Section 11.20.885. Kenai River guide permits.

	(a)  A person may not provide professional guide services within the Kenai River Special Management Area without first obtaining a valid Kenai River guide permit issued by the division.  
	(b)  To qualify for a Kenai River guide permit, for professional guide services other than services as a sport fishing guide, a person must meet the applicable requirements of 11 AAC 18 and pay the applicable fees required under 11 AAC 05.010(a)(12)(I).  
	(c)  To qualify for a Kenai River guide permit, for professional guide services as a sport fishing guide, a person   
		(1) must meet the applicable requirements of 11 AAC 18;  
		(2) must pay the applicable fees required under 11 AAC 05.010(a)(12)(I);  
		(3) must be at least 18 years of age;  
		(4) must provide proof of  
			(A) a negative drug test  
				(i) from a program not excluded under 46 C.F.R. 16.109 or 49 C.F.R. 40.361 - 40.413; and  
				(ii) administered no more than 30 days before the date on which the department receives the person's application; or  
			(B) registration in a random drug testing program made applicable to the permit under 11 AAC 18.030(b)(1);  
		(5) must be in compliance with AS 16.40.260 - 16.40.299 (Sport Fishing Services);  
		(6) must present to the division for inspection a driver's license or similar identification card that is issued by a state or federal agency and that bears a photograph of the person;  
		(7) may not have been convicted of a felony within the past five years;  
		(8) may not have been convicted of more than one misdemeanor violation of a provision of 5 AAC 47 - 5 AAC 75 within the past five years; and  
		(9) must have successfully completed a course approved by the director that is specifically designed to train persons to provide professional guide services as sport fishing guides within the Kenai River Special Management Area, except that a person  
			(A) is not required to have successfully completed the course on or before the date on which the division receives the application, if the director has not approved on or before that date at least one course under this paragraph; that person, unless subject to (B) of this paragraph, must successfully complete the course within 12 months after the date on which the director approves at least one course under this paragraph;  
			(B) who held a valid permit under this section on or before December 31, 2005 for professional guide services as a sport fishing guide, and who held that permit for  
				(i) at least one year but less than six years, must successfully complete the course within 24 months after the date on which the director approves at least one course under this paragraph;  
				(ii) at least six but less than 11 years, must successfully complete the course within 36 months after the date on which the director approves at least one course under this paragraph; or  
				(iii) 11 or more years, must successfully complete the course within 60 months after the date on which the director approves at least one course under this paragraph.  
	(d)  A person may not operate a boat used in the Kenai River Special Management Area to provide professional guide services without displaying a boat number and identification sticker as assigned, specified, or provided by the division.  
	(e)  A person may not operate a vessel upon the waters of the Kenai River Special Management Area with an expired, suspended, or revoked Kenai River guide boat number or identification sticker in public view.  
	(f)  A current or former holder of a Kenai River guide permit may not sell or otherwise dispose of a registered guide boat without first removing the three-digit guide boat number and identification sticker from the boat, unless the sale or transfer of the registered guide boat is to another current holder of a Kenai River guide permit, and the division is notified of the sale or transfer of the boat by the former owner within five days after the sale or transfer.  
	(g)  Once registered, a guide boat registration remains valid for the remainder of the calendar year, and may be transferred between permitted guides. A guide may not re-register a de-registered guide boat within that calendar year, except that a de-registered boat sold to a guide may be re-registered in that same calendar year.  
	(h)  A person permitted under 11 AAC 18.030 and this section to provide sport fishing guide services in the Kenai River Special Management Area may not fail to remain within sight or sound of the person's clients during the course of guided activities in the Kenai River Special Management Area to ensure compliance with state law and the permit.  
	(i)  The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, with the suspension to occur on dates that the director may determine, for up to  
		(1) three days, if the permittee is convicted of a first infraction of one of the following statutory or regulatory provisions, and the permittee committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area:  
			(A) a provision of 5 AAC 47 - 5 AAC 75, 11 AAC 07, 11 AAC 12, 11 AAC 16, 11 AAC 18, or 11 AAC 20;  
			(B) a provision of AS 05.25.010 (Safety Requirements) or 05.25.055 (Registration and Numbering of Boats), a provision of 2 AAC 70, or another provision of regulations adopted under AS 05.25.010 or 05.25.055;   
			(C) AS 11.46.320 (Criminal Trespass in the First Degree) or 11.46.330 (Criminal Trespass in the Second Degree), for an act on private property adjacent to the Kenai River Special Management Area;  
			(D) providing a boat or otherwise arranging guided fishing services on days or hours closed to guiding under 5 AAC 56.036(j) or (k);  
		(2) seven days, if the permittee  
			(A) is convicted of  
				(i) a second infraction of a statutory or regulatory provision specified in (1) of this subsection; or  
				(ii) an infraction of AS 11.41.230 (Assault in the Fourth Degree) or 11.41.250 (Reckless Endangerment); and  
			(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area; or  
		(3) 30 days, if the permittee  
			(A) is convicted of  
				(i) a third infraction of a statutory or regulatory provision specified in (1) of this subsection;  
				(ii) a first infraction of AS 05.25.060(1), other than an infraction described in (k)(1)(C) of this section; or  
				(iii) an infraction of AS 11.41.220 (Assault in the Third Degree); and  
			(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.  
	(j)  The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, immediately and indefinitely for the permittee's failure to comply with 11 AAC 18.030(b)(1) or (9) while providing sport fishing guide services under the permit within the Kenai River Special Management Area.  
	(k)  The director may revoke a Kenai River guide permit, for professional guide services as a sport fishing guide, permanently if the permittee  
		(1) is convicted  
			(A) of an infraction of AS 28.35.030 (Operating a Vehicle, Aircraft or Watercraft While Under the Influence of an Alcoholic Beverage, Inhalant, or Controlled  Substance);  
			(B) of a second infraction of AS 05.25.060(1);  
			(C) of an infraction of AS 05.25.060(1), for an act that results in the death or injury of another person;  
			(D) of an infraction of 46 C.F.R. 15.605 (Licensed Operators for Uninspected Passenger Vessels) or 46 C.F.R. 15.905(a);  
			(E) four or more times within three years of infractions of any combination of the statutory or regulatory provisions specified in (i) of this section; or  
			(F) of an infraction of AS 11.41.200 (Assault in the First Degree) or 11.41.210 (Assault in the Second Degree); and  
		(2) committed each infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.  
	(l)  In this section, "drug test" and "drug testing" have the meaning given "drug test" in 46 C.F.R. 16.105. The definition of "drug test" in 46 C.F.R. 16.105, as revised as of October 1, 2005, is adopted by reference.  
	(m)  The director shall waive the course requirement set out in (c)(9) of this section if  
		(1) a representative of a business permitted under 11 AAC 18.030  
			(A) submits a permit application for a person who meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, except the course requirement set out in (c)(9) of this section; and  
			(B) affirms that the business has been unable to secure the services of a person who meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, including the course requirement set out in (c)(9) of this section; and  
		(2) the person for whom the application is submitted  
			(A) will replace a holder of a valid Kenai River guide permit, for professional guide services as a sport fishing guide, whose services for the business were lost because of unforeseen circumstances; and  
			(B) completes an orientation course provided by the division.  
	(n)  No later than two working days after receiving a complete application and affirmation under (m) of this section, and if the person for whom the application is submitted meets all of the requirements of 11 AAC 18 and this section for a Kenai River guide permit, for professional guide services as a sport fishing guide, except the course requirement set out in (c)(9) of this section, the director shall issue the person that permit. In this subsection, "working day" means a day other than Saturday, Sunday, or a state holiday.  
	(o)  If a person holds a Kenai River guide permit issued under (m) and (n) of this section, for professional guide services as a sport fishing guide, the person  
		(1) may serve as a permitted guide only for the remainder of the calendar year; and  
		(2) must successfully complete the course requirement in (c)(9) of this section before the person may be issued a Kenai River guide permit in subsequent years, for professional guide services as a sport fishing guide.  

Authorities

41.21.020;41.21.506

Notes

Authority

AS 41.21.020 AS 41.21.506

History

Eff. 7/1/89, Register 110; am 5/24/96, Register 138; am 3/13/2006, Register 177; am 8/6/2010, Register 195