CSSB 280(STA): "An Act establishing the Afognak Island State Park."
00CS FOR SENATE BILL NO. 280(STA) 01 "An Act establishing the Afognak Island State Park." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21 is amended by adding new sections to read: 04 Sec. 41.21.185. PURPOSE OF AS 41.21.185 - 41.21.189. (a) The purpose 05 of AS 41.21.185 - 41.21.189 is to establish, subject to valid existing rights, the state-owned or acquired land and wat 06 described in AS 41.21.186 as the Afognak Island 07 State Park. The primary purposes of establishing the Afognak Island State Park are 08 to protect the area's recreational and scenic resources; to protect the area's fish and 09 wildlife habitat; to preserve and enhance the continued use of the area for sport and 10 subsistence hunting and fishing, personal use fishing, trapping, recreational activities, 11 and commercial fishing; and to restore and enhance resources and services injured by 12 the Exxon Valdez oil spill. 13 (b) Under the provisions of AS 38.05.300, state land, water, or land and water 14 containing more than 640 acres may be closed to multiple purpose use only by act of
01 the legislature. Because the area described in AS 41.21.186 exceeds 640 acres, 02 AS 41.21.185 - 41.21.189 are intended to close the described land and water to 03 multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a 04 special purpose site in accordance with art. VIII, sec. 7, Constitution of the State of 05 Alaska. 06 Sec. 41.21.186. AFOGNAK ISLAND STATE PARK ESTABLISHED. The 07 upland, shoreland, tideland, land underlying tidally influenced inland water, and water 08 overlying this land, including both the surface and subsurface estate, owned or 09 acquired by the state within the following described parcels are established as the 10 Afognak Island State Park: 11 (1) Township 21 South, Range 16 West, Seward Meridian according 12 to the United States of America, Department of the Interior, Bureau of Land 13 Management plat accepted December 6, 1989, and filed December 22, 1989 14 Section 19: Lots 1 - 3 15 Sections 30 - 31: (fractional) all; 16 (2) Township 22 South, Range 16 West, Seward Meridian according 17 to the United States of America, Department of the Interior, Bureau of Land 18 Management plat accepted December 6, 1989, and filed December 22, 1989 19 Section 6: (fractional) all 20 Section 7: Lots 1 - 2 21 Sections 18 - 19: (fractional) all 22 Section 31: (fractional) all; 23 (3) Township 20 South, Range 17 West, Seward Meridian according 24 to the United States of America, Department of the Interior, Bureau of Land 25 Management plat accepted December 6, 1989, and filed December 22, 1989 26 Section 32: (fractional) all; 27 (4) Township 21 South, Range 17 West, Seward Meridian according 28 to the United States of America, Department of the Interior, Bureau of Land 29 Management plat accepted December 6, 1989, and filed December 22, 1989 30 Sections 6 - 8: (fractional) all 31 Section 13: (fractional) all
01 Section 17: (fractional) all 02 Section 18: all 03 Sections 19 - 20: (fractional) all 04 Sections 23 - 24: (fractional) all 05 Section 25: all 06 Section 26: (fractional) all 07 Sections 29 - 30: (fractional) all 08 Section 31: (fractional) all 09 Sections 33 - 35: (fractional) all 10 Section 36: all; 11 (5) Township 22 South, Range 17 West, Seward Meridian according 12 to the United States of America, Department of the Interior, Bureau of Land 13 Management plat accepted December 6, 1989, and filed December 22, 1989 14 Section 1: all 15 Sections 2 - 5: (fractional) all 16 Sections 8 - 9: (fractional) all 17 Section 11: all 18 Section 12: (fractional) all 19 Sections 13 - 14: all 20 Sections 17: (fractional) all 21 Sections 19 - 20: (fractional) all 22 Section 23: all 23 Sections 24 - 25: (fractional) all 24 Sections 26 - 29: all 25 Sections 30 - 31: (fractional) all 26 Sections 32 - 35: all 27 Section 36: (fractional) all; 28 (6) All of Township 23 South, Range 17 West, Seward Meridian 29 according to the United States of America, Department of the Interior, Bureau of Land 30 Management plat accepted December 6, 1989, and filed December 22, 1989; and the 31 supplemental plat for Section 3 accepted April 11, 1990, and filed April 19, 1990, and
01 the supplemental plat for Section 19 accepted November 9, 1990, and filed 02 November 23, 1990; 03 (7) Township 21 South, Range 18 West, Seward Meridian according 04 to the United States of America, Department of the Interior, Bureau of Land 05 Management plat accepted December 6, 1989, and filed December 22, 1989 06 Section 1: Lots 1 - 3 07 Sections 11 - 12: (fractional) all 08 Section 13: all 09 Section 14: (fractional) all 10 Section 15: Lots 1 and 2 11 Section 16: Lots 1 and 2 12 Section 17: Lot 1, excepting the property described as follows: 13 Commencing at the monument set for the northwest corner of Section 6, 14 Township 21, South, Range 18 West, Seward Meridian, proceed South a 15 distance of 10,560 feet along the westerly boundaries of Sections 6 and 7; 16 thence proceed East along the section line common to sections 7 and 18 a 17 distance of 4999 feet, more or less, to the protracted section corner common 18 to sections 7, 8, 17, and 18, said corner being the True Point of Beginning; 19 thence continuing East a distance of 1320 feet along the north boundary of 20 Lot 1 of section 17; thence South a distance of 2640 feet; thence West a 21 distance of 1320 feet, more or less, to the westerly boundary of Lot 1 of 22 section 17; thence North a distance of 2640 feet, more or less, along the 23 westerly boundary of said Lot 1 of section 17 to the True Point of Beginning; 24 The foregoing exception having an area of 80 acres, more or less 25 Section 17: Lot 2: all 26 Sections 20 - 22: (fractional) all 27 Sections 23 - 29: all 28 Sections 31 - 36: all; 29 (8) Township 22 South, Range 18 West, Seward Meridian according 30 to the United States of America, Department of the Interior, Bureau of Land 31 Management plat accepted December 6, 1989, and filed December 22, 1989
01 Section 36: Lot 2; 02 (9) Township 23 South, Range 18 West, Seward Meridian according 03 to the United States of America, Department of the Interior, Bureau of Land 04 Management plat accepted December 6, 1989, and filed December 22, 1989 05 Section 1: Lot 1 06 Section 12: Lot 1 07 Section 13: Lots 1, 2, and 3 08 Sections 24 - 25: (fractional) all; 09 (10) Township 21 South, Range 19 West, Seward Meridian according 10 to the United States of America, Department of the Interior, Bureau of Land 11 Management plat accepted December 6, 1989, and filed December 22, 1989 12 Sections 35 - 36: all 13 All of plat no. 93-40 within portions of Sections 26, 27, and 34, 14 as filed in the Kodiak Recording District October 19, 1993 15 All of Alaska Tideland Survey No. 1474. 16 Sec. 41.21.187. DESIGNATION OF MANAGEMENT RESPONSIBILITY. 17 (a) The state land and water described in AS 41.21.186 is assigned to the department 18 as a unit of the state park system for control, maintenance, and development consistent 19 with the purposes and provisions of AS 41.21.185 - 41.21.189. 20 (b) The Department of Fish and Game is responsible for the management of 21 fish and game resources in the Afognak Island State Park, consistent with the sustained 22 yield principle and the purposes and provisions of this chapter. The Board of 23 Fisheries, the Board of Game, and the commissioner of fish and game are responsible 24 for adopting regulations governing uses of fish and game in accordance with AS 16. 25 The fish and game habitat and breeding areas shall be managed to ensure that the fish 26 and game resources of the park and habitat are maintained or enhanced. 27 (c) The Department of Natural Resources shall consult with the Department 28 of Fish and Game before adoption of regulations governing public use of the Afognak 29 Island State Park. 30 (d) The Board of Fisheries, the Board of Game, and the commissioner of fish 31 and game shall consult with the Department of Natural Resources before adoption of
01 regulations governing fish and game use in the Afognak Island State Park. 02 (e) Regulations under this section shall be adopted under AS 44.62 03 (Administrative Procedure Act). 04 (f) The Department of Public Safety and the Department of Fish and Game 05 shall have necessary access to the Afognak Island State Park for fish and game 06 management, research, and enforcement purposes. 07 Sec. 41.21.188. INCOMPATIBLE USES. (a) The commissioner may 08 designate by regulation incompatible uses within the land and water of the Afognak 09 Island State Park. 10 (b) Lawful use of a weapon in the Afognak Island State Park shall be allowed 11 except in areas that may be closed for purposes of public safety by regulation by the 12 commissioner. 13 (c) The regulations governing public use of the Afognak Island State Park 14 must provide reasonable access for lawful sport and subsistence hunting and fishing, 15 personal use fishing, trapping, recreational uses, and commercial fishing. Except to 16 protect public safety, the commissioner may not restrict the exercise of sport or 17 subsistence hunting or fishing, personal use fishing, trapping, or commercial fishing 18 permitted under law or under a regulation of the Board of Fisheries or the Board of 19 Game within the Afognak Island State Park. 20 Sec. 41.21.189. ADDITIONS TO PARK. Land and water outside the 21 boundaries established under AS 41.21.186 may be added to the Afognak Island State 22 Park only by an act of the legislature. The commissioner may acquire land and water 23 within the boundaries of the Afognak Island State Park except by eminent domain.