Alaska Stat. § 38.05.022 – Big game guide concession area permit program

(a) The commissioner shall implement a big game guide concession area permit program to limit the number of individuals authorized to conduct big game guiding on land in the state where the Board of Game has approved the establishment of a big game guide concession area under AS 16.05.262.
(b) The commissioner shall administer the big game guide concession area permit program to
1. (1) encourage conservation of the state's land and wildlife resources;
2. (2) provide a superior hunting experience to individuals who retain big game guiding services by limiting the number of guided hunts occurring in the same area;
3. (3) reduce user conflicts between big game guides and between big game guides and other users of land in the state;
4. (4) ensure a responsible, professional, and economically healthy big game guide guiding industry in the state; and
5. (5) incentivize long-term planning and the conservation of natural resources by big game guides.
(c) The department shall issue full big game guide concession area and limited big game guide concession area permits for a big game guide concession area established by the Board of Game under AS 16.05.262 in an open, public, and competitive process. The department shall establish permit standards and scoring criteria, but may not provide that a permit be issued based on the highest bid amount. A big game guide may not hold more than three concession permits at a time for state land issued under this subsection and is subject to the requirements of AS 08.54.750. A concession permit issued under this subsection is valid for 10 years from the date issued. A concession permit issued under this subsection may not be extended or renewed without the same open and competitive process provided by the department for the issuance of a concession permit under this subsection.
(d) The commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591, the Board of Game, and the Department of Fish and Game, shall adopt regulations necessary to establish and administer the big game guide concession area permit program, including regulations relating to
1. (1) the qualifications for a full big game guide concession area permit or a limited big game guide concession area permit;
2. (2) the process for issuing full big game guide concession area permits and limited big game guide concession area permits and the scope and authorizations provided by each permit;
3. (3) the determination and collection of reasonable concession permit fees; in determining reasonable concession permit fees, the commissioner shall consider the following:
  1. (A) fees paid by big game guides holding similar concession permits in other jurisdictions;
  2. (B) the number and type of concession permits issued for a big game guide concession area.
(e) Subject to the approval of the commissioner, a big game guide who holds a concession permit under this section may, during the term of the permit, transfer the concession permit to another individual qualified under regulations adopted under this section. In approving or disapproving the transfer of a permit, the commissioner shall consider the circumstances of the proposed transfer and whether the transfer will promote the principles listed in (b) of this section.
(f) The commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591, the Board of Game, and the Department of Fish and Game, may suspend or revoke a concession permit issued under this section. If a permittee violates the terms of a concession permit issued under this section, the commissioner may suspend or revoke the concession permit after providing the permittee with written notice and an opportunity to be heard.
(g) The commissioner shall keep confidential information provided by the Big Game Commercial Services Board under AS 08.54.680 or 08.54.760 and any propriety information, confidential commercial information, or confidential financial information used by the department in the course of approving or denying an application for a big game guide concession area permit offered under this section.
(h) The commissioner is responsible for administration and enforcement of this section and may delegate that authority as appropriate. The department may issue a citation for a violation of this section or a regulation adopted under this section.
(i) In issuing a full big game guide concession area permit or limited big game guide concession area permit under this section, the commissioner, in consultation with the Big Game Commercial Services Board established under AS 08.54.591, the Board of Game, the Department of Fish and Game, and private land owners who own 5,000 or more acres of land in the game management unit where a concession program is established, shall consider each applicant's professional history and reputation, in addition to other applicable criteria in the process required by (c) of this section.
(j) In this section,
1. (1) “concession permit” means a permit granting a big game guide the right to conduct commercial big game hunts on land within a geographic area defined by the department;
2. (2) “full big game guide concession area permit” means a concession permit made available by the department through a competitive process that limits the number of clients that a permit holder may provide big game guided hunts to in the area and limits the species the permit holder may provide guided hunts for in the concession area;
3. (3) “limited big game guide concession area permit” means a concession permit made available by the department through a random draw application process that provides more restrictive limitations than a full big game guide concession area permit on the number of clients that a permit holder may provide big game guided hunts to in the area and limits the species the permit holder may provide guided hunts for in the concession area.