered under this section. 13 |
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158 | 158 | | (h) The commissioner is responsible for administration and enforcement of 14 |
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159 | 159 | | this section and may delegate that authority as appropriate. The department may issue 15 |
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160 | 160 | | a citation for a violation of this section or a regulation adopted under this section. 16 |
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161 | 161 | | (i) In issuing a full big game guide concession area permit or limited big game 17 |
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162 | 162 | | guide concession area permit under this section, the commissioner, in consultation 18 |
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163 | 163 | | with the Big Game Commercial Services Board established under AS 08.54.591, the 19 |
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164 | 164 | | Board of Game, the Department of Fish and Game, and private landowners who own 20 |
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165 | 165 | | 5,000 or more acres of land in the game management unit where a concession program 21 |
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166 | 166 | | is established shall consider each applicant's professional history and reputation, in 22 |
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167 | 167 | | addition to other applicable criteria in the process required by (c) of this section. 23 |
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168 | 168 | | (j) In this section, 24 |
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169 | 169 | | (1) "concession permit" means a permit granting a big game guide the 25 |
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170 | 170 | | right to conduct commercial big game hunts on land within a geographic area defined 26 |
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171 | 171 | | by the department; 27 |
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172 | 172 | | (2) "full big game guide concession area permit" means a concession 28 |
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173 | 173 | | permit made available by the department through a competitive process that limits the 29 |
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174 | 174 | | number of clients that a permit holder may provide big game guided hunts to in the 30 |
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175 | 175 | | area and limits the species the permit holder may provide guided hunts for in the 31 34-LS0445\A |
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176 | 176 | | SB 97 -6- SB0097A |
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177 | 177 | | New Text Underlined [DELETED TEXT BRACKETED] |
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178 | 178 | | |
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179 | 179 | | concession area; 1 |
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180 | 180 | | (3) "limited big game guide concession area permit" means a 2 |
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181 | 181 | | concession permit made available by the department through a random draw 3 |
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182 | 182 | | application process that provides more restrictive limitations than a full big game 4 |
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183 | 183 | | guide concession area permit on the number of clients that a permit holder may 5 |
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184 | 184 | | provide big game guided hunts to in the area and limits the species the permit holder 6 |
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185 | 185 | | may provide guided hunts for in the concession area. 7 |
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186 | 186 | | * Sec. 4. AS 08.54.600(a)(9); AS 16.05.262; and AS 38.05.022 are repealed. 8 |
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187 | 187 | | * Sec. 5. Sections 46 and 48, ch. 15, SLA 2024, are repealed. 9 |
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188 | 188 | | * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 |
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189 | 189 | | read: 11 |
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190 | 190 | | INITIAL BIG GAME GUIDE CONCESSION AREA AND PERMIT PROGRAM. 12 |
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191 | 191 | | (a) Notwithstanding AS 16.05.263, added by sec. 2 of this Act, the Board of Game shall 13 |
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192 | 192 | | establish the initial big game guide concession area under this section. In establishing the 14 |
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193 | 193 | | initial concession area under this section, the Board of Game, after taking public comment 15 |
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194 | 194 | | and in consultation with the Big Game Commercial Services Board established under 16 |
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195 | 195 | | AS 08.54.591, the Department of Fish and Game, and the Department of Natural Resources, 17 |
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196 | 196 | | shall identify and select a single game management unit or subunit that the Board of Game 18 |
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197 | 197 | | determines would benefit most from the establishment of a big game guide concession area 19 |
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198 | 198 | | permit program under AS 38.05.021, added by sec. 3 of this Act, in consideration of the 20 |
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199 | 199 | | principles of AS 38.05.021(b), added by sec. 3 of this Act. The Board of Game shall 21 |
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200 | 200 | | determine the number of full big game guide concession area permits and limited big game 22 |
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201 | 201 | | guide concession area permits that the Department of Natural Resources shall make available 23 |
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202 | 202 | | in the initial big game guide concession area established under this section and the specific 24 |
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203 | 203 | | authorizations that should attach to each concession permit authorized under this subsection 25 |
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204 | 204 | | for the area using the process provided in AS 16.05.263(d), added by sec. 2 of this Act. 26 |
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205 | 205 | | (b) Notwithstanding the requirement in AS 38.05.021(a) and (c), added by sec. 3 of 27 |
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206 | 206 | | this Act, that the Board of Game approve the establishment of the area under AS 16.05.263, 28 |
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207 | 207 | | added by sec. 2 of this Act, the Department of Natural Resources shall establish and 29 |
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208 | 208 | | administer a big game guide concession area permit program under AS 38.05.021, added by 30 |
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209 | 209 | | sec. 3 of this Act, in the game management unit or subunit selected by the Board of Game 31 34-LS0445\A |
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210 | 210 | | SB0097A -7- SB 97 |
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211 | 211 | | New Text Underlined [DELETED TEXT BRACKETED] |
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212 | 212 | | |
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213 | 213 | | under (a) of this section. 1 |
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214 | 214 | | (c) In this section, 2 |
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215 | 215 | | (1) "concession permit" means a permit granting a big game guide the right to 3 |
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216 | 216 | | conduct commercial big game hunts on land within the boundaries of the region selected by 4 |
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217 | 217 | | the Board of Game under (a) of this section; 5 |
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218 | 218 | | (2) "full big game guide concession area permit" has the meaning given in 6 |
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219 | 219 | | AS 38.05.021(j); 7 |
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220 | 220 | | (3) "game management unit" has the meaning given in AS 08.54.790; 8 |
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221 | 221 | | (4) "limited big game guide concession area permit" has the meaning given in 9 |
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222 | 222 | | AS 38.05.021(j). 10 |
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223 | 223 | | * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 11 |
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224 | 224 | | read: 12 |
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225 | 225 | | TRANSITION. Notwithstanding the effective date of AS 16.05.263, added by sec. 2 13 |
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226 | 226 | | of this Act, the Board of Game may only accept and consider a proposal to establish a big 14 |
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227 | 227 | | game guide concession area under AS 16.05.263, added by sec. 2 of this Act, if 15 |
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228 | 228 | | (1) the Board of Game has established the concession area required under sec. 16 |
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229 | 229 | | 2 of this Act; and 17 |
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230 | 230 | | (2) the Department of Natural Resources has implemented and administered a 18 |
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231 | 231 | | big game guide concession area permit program in the concession area established under sec. 19 |
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232 | 232 | | 2 of this Act for a period of at least three years, notwithstanding the requirement in 20 |
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233 | 233 | | AS 38.05.021(a) and (c), added by sec. 3 of this Act, that the Board of Game approve the 21 |
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234 | 234 | | establishment of the area under AS 16.05.263, added by sec. 2 of this Act. 22 |
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235 | 235 | | * Sec. 8. This Act is retroactive to July 23, 2024. 23 |
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236 | 236 | | * Sec. 9. This Act takes effect immediately under AS 01.10.070(c). 24 |
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