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Web posted Thursday, April 14, 2005

Guide regs moving forward
Higher fees, education top group's list

By MATT TUNSETH
Peninsula Clarion

A group originally tasked with finding ways to limit the number of Kenai River guides has come up with a proposed set of regulations that calls for strict new requirements on anyone wanting to take anglers fishing on the state's most popular river.

The Kenai River Working Group was formed last year after a moratorium designed to cap the number of guides at 346 failed under the weight of legal challenges. Its original mission was to look at limiting guides and addressing any other river issues it chose. After a winter's worth of meetings, the group was unable to tackle the guide limit issue.

However, according to Alaska State Parks Chief of Field Operations Chris Degernes, that doesn't mean nothing was accomplished.

"I would say this is going to make more of a difference than fewer numbers of people," Degernes said Wednesday.

She said the guide requirements will help to alleviate many conflicts on the heavily used river by ensuring guides are all on the same page. Because many conflicts on the river are the result of misunderstandings between users, she said the regulation changes should serve to bring a more cooperative atmosphere to the river.

"Better behavior is better than fewer numbers of people," she said.

Some of the key requirements guides will face if the regulations are adopted include mandatory drug testing, an orientation course all guides must take every three years, mandatory completion of the Kenai Peninsula College's Kenai River Guide Academy (or other approved Kenai-specific training course) and an increase in the fees to obtain a license from Parks.

Other draft regulations include mandating that guides be 18 years old or older, have no felony convictions in the previous five years, have no more than one misdemeanor conviction in the past five years, display a boat number and sticker from Parks. The regulations also provide for penalties ranging from a three-day suspension following a first infraction of any regulations to permanent revocation for serious offenses, such as operating a guide vessel while under the influence of drugs or alcohol.

The regulations also include a provision to create a guide board to advise Parks on guide-related matters, and make a guide permit valid for three years.

Kenai River Professional Guides Association President Steve McClure was a member of the working group. McClure said he favors some form of guide limitation but said he's optimistic that the steps taken by the working group are in the right direction and will have a positive impact on how guides operate on the river.

"I think we got a lot accomplished, considering what we could legally do," he said.

The working group was handcuffed to some extent because Alaska Department of Law representatives during the process cautioned that more data is needed before a guide limitation likely will stand up in court.

Degernes said more data must be collected on river use before a limitation could go forward.

"We really didn't have the data to support (guide limits) legally," she said.

Working group member Dwight Kramer said he's disappointed a limit on the number of guides didn't come out of the process.

"I was kind of discouraged that more progress toward actual limitations wasn't made," Kramer said.

He said the proposed regulations will help, but won't go nearly far enough.

"I think it will help the level of professionalism, but I don't think it's enough of a stumbling block to curtail the number of guides," Kramer said.

The next step for the proposed regulations is for the public to comment on them, a process that will begin next month. After that, the regulations will go to the Department of Law and governor's office before being signed into law. If all goes smoothly, the regulations could be in place in time for next year's fishing season, Degernes said.

"It's feasible to have something in place by next winter," she said.

In addition to increasing the level of professionalism among Kenai River guides, McClure said he believes having a college course in place to educate potential and current guides could have a couple of positive side effects.

"It will really help the new guys. You could get a mix of guys who've guided for years and new guys, and a class would allow them to meet," he said.

This would allow closer relationships between guides, which McClure thinks would make it easier for more experienced guides to point out any breaches of river etiquette by those less experienced.

In addition, the college course could be offered to young people in the community, McClure said, making it easier to bring locals into the industry.

"You give a little bit of a leg up to the local guy."



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