00 CS FOR SENATE BILL NO. 247(RLS) am(efd fld)(ct rule fld) 01 "An Act restricting the use of certain funds deposited in the fish and game 02 fund; and relating to the powers and duties of the commissioner of fish and 03 game." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.050 is amended by adding a new paragraph to read: 06  (20) to cooperate with sportsmen's organizations and other 07 organizations to increase game populations in the state and to introduce new 08 populations into suitable habitat. 09 * Sec. 2. AS 16.05.130(a) is repealed and reenacted to read: 10  (a) Notwithstanding any other law to the contrary, except as provided in (c) 11 of this section, money accruing to the state from sport fishing, hunting, and trapping 12 licenses or tag fees shall be expended only as provided by appropriation. The 13 legislature shall make a separate appropriation for each project to be funded from 14 money subject to this subsection. Money subject to this subsection 01  (1) shall be used only for projects that provide for 02  (A) intensive management of sport fish stocks and game 03 populations for maximum sustained yield by human harvest; 04  (B) propagation, reintroduction, restocking, transplantation, 05 manipulation of habitat, predator removal, hunter education, public access to 06 sport fishing and hunting areas, or restoration of sport fish and game resources; 07  (C) direct benefits to purchasers of sport fishing, hunting, and 08 trapping licenses and tags that increase sport fish stocks and game populations, 09 increase human harvests of sport fish and game, or decrease predation upon 10 sport fish and game taken by purchasers of sport fishing, hunting, and trapping 11 licenses and tags; 12 (D) conservative management of sport fish stocks for high quality recreational fisheries, including catch and 13 release fisheries and trophy fisheries; 14  (E) construction and preservation of shooting ranges; or 15  (F) administration of the fish and game license function and 16 payment of license vendor compensation; and 17  (2) may not be 18  (A) expended for projects in an area where consumptive uses 19 of sport fish and game are not allowed; 20  (B) expended, borrowed, or otherwise used for a purpose not 21 authorized under this subsection; 22  (C) expended for costs of personnel or administration, other 23 than costs of personnel or administration directly incurred in conjunction with 24 projects allowed under this subsection; or 25  (D) expended for costs of construction, other than costs of 26 construction projects that are consistent with (1) of this subsection and that are 27 for 28  (i) facilities used solely for the propagation of sport fish 29 or game for restocking, enhancement, or transplantation; 30  (ii) shooting ranges; or 31  (iii) facilities to improve public access to areas where 01 consumptive uses of sport fish and game may occur. 02 * Sec. 3. AS 16.05.130(b) is amended to read: 03  (b) Money accruing to the state from waterfowl conservation tag fees from 04 hunters may not be diverted to a purpose other than (1) the [CONSERVATION AND] 05 enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that 06 are important for waterfowl and for consumptive uses [PUBLIC USE] of waterfowl 07 in the state; and (3) projects related to consumptive uses of waterfowl 08 [WATERFOWL RELATED PROJECTS APPROVED BY THE COMMISSIONER; 09 (4) THE ADMINISTRATION OF THE WATERFOWL CONSERVATION 10 PROGRAM; AND (5) EMERGENCIES IN THE STATE AS DETERMINED BY THE 11 GOVERNOR]. The department shall maintain a state waterfowl tag fee account within 12 the fish and game fund to permit separate accounting records for the receipt and 13 expenditure of money derived from the sale of waterfowl tags. [THE DEPARTMENT 14 SHALL PREPARE A REPORT BEFORE APRIL 15 OF EACH EVEN-NUMBERED 15 YEAR FOR THE PUBLIC AND THE LEGISLATURE ON THE USE OF MONEY 16 DERIVED FROM WATERFOWL CONSERVATION TAGS AND LIMITED 17 EDITION PRINTS. THE DEPARTMENT SHALL NOTIFY THE LEGISLATURE 18 THAT THE REPORT IS AVAILABLE.] 19 * Sec. 4. AS 16.05.130 is amended by adding new subsections to read: 20  (e) Except as otherwise required by federal law, federal funds received by the 21 state through the federal aid to fish restoration program or the federal aid in wildlife 22 restoration program may not be expended except as provided by appropriation. Funds 23 subject to this subsection 24  (1) shall be used only for projects that provide for 25  (A) intensive management of fish stocks and game populations 26 for maximum sustained yield for human harvest; 27  (B) propagation, reintroduction, restocking, transplantation, 28 manipulation of habitat, predator removal, hunter education, public access to 29 sport fishing and hunting areas, or restoration of sport fish and game resources; 30  (C) direct benefits to purchasers of sport fishing and hunting 31 licenses and tags by increasing sport fish stocks and game populations, 01 increasing human harvests of sport fish and game, or decreasing predation upon 02 sport fish and game taken by purchasers of sport fishing and hunting licenses 03 and tags; 04 (D) conservative management of sport fish stocks for high quality recreational fisheries, including catch and 05 release fisheries and trophy fisheries; or 06  (E) construction and preservation of shooting ranges; and 07  (2) may not be 08  (A) expended for projects in an area where consumptive uses 09 of sport fish and game are not allowed except for construction projects that are 10 consistent with (1) of this subsection and that are for 11  (i) facilities used solely for the propagation of sport fish 12 or game for restocking, enhancement, or transplantation; 13  (ii) shooting ranges; or 14  (iii) facilities to improve public access to areas where 15 consumptive uses of sport fish and game may occur; 16  (B) expended, borrowed, or otherwise used for a purpose not 17 authorized under this subsection; 18  (C) expended for costs of personnel or administration, other 19 than costs of personnel or administration directly incurred in conjunction with 20 projects allowed under this subsection; or 21  (D) expended for costs of construction, other than costs of 22 construction projects that are consistent with (1) of this subsection and that are 23 for 24  (i) facilities used solely for the propagation of sport fish 25 or game for restocking, enhancement, or transplantation; 26  (ii) shooting ranges; or 27  (iii) facilities to improve public access to areas where 28 consumptive uses of sport fish and game may occur. 29  (f) The department shall prepare an annual report of expenditures from the fish 30 and game fund and provide the report to each member of the legislature. The report 31 must contain a detailed accounting of expenditures and a description of the proportion 01 of the fund expended for each project and of the benefits of each project to purchasers 02 of hunting, trapping, and sport fishing licenses. 03  (g) A person may bring a civil action in a court of competent jurisdiction 04 against a state agency or public official for an injunction to compel compliance with 05 this section or to compel remedial action to correct the consequences of a violation of 06 this section. A public official is not immune from suit under this section. 07  (h) In this section, 08  (1) "harvestable surplus" means the estimated number of animals that 09 is equal to the number of offspring born in a population during a year less the number 10 of animals in the population that die during the year from all causes other than 11 predation or human harvest; 12  (2) "high level of human harvest" means the harvest of one-third or 13 more of the harvestable surplus of an animal population by humans; 14  (3) "intensive management" means management, in accordance with the 15 sustained yield principle, of an identified big game prey population or fish stock to 16 enhance, extend, and develop the population or stock to maintain high levels or 17 provide for higher levels of human harvest, including control of predation and 18 prescribed or planned use of fire and other habitat improvement techniques, but not 19 including restrictions on methods or means of taking fish or game, access to fish or 20 game, or human harvest of fish or game; 21  (4) "maximum sustained yield" means the achievement and 22 maintenance in perpetuity of a high level of human harvest on an annual basis of 23 game, other than mammalian predators, and of fish. 24 * Sec. 5. AS 16.05.340(a)(17)(B) is amended to read: 25  (B) The Board of Game shall by regulation exempt the 26 requirement of a waterfowl conservation tag for waterfowl hunting in areas of 27 the state not likely to benefit from programs described in AS 16.05.130(b)(2) 28 and (3) [AS 16.05.130(b)(2) - (4)]. 29 * Sec. 6. AS 16.05.130(d) is repealed.