11 AAC 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.