Times call for tighter licensing process

MAT-SU — An article published in the Aug. 16 Frontiersman headlined “Trouble finds guide” went into some detail about how Ray Blodgett of Fisherman’s Choice Charters was charged with eight counts of the Class A misdemeanor offense of a sportfish guide aiding in the commission of a Fish and Game violation by a client.

The case was scheduled for trial on Dec. 9, but has been rescheduled for Jan. 6, 2012, before Judge William Estelle in Palmer.

The article also discussed charges filed against Blodgett in 2006 for which he was convicted and fined $10,300 and ordered to do 40 hours of community service. The charges included aiding a client in the commission of a Fish and Game violation, fishing during a closed season and multiple charges of catching king salmon and removing them from the water. King salmon may not be removed from the water unless the angler plans to keep the fish.

A further check of the Alaska Trial Court Cases website revealed Blodgett was convicted in 1994 of the Fish and Game violation of fishing in closed waters. Again in 1995, Blodgett was convicted of attempting to snag. Later that same year, he was convicted of the unlawful taking of migratory fish/shellfish.

In a related case, Blodgett was convicted of a DUI offense in 2009. This conviction could have a bearing on the lawful operation of a boat while guiding a client and in obtaining the “six-pack” license required by the state and issued by the U.S. Coast Guard (USCG) for sportfish guides using boats to guide clients, according to Dora Sigurdsson, the Alaska Department of Fish and Game statewide sportfish guide licensing and logbook coordinator.

How readily can the state rescind a sportfish guide’s license for repeat offenses, a history of violating Fish and Game regulations or both? The process is not easily accomplished, according to Sgt. Mark Agnew of the Alaska Wildlife Troopers in Palmer. Agnew said there are no regulations or statutes mandating the loss of a sportfish guide license because of conviction of a Fish and Game violation. He said the presiding judge during the court proceeding has discretionary authority to revoke or rescind the license, but that determination is made on a case-by-case basis. The court-mandated revocations have happened but are rare, according to Sigurdsson.

A limited number of other options exist to at least temporarily rescind or withhold a sportfish guide’s license. Regulations require guides keep daily logbooks of all fishing activities. According to Sigurdsson, the next year’s license can be withheld until all logbook reports have been completed and submitted for the previous year. However, once this requirement is met, the guide license must be issued as long as the applicant meets all the other eligibility requirements to be a charter/guide.

In order to apply for a sportfish guide’s license, applicants are required to have a current sportfishing license, and all stamps or permits required for the species being fished by the guide’s clients, just like any licensed angler. They must be current in their certification in first aid by the American Red Cross or a similar organization. They must be residents of the United States, Canada, Mexico or a resident alien. If the sportfish guide applicant plans to use a motorized vessel on navigable waters while guiding clients, a USCG operator’s license is required. All vessels, freshwater and saltwater, motorized and nonmotorized, must be registered with ADF&G. License or certification numbers and expiration dates of the required licenses or certifications must be provided on the guide license application along with payment of the appropriate fees.

While engaged in the act of guiding clients, a sportsfish guide is required to have in possession a current sportsfish guide license, a current sportsfishing license and applicable stamps and permits, a copy of the current ADF&G sportsfish business license of the guide’s employer, and a photo identification card, such as a driver’s license, issued to the guide by a state or federal agency. If using a boat, appropriate vessel registration paperwork and the USCG operator’s permit must be on board.

In the event the guide should have his/her sportfishing license revoked or suspended, his guiding license can also be suspended for the same period of time as the general sportfishing license. Once that period of time has passed and the guide has his sportfishing license privileges reinstated, he is now eligible to regain his guide’s license.

Similarly, if the guide were to lose his USCG operator’s license for some reason, he would lose the ability to guide from a boat on USCG deemed navigable waters, but could still be allowed to guide clients for bank or shore fishing trips.

There are additional requirements for a lodge or charter owner operating a sportfishing guide/charter business including: a business owner license issued by Fish and Game which first requires a current occupational business license issued by the Department of Commerce, Community and Economic Development, Division of Corporations, Business and Professional Licensing; and appropriate business and vessel insurance. If the business is active, the business owner must acquire the current year’s logbooks and make sure all guides employed have a copy of the business license. However, none of these requirements contain specific provisions for the mandatory loss or revocation of a sportfish guide’s license if a conviction for a Fish and Game violation occurs.

Right now, the only way a sportfish guide could automatically lose his license because of a conviction of a Fish and Game violation, aside from the judge making a case-by-case decision in sentencing or other temporary situations as described above, would require either legislative passage of a new state statute or the Alaska Board of Fisheries passing a new regulation mandating the action. Any new statutes or regulations could contain specific requirements such as the severity of the violation conviction, such as a Class A misdemeanor violation or greater, for instance, and the timeframe for the loss of the guiding license — the rest of the current licensing year, one full year, five years, or life — the structure of the potential law or regulation is undefined at present.

Unless new legislation or regulations are proposed and implemented into law or regulation, sportfish guides can continue to operate illegally and, if caught, suffer other consequences but not the mandatory loss of their guiding privileges.