Alaska 2025-2026 Regular Session

Alaska Senate Bill SB97 Compare Versions

Only one version of the bill is available at this time.
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1111 SENATE BILL NO. 97
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1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
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1515 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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1717 BY THE SENATE RULES COMMITTEE
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1919 Introduced: 2/12/25
2020 Referred: Resources, Finance
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2323 A BILL
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2525 FOR AN ACT ENTITLED
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2727 "An Act establishing a big game guide concession area permit program on land in the 1
2828 state; relating to the duties of the Big Game Commercial Services Board, the Board of 2
2929 Game, the Department of Fish and Game, and the Department of Natural Resources; 3
3030 requiring the Board of Game to establish an initial big game guide concession area; and 4
3131 providing for an effective date." 5
3232 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
3333 * Section 1. AS 08.54.600(a) is amended by adding a new paragraph to read: 7
3434 (10) coordinate and consult with the Board of Game and the 8
3535 Department of Natural Resources to fulfill the duties of each under AS 16.05.263 and 9
3636 AS 38.05.021. 10
3737 * Sec. 2. AS 16.05 is amended by adding a new section to read: 11
3838 Sec. 16.05.263. Establishment of big game guide concession areas. (a) The 12
3939 Board of Game shall consider and approve or disapprove a proposal to establish a big 13 34-LS0445\A
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4343 game guide concession area that would be administered by the Department of Natural 1
4444 Resources under AS 38.05.021 in a single game management unit or subunit. The 2
4545 board may only establish a big game guide concession area by approving a proposal 3
4646 submitted under this section to do so. A big game guide may conduct a hunt in a 4
4747 concession area established under this section only if the guide holds a big game guide 5
4848 concession area permit issued under AS 38.05.021. 6
4949 (b) A person may submit a proposal to the Board of Game for the 7
5050 establishment of a big game guide concession area. After providing 15 days' public 8
5151 notice, the board may consider the proposal at the board's next regular meeting in the 9
5252 region where the big game guide concession area is proposed. 10
5353 (c) After taking public comment, the Board of Game, in consultation with the 11
5454 Department of Fish and Game, the Department of Natural Resources, and the Big 12
5555 Game Commercial Services Board established under AS 08.54.591, may approve a 13
5656 proposal to establish a big game guide concession area if the board determines that 14
5757 establishing the area 15
5858 (1) supports the conservation and management of the state's land and 16
5959 big game resources; 17
6060 (2) aids in the enforcement of state statutes and regulations relating to 18
6161 guided hunts for big game; and 19
6262 (3) is in the public interest. 20
6363 (d) If the Board of Game approves the establishment of a big game guide 21
6464 concession area under this section, the board shall determine the number of full big 22
6565 game guide concession area permits and limited big game guide concession area 23
6666 permits that the Department of Natural Resources shall make available under 24
6767 AS 38.05.021. To determine the number of full big game guide concession area 25
6868 permits and limited big game guide concession area permits that should be issued for a 26
6969 big game guide concession area and the specific authorizations that should attach to 27
7070 each concession permit authorized for the area, the Board of Game 28
7171 (1) may establish advisory boards composed of representatives of the 29
7272 state departments and boards listed in (c) of this section who are familiar with the area 30
7373 and interested members of the public to assist the board in making the determination; 31 34-LS0445\A
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7777 (2) may not 1
7878 (A) combine more than three existing guide use areas into a 2
7979 single big game guide concession area; 3
8080 (B) establish more than one big game guide concession area in 4
8181 a single guide use area. 5
8282 (e) In this section, 6
8383 (1) "full big game guide concession area permit" has the meaning 7
8484 given in AS 38.05.021(j); 8
8585 (2) "game management unit" has the meaning given in AS 08.54.790; 9
8686 (3) "guide use area" has the meaning given in AS 08.54.750(g); 10
8787 (4) "limited big game guide concession area permit" has the meaning 11
8888 given in AS 38.05.021(j). 12
8989 * Sec. 3. AS 38.05 is amended by adding a new section to read: 13
9090 Sec. 38.05.021. Big game guide concession area permit program. (a) The 14
9191 commissioner shall implement a big game guide concession area permit program to 15
9292 limit the number of individuals authorized to conduct big game guiding on land in the 16
9393 state where the Board of Game has approved the establishment of a big game guide 17
9494 concession area under AS 16.05.263. 18
9595 (b) The commissioner shall administer the big game guide concession area 19
9696 permit program to 20
9797 (1) encourage conservation of the state's land and wildlife resources; 21
9898 (2) provide a superior hunting experience to individuals who retain big 22
9999 game guiding services by limiting the number of guided hunts occurring in the same 23
100100 area; 24
101101 (3) reduce user conflicts between big game guides and between big 25
102102 game guides and other users of land in the state; 26
103103 (4) ensure a responsible, professional, and economically healthy big 27
104104 game guide guiding industry in the state; and 28
105105 (5) incentivize long-term planning and the conservation of natural 29
106106 resources by big game guides. 30
107107 (c) The department shall issue full big game guide concession area and limited 31 34-LS0445\A
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111111 big game guide concession area permits for a big game guide concession area 1
112112 established by the Board of Game under AS 16.05.263 in an open, public, and 2
113113 competitive process. The department shall establish permit standards and scoring 3
114114 criteria, but may not provide that a permit be issued based on the highest bid amount. 4
115115 A big game guide may not hold more than three concession permits at a time for state 5
116116 land issued under this subsection and is subject to the requirements of AS 08.54.750. 6
117117 A concession permit issued under this subsection is valid for 10 years from the date 7
118118 issued. A concession permit issued under this subsection may not be extended or 8
119119 renewed without the same open and competitive process provided by the department 9
120120 for the issuance of a concession permit under this subsection. 10
121121 (d) The commissioner, in consultation with the Big Game Commercial 11
122122 Services Board established under AS 08.54.591, the Board of Game, and the 12
123123 Department of Fish and Game, shall adopt regulations necessary to establish and 13
124124 administer the big game guide concession area permit program, including regulations 14
125125 relating to 15
126126 (1) the qualifications for a full big game guide concession area permit 16
127127 or a limited big game guide concession area permit; 17
128128 (2) the process for issuing full big game guide concession area permits 18
129129 and limited big game guide concession area permits and the scope and authorizations 19
130130 provided by each permit; 20
131131 (3) the determination and collection of reasonable concession permit 21
132132 fees; in determining reasonable concession permit fees, the commissioner shall 22
133133 consider the following: 23
134134 (A) fees paid by big game guides holding similar concession 24
135135 permits in other jurisdictions; 25
136136 (B) the number and type of concession permits issued for a big 26
137137 game guide concession area. 27
138138 (e) Subject to the approval of the commissioner, a big game guide who holds a 28
139139 concession permit under this section may, during the term of the permit, transfer the 29
140140 concession permit to another individual qualified under regulations adopted under this 30
141141 section. In approving or disapproving the transfer of a permit, the commissioner shall 31 34-LS0445\A
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145145 consider the circumstances of the proposed transfer and whether the transfer will 1
146146 promote the principles listed in (b) of this section. 2
147147 (f) The commissioner, in consultation with the Big Game Commercial 3
148148 Services Board established under AS 08.54.591, the Board of Game, and the 4
149149 Department of Fish and Game, may suspend or revoke a concession permit issued 5
150150 under this section. If a permittee violates the terms of a concession permit issued under 6
151151 this section, the commissioner may suspend or revoke the concession permit after 7
152152 providing the permittee with written notice and an opportunity to be heard. 8
153153 (g) The commissioner shall keep confidential information provided by the Big 9
154154 Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any 10
155155 propriety information, confidential commercial information, or confidential financial 11
156156 information used by the department in the course of approving or denying an 12
157157 application for a big game guide concession area permit offered under this section. 13
158158 (h) The commissioner is responsible for administration and enforcement of 14
159159 this section and may delegate that authority as appropriate. The department may issue 15
160160 a citation for a violation of this section or a regulation adopted under this section. 16
161161 (i) In issuing a full big game guide concession area permit or limited big game 17
162162 guide concession area permit under this section, the commissioner, in consultation 18
163163 with the Big Game Commercial Services Board established under AS 08.54.591, the 19
164164 Board of Game, the Department of Fish and Game, and private landowners who own 20
165165 5,000 or more acres of land in the game management unit where a concession program 21
166166 is established shall consider each applicant's professional history and reputation, in 22
167167 addition to other applicable criteria in the process required by (c) of this section. 23
168168 (j) In this section, 24
169169 (1) "concession permit" means a permit granting a big game guide the 25
170170 right to conduct commercial big game hunts on land within a geographic area defined 26
171171 by the department; 27
172172 (2) "full big game guide concession area permit" means a concession 28
173173 permit made available by the department through a competitive process that limits the 29
174174 number of clients that a permit holder may provide big game guided hunts to in the 30
175175 area and limits the species the permit holder may provide guided hunts for in the 31 34-LS0445\A
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179179 concession area; 1
180180 (3) "limited big game guide concession area permit" means a 2
181181 concession permit made available by the department through a random draw 3
182182 application process that provides more restrictive limitations than a full big game 4
183183 guide concession area permit on the number of clients that a permit holder may 5
184184 provide big game guided hunts to in the area and limits the species the permit holder 6
185185 may provide guided hunts for in the concession area. 7
186186 * Sec. 4. AS 08.54.600(a)(9); AS 16.05.262; and AS 38.05.022 are repealed. 8
187187 * Sec. 5. Sections 46 and 48, ch. 15, SLA 2024, are repealed. 9
188188 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10
189189 read: 11
190190 INITIAL BIG GAME GUIDE CONCESSION AREA AND PERMIT PROGRAM. 12
191191 (a) Notwithstanding AS 16.05.263, added by sec. 2 of this Act, the Board of Game shall 13
192192 establish the initial big game guide concession area under this section. In establishing the 14
193193 initial concession area under this section, the Board of Game, after taking public comment 15
194194 and in consultation with the Big Game Commercial Services Board established under 16
195195 AS 08.54.591, the Department of Fish and Game, and the Department of Natural Resources, 17
196196 shall identify and select a single game management unit or subunit that the Board of Game 18
197197 determines would benefit most from the establishment of a big game guide concession area 19
198198 permit program under AS 38.05.021, added by sec. 3 of this Act, in consideration of the 20
199199 principles of AS 38.05.021(b), added by sec. 3 of this Act. The Board of Game shall 21
200200 determine the number of full big game guide concession area permits and limited big game 22
201201 guide concession area permits that the Department of Natural Resources shall make available 23
202202 in the initial big game guide concession area established under this section and the specific 24
203203 authorizations that should attach to each concession permit authorized under this subsection 25
204204 for the area using the process provided in AS 16.05.263(d), added by sec. 2 of this Act. 26
205205 (b) Notwithstanding the requirement in AS 38.05.021(a) and (c), added by sec. 3 of 27
206206 this Act, that the Board of Game approve the establishment of the area under AS 16.05.263, 28
207207 added by sec. 2 of this Act, the Department of Natural Resources shall establish and 29
208208 administer a big game guide concession area permit program under AS 38.05.021, added by 30
209209 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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213213 under (a) of this section. 1
214214 (c) In this section, 2
215215 (1) "concession permit" means a permit granting a big game guide the right to 3
216216 conduct commercial big game hunts on land within the boundaries of the region selected by 4
217217 the Board of Game under (a) of this section; 5
218218 (2) "full big game guide concession area permit" has the meaning given in 6
219219 AS 38.05.021(j); 7
220220 (3) "game management unit" has the meaning given in AS 08.54.790; 8
221221 (4) "limited big game guide concession area permit" has the meaning given in 9
222222 AS 38.05.021(j). 10
223223 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 11
224224 read: 12
225225 TRANSITION. Notwithstanding the effective date of AS 16.05.263, added by sec. 2 13
226226 of this Act, the Board of Game may only accept and consider a proposal to establish a big 14
227227 game guide concession area under AS 16.05.263, added by sec. 2 of this Act, if 15
228228 (1) the Board of Game has established the concession area required under sec. 16
229229 2 of this Act; and 17
230230 (2) the Department of Natural Resources has implemented and administered a 18
231231 big game guide concession area permit program in the concession area established under sec. 19
232232 2 of this Act for a period of at least three years, notwithstanding the requirement in 20
233233 AS 38.05.021(a) and (c), added by sec. 3 of this Act, that the Board of Game approve the 21
234234 establishment of the area under AS 16.05.263, added by sec. 2 of this Act. 22
235235 * Sec. 8. This Act is retroactive to July 23, 2024. 23
236236 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c). 24