CSHB 172(FIN): "An Act relating to the wildlife conservation tag and to entry onto state game and wildlife sanctuaries; relating to the issuance of citations for violations under the Fish and Game Code; and providing for an effective date."
00CS FOR HOUSE BILL NO. 172(FIN) 01 "An Act relating to the wildlife conservation tag and to entry onto state game 02 and wildlife sanctuaries; relating to the issuance of citations for violations under 03 the Fish and Game Code; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. FINDINGS. The legislature finds that 06 (1) the diversity of wildlife species in Alaska and the size of Alaska make 07 wildlife management extremely expensive; 08 (2) the growth in Alaska's human population has placed pressure upon wildlife 09 habitat and wildlife populations and has increased demand for use and appreciation of wildlife; 10 (3) the Board of Game and other resource management agencies need current, 11 accurate wildlife population and human use data for regulatory and planning purposes; 12 (4) the quality and extent of wildlife information provided by the Department 13 of Fish and Game have a direct effect on the types and levels of human use of wildlife that 14 are allowed;
01 (5) the establishment of a wildlife conservation tag program will allow more 02 Alaskans to directly and actively support wildlife conservation programs in the state through 03 the voluntary purchase of a wildlife conservation tag; 04 (6) a wildlife conservation tag program will benefit wildlife conservation 05 programs in the state through revenue generated by the purchase of a wildlife conservation 06 tag by nonresidents who want to support the conservation of wildlife in the state or who use 07 certain state game and wildlife sanctuaries to view, study, and enjoy wildlife; 08 (7) revenue generated through the sale of wildlife conservation tags should be 09 used to supplement, but not supplant, funds available from other sources for wildlife 10 conservation, wildlife education, and wildlife viewing. 11 * Sec. 2. AS 16.05.165 is amended to read: 12 Sec. 16.05.165. FORM AND ISSUANCE OF CITATION. (a) When a peace 13 officer stops or contacts a person concerning a violation of this title except AS 16.51 14 and AS 16.52 or of a regulation adopted under this title except AS 16.51 and AS 16.52 15 that is a misdemeanor or a violation, the peace officer may, in the officer's discretion, 16 issue a citation to the person as provided in AS 12.25.180. 17 (b) The supreme court shall specify by rule or order those misdemeanors and 18 violations that are appropriate for disposition without court appearance, and shall 19 establish a schedule of bail amounts. Before establishing or amending the schedule 20 of bail amounts required by this subsection, the supreme court shall appoint and 21 consult with an advisory committee consisting of two officers of the division of fish 22 and wildlife protection of the Department of Public Safety, two representatives of the 23 Department of Fish and Game, two district court judges, and the chairpersons of the 24 House and Senate Judiciary Committees of the legislature. The maximum bail amount 25 for an offense may not exceed the maximum fine specified by law for that offense. 26 If the misdemeanor or violation for which the citation is issued may be disposed of 27 without court appearance, the issuing peace officer shall write on the citation the 28 amount of bail applicable to the offense [VIOLATION]. 29 (c) A person cited for a misdemeanor or violation for which a bail amount has 30 been established under (b) of this section may, within 15 days after the date of the 31 citation, mail or personally deliver to the clerk of the court in which the citation is
01 filed by the peace officer 02 (1) the amount of bail indicated on the citation for that offense; and 03 (2) a copy of the citation indicating that the right to an appearance is 04 waived, a plea of no contest is entered, and the bail is forfeited. 05 (d) When bail has been forfeited under (c) of this section, a judgment of 06 conviction shall be entered. Forfeiture of bail and all seized items is a complete 07 satisfaction for the misdemeanor or violation. The clerk of the court accepting the 08 bail shall provide the offender with a receipt stating that fact. 09 (e) If the person cited fails to pay the bail amount established under (b) of this 10 section or to appear in court as required, the citation is considered a summons for a 11 misdemeanor or violation, as appropriate. 12 (f) Notwithstanding other provisions of law, if a person cited for a 13 misdemeanor or violation for which a bail amount has been established under (b) of 14 this section appears in court and is found guilty, the penalty that is imposed for the 15 offense may not exceed the bail amount for that offense established under (b) of this 16 section. 17 * Sec. 3. AS 16.05.350 is amended to read: 18 Sec. 16.05.350. EXPIRATION OF LICENSES AND TAGS. Licenses and tags 19 required under AS 16.05.330 - 16.05.430, except biennial licenses, the nonresident 20 special sport fishing license, the resident trapping license, and the waterfowl 21 conservation tag, expire at the close of December 31 following issuance. Biennial 22 licenses expire after December 31 of the year following the year of issuance. The 23 resident trapping license expires at the close of September 30 of the year following the 24 year in which the license is issued. The waterfowl conservation tag expires at the 25 close of January 31 of the year following the year of issue of the tag. The wildlife 26 conservation tag provided under AS 16.05.828 expires at the close of December 31 27 following issuance. 28 * Sec. 4. AS 16.05 is amended by adding a new section to read: 29 Sec. 16.05.828. WILDLIFE CONSERVATION TAG PROGRAM. (a) In 30 order to provide support for the wildlife conservation activities of the department, there 31 is established the wildlife conservation tag program.
01 (b) The department shall provide a patch, emblem, decal, stamp, or other 02 suitable item to serve as a wildlife conservation tag. The wildlife conservation tag and 03 proof of purchase of a wildlife conservation tag shall be available through vendors of 04 fish and game licenses and other outlets at the discretion of the commissioner. 05 (c) Notwithstanding AS 16.05.080, the commissioner shall establish the fee for 06 a wildlife conservation tag by regulation. The commissioner may establish a different 07 fee for residents and nonresidents. The commissioner may establish a different fee, 08 or waive the requirement for a wildlife conservation tag under this section, for a 09 person who is 10 (1) under the age of 16 years or over the age of 59 years; 11 (2) a public employee engaged in official business; or 12 (3) a contractor or agent for a public agency while the contractor or 13 agent is engaged in the business of the agency. 14 (d) A nonresident shall 15 (1) have in the nonresident's physical possession a valid proof of 16 purchase of a wildlife conservation tag, and comply with other applicable statutes and 17 regulations including requirements for permits, in order to enter the McNeil River State 18 Game Sanctuary or the Walrus Islands State Game Sanctuary; and 19 (2) provide a valid proof of purchase of a wildlife conservation tag at 20 the time of application for a permit to enter the McNeil River State Game Sanctuary 21 or the Walrus Islands State Game Sanctuary if a permit from the department is 22 required for entry to the sanctuary. 23 (e) A wildlife conservation tag may not be required 24 (1) for access to or from private property within or adjoining a state 25 game or wildlife sanctuary; 26 (2) to use a public easement or right-of-way across a state game or 27 wildlife sanctuary; 28 (3) of a person for whom the commissioner has waived the wildlife 29 conservation tag requirement under (c) of this section. 30 (f) The commissioner may request the legislature to designate by law 31 additional state game and wildlife sanctuaries, state game refuges, state range areas,
01 or state fish and game critical habitat areas where possession of a wildlife conservation 02 tag is required to enter, or to apply for a permit to enter, the sanctuary, refuge, or area. 03 (g) The department may contract with a person to perform the responsibilities 04 of the department under this section to provide a wildlife conservation tag. 05 Contracting under this subsection is governed by AS 36.30 (State Procurement Code), 06 except that a contract may include provisions for advance payment or reimbursement 07 for services performed under the contract. 08 (h) The revenue received from the sale of wildlife conservation tags may be 09 appropriated by the legislature to the department for programs that benefit wildlife 10 conservation, wildlife education, and wildlife viewing. In this subsection, "wildlife" 11 has the meaning given "game" in AS 16.05.940. 12 (i) A person commits a violation if the person intentionally or knowingly 13 enters upon a state game or wildlife sanctuary where the person is required to 14 physically possess proof of purchase of a wildlife conservation tag under this section 15 and does not have proof of purchase of a wildlife conservation tag in the person's 16 physical possession. Upon conviction of the violation, the person may be sentenced 17 to pay a fine not to exceed twice the fee that the person would have had to pay to 18 obtain a wildlife conservation tag at the time the person committed the violation. In 19 this subsection, "intentionally," "knowingly," and "violation" have the meanings given 20 in AS 11.81.900. 21 * Sec. 5. AS 16.05.925 is amended to read: 22 Sec. 16.05.925. PENALTY FOR VIOLATIONS. Except as provided in 23 AS 16.05.430, 16.05.722, 16.05.723, 16.05.828, 16.05.831, and 16.05.860, a person 24 who violates AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or 25 AS 16.20, is guilty of a class A misdemeanor. 26 * Sec. 6. AS 16.20.094 is amended to read: 27 Sec. 16.20.094. AUTHORITY TO ADMINISTER. Subject to 28 AS 16.05.828(d) - (e), the [THE] boards may adopt regulations governing entry, 29 development, construction, hunting, fishing, and all other uses or activities not in 30 conflict with AS 16.20.096 and 16.20.098 for the purpose of preserving the natural 31 habitat and the fish and game of the Walrus Islands State Game Sanctuary.
01 * Sec. 7. AS 16.20.096 is amended by adding a new subsection to read: 02 (b) Except as provided under AS 16.05.828(e), a nonresident may not enter the 03 Walrus Islands State Game Sanctuary without having in the person's possession a 04 proof of purchase of a wildlife conservation tag. 05 * Sec. 8. AS 16.20.162(e) is amended to read: 06 (e) Subject to AS 16.05.828(d) - (e), the [THE] boards may adopt regulations 07 governing access, entry, development, construction, fishing, and other uses and 08 activities affecting the natural habitat, fish and wildlife, and public use of the McNeil 09 River State Game Sanctuary. 10 * Sec. 9. AS 16.20.162 is amended by adding a new subsection to read: 11 (g) Except as provided under AS 16.05.828(e), a nonresident may not enter the 12 McNeil River State Game Sanctuary without having in the person's possession a proof 13 of purchase of a wildlife conservation tag. 14 * Sec. 10. This Act takes effect January 1, 1994.