CSSB 280(JUD): "An Act relating to state parks, marine parks, and recreation areas and establishing the Afognak Island State Park."
00CS FOR SENATE BILL NO. 280(JUD) 01 "An Act relating to state parks, marine parks, and recreation areas and 02 establishing the Afognak Island State Park." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05 is amended by adding a new section to article 10 to read: 05 Sec. 38.05.297. REPORT TO LEGISLATURE WHEN NEW STATE PARKS 06 AND RECREATION AREAS ARE DESIGNATED; INTENT. (a) Whenever a new 07 state park or recreation area is designated by the legislature that removes the park or 08 recreation land from multiple purpose use the department shall, by the next regular 09 legislative session after the effective date of the Act creating the park or recreation 10 area, identify an amount of existing state park and recreation area land that is equal 11 to the newly created state park and recreation land and that can be returned to multiple 12 purpose use. 13 (b) Since state parks are of limited use and purpose, eliminate other 14 economically productive uses, and are costly to administer and manage, it is important
01 that the creation of new state parks and recreation areas be offset by the 02 reclassification of existing state park and recreation area land to multiple purpose use. 03 * Sec. 2. AS 41.21 is amended by adding new sections to read: 04 Sec. 41.21.185. FINDINGS AND PURPOSE OF AS 41.21.185 - 41.21.189. 05 (a) The purpose of AS 41.21.185 - 41.21.189 is to establish, subject to valid existing 06 rights including those rights created by the Afognak Island Road Use Agreement 07 executed on July 24, 1991, and as amended from time to time, the state-owned or 08 acquired land and water described in AS 41.21.186 as the Afognak Island State Park. 09 The primary purpose of establishing Afognak Island State Park is to satisfy the 10 imposed requirement that the use of the area's resources be severely limited in scope. 11 The alternative to establishing this area as a state park, permitting the land to revert 12 to federal ownership, would provide for even less development and enhancement 13 possibilities than will be potentially available under state ownership. Federal 14 ownership would result in fewer enhancement opportunities than will be available if 15 the land is owned by the state. To ensure some viable economic use of the area, the 16 state, with reservation, accepts title to this land. Classifying this area as a state park 17 eliminates timber and mineral production on this land, thereby devastating employment 18 opportunities in and around the neighboring communities. Within these burdensome 19 restrictions, this area should be promoted to achieve the maximum amount of resource 20 utilization possible. Specifically, the area should be managed to maximize other 21 resources in the area, namely the enhancement of fish and game. All forms of fish and 22 stream enhancement shall be allowed, including but not limited to stream bed 23 enhancement, egg boxes, fish transplants, and other enhancement technology known 24 or that may become known. The transplantation of game and other enhancement 25 techniques are permitted within this area. Since parks are a limited purpose use that 26 eliminate otherwise economically productive areas and are costly to administer and 27 manage, it is important that any additional grants of land for this purpose be offset by 28 reclassification of existing state park and recreation land to general multiple use 29 designation. The legislature accepts this land and reclassifies additional state park and 30 recreation land to a general multiple use designation. The other purposes of 31 establishing the Afognak Island State Park are to protect the area's recreational and
01 scenic resources; to protect the area's fish and wildlife habitat; to preserve and enhance 02 the continued use of the area for sport and subsistence hunting and fishing, personal 03 use fishing, trapping, recreational activities, and commercial fishing; and to restore and 04 enhance resources and services injured by the Exxon Valdez oil spill. 05 (b) Under the provisions of AS 38.05.300, state land, water, or land and water 06 containing more than 640 acres may be closed to multiple purpose use only by act of 07 the legislature. Because the area described in AS 41.21.186 exceeds 640 acres, 08 AS 41.21.185 - 41.21.189 are intended to close the described land and water to 09 multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a 10 special purpose site in accordance with art. VIII, sec. 7, Constitution of the State of 11 Alaska. 12 (c) The legislature recognizes the rights of the owners of the private land that 13 adjoins the Afognak Island State Park established in AS 41.21.185 - 41.21.189. The 14 status of the land as a park will not impair the uses to which private land that adjoins 15 the park may be put in the future. 16 Sec. 41.21.186. AFOGNAK ISLAND STATE PARK ESTABLISHED. The 17 upland, shoreland, tideland, land underlying tidally influenced inland water, and water 18 overlying this land, including both the surface and subsurface estate, owned or 19 acquired by the state within the following described parcels are established as the 20 Afognak Island State Park: 21 (1) Township 21 South, Range 16 West, Seward Meridian according 22 to the United States of America, Department of the Interior, Bureau of Land 23 Management plat accepted December 6, 1989, and filed December 22, 1989 24 Section 19: Lots 1 - 3 25 Sections 30 - 31: (fractional) all; 26 (2) Township 22 South, Range 16 West, Seward Meridian according 27 to the United States of America, Department of the Interior, Bureau of Land 28 Management plat accepted December 6, 1989, and filed December 22, 1989 29 Section 6: (fractional) all 30 Section 7: Lots 1 - 2 31 Sections 18 - 19: (fractional) all
01 Section 31: (fractional) all; 02 (3) Township 20 South, Range 17 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 32: (fractional) all; 06 (4) Township 21 South, Range 17 West, Seward Meridian according 07 to the United States of America, Department of the Interior, Bureau of Land 08 Management plat accepted December 6, 1989, and filed December 22, 1989 09 Sections 6 - 8: (fractional) all 10 Section 13: (fractional) all 11 Section 17: (fractional) all 12 Section 18: all 13 Sections 19 - 20: (fractional) all 14 Sections 23 - 24: (fractional) all 15 Section 25: all 16 Section 26: (fractional) all 17 Sections 29 - 31: (fractional) all 18 Sections 33 - 35: (fractional) all 19 Section 36: all; 20 (5) Township 22 South, Range 17 West, Seward Meridian according 21 to the United States of America, Department of the Interior, Bureau of Land 22 Management plat accepted December 6, 1989, and filed December 22, 1989 23 Section 1: all 24 Sections 2 - 5: (fractional) all 25 Sections 8 - 9: (fractional) all 26 Section 11: all 27 Section 12: (fractional) all 28 Sections 13 - 14: all 29 Section 17: (fractional) all 30 Sections 19 - 20: (fractional) all 31 Section 23: all
01 Sections 24 - 25: (fractional) all 02 Sections 26 - 29: all 03 Sections 30 - 31: (fractional) all 04 Sections 32 - 35: all 05 Section 36: (fractional) all; 06 (6) All of Township 23 South, Range 17 West, Seward Meridian 07 according to the United States of America, Department of the Interior, Bureau of Land 08 Management plat accepted December 6, 1989, and filed December 22, 1989; and the 09 supplemental plat for Section 3 accepted April 11, 1990, and filed April 19, 1990, and 10 the supplemental plat for Section 19 accepted November 9, 1990, and filed 11 November 23, 1990; 12 (7) Township 21 South, Range 18 West, Seward Meridian according 13 to the United States of America, Department of the Interior, Bureau of Land 14 Management plat accepted December 6, 1989, and filed December 22, 1989 15 Section 1: Lots 1 - 3 16 Sections 11 - 12: (fractional) all 17 Section 13: all 18 Section 14: (fractional) all 19 Section 15: Lots 1 and 2 20 Section 16: Lots 1 and 2 21 Section 17: Lot 1, excepting the property described as follows: 22 Commencing at the monument set for the northwest corner of 23 Section 6, Township 21, South, Range 18 West, Seward 24 Meridian, proceed South a distance of 10,560 feet along the 25 westerly boundaries of Sections 6 and 7; thence proceed East 26 along the section line common to sections 7 and 18 a distance 27 of 4999 feet, more or less, to the protracted section corner 28 common to sections 7, 8, 17, and 18, said corner being the True 29 Point of Beginning; thence continuing East a distance of 1320 30 feet along the north boundary of Lot 1 of section 17; thence 31 South a distance of 2640 feet; thence West a distance of 1320
01 feet, more or less, to the westerly boundary of Lot 1 of section 02 17; thence North a distance of 2640 feet, more or less, along the 03 westerly boundary of said Lot 1 of section 17 to the True Point 04 of Beginning; The foregoing exception having an area of 80 05 acres, more or less 06 Section 17: Lot 2: all 07 Sections 20 - 22: (fractional) all 08 Sections 23 - 29: all 09 Sections 31 - 36: all; 10 (8) Township 22 South, Range 18 West, Seward Meridian according 11 to the United States of America, Department of the Interior, Bureau of Land 12 Management plat accepted December 6, 1989, and filed December 22, 1989 13 Section 36: Lot 2; 14 (9) Township 23 South, Range 18 West, Seward Meridian according 15 to the United States of America, Department of the Interior, Bureau of Land 16 Management plat accepted December 6, 1989, and filed December 22, 1989 17 Section 1: Lot 1 18 Section 12: Lot 1 19 Section 13: Lots 1, 2, and 3 20 Sections 24 - 25: (fractional) all; 21 (10) Township 21 South, Range 19 West, Seward Meridian according 22 to the United States of America, Department of the Interior, Bureau of Land 23 Management plat accepted December 6, 1989, and filed December 22, 1989 24 Sections 35 - 36: all 25 All of plat no. 93-40 within portions of Sections 26, 27, and 34, 26 as filed in the Kodiak Recording District October 19, 1993; 27 (11) All of Alaska Tideland Survey No. 1474. 28 Sec. 41.21.187. DESIGNATION OF MANAGEMENT RESPONSIBILITY. 29 (a) The state land and water described in AS 41.21.186 is assigned to the department 30 as a unit of the state park system for control, maintenance, and development consistent 31 with the purposes and provisions of AS 41.21.185 - 41.21.189.
01 (b) The Department of Fish and Game is responsible for the management of 02 fish and game resources in the Afognak Island State Park, consistent with the sustained 03 yield principle and the purposes and provisions of this chapter. The Board of 04 Fisheries, the Board of Game, and the commissioner of fish and game are responsible 05 for adopting regulations governing uses of fish and game in accordance with AS 16. 06 The fish and game habitat and breeding areas shall be managed to ensure that the fish 07 and game resources of the park and habitat are maintained or enhanced. 08 (c) The Department of Natural Resources shall consult with the Department 09 of Fish and Game before adoption of regulations governing public use of the Afognak 10 Island State Park. 11 (d) The Board of Fisheries, the Board of Game, and the commissioner of fish 12 and game shall consult with the Department of Natural Resources before adoption of 13 regulations governing fish and game use in the Afognak Island State Park. 14 (e) Regulations under this section shall be adopted under AS 44.62 15 (Administrative Procedure Act). 16 (f) The Department of Public Safety shall have necessary access to the 17 Afognak Island State Park for fish and game management and enforcement purposes. 18 The Department of Fish and Game shall have unlimited access and use of the Afognak 19 Island State Park for fish and game management, research, enhancement, and 20 enforcement purposes. 21 Sec. 41.21.188. INCOMPATIBLE USES. (a) The commissioner may 22 designate by regulation incompatible uses within the land and water of the Afognak 23 Island State Park. 24 (b) Lawful use of a weapon in the Afognak Island State Park shall be allowed 25 except in areas that may be closed for purposes of public safety by regulation by the 26 commissioner. 27 (c) The regulations governing public use of the Afognak Island State Park 28 must provide reasonable access for lawful sport and subsistence hunting and fishing, 29 personal use fishing, trapping, recreational uses, and commercial fishing. Except to 30 protect public safety, the commissioner may not restrict the exercise of sport or 31 subsistence hunting or fishing, personal use fishing, trapping, or commercial fishing
01 permitted under law or under a regulation of the Board of Fisheries or the Board of 02 Game within the Afognak Island State Park. 03 (d) The commissioner may not designate as an incompatible use a use 04 permitted by the Afognak Island Road Use Agreement executed on July 24, 1991, and 05 as amended from time to time. 06 Sec. 41.21.189. ADDITIONS TO PARK. Land and water outside of the 07 boundaries established under AS 41.21.186 may be added to the Afognak Island State 08 Park only by an act of the legislature. The commissioner may acquire land and water 09 within the boundaries of the Afognak Island State Park except by eminent domain. 10 * Sec. 3. AS 41.21.475 is amended to read: 11 Sec. 41.21.475. CHENA RIVER STATE RECREATION AREA 12 ESTABLISHED. The presently state-owned land and water, vacant and 13 unappropriated, and all that acquired in the future by the state, lying within the 14 following described boundary, are hereby designated as the Chena River State 15 Recreation Area, are reserved from all uses incompatible with their primary function 16 as public recreation land, and are assigned to the department for control, development, 17 and maintenance: 18 [(1) PROTRACTED SECTIONS AND TOWNSHIPS. - TOWNSHIP 19 1 NORTH, RANGE 6 EAST, FAIRBANKS MERIDIAN, SECTION 24; TOWNSHIP 20 1 NORTH, RANGE 7 EAST, FAIRBANKS MERIDIAN, SECTIONS 1, 2, 3, 8, 9, 10, 21 11, 12, 15, 16, 17, 19, 20 AND 21; TOWNSHIP 2 NORTH, RANGE 7 EAST, 22 FAIRBANKS MERIDIAN, SECTIONS 12, 13, 24, 25, 35, AND 36; TOWNSHIP 2 23 NORTH, RANGE 8 EAST, FAIRBANKS MERIDIAN, SECTIONS 6, 7, AND 18; 24 (2)] beginning at the N.W. Corner [OF THE AREA DESIGNATED IN 25 (1) OF THIS SECTION, SAID POINT BEING THE N.W. CORNER] of Section 6, 26 T2N, R8E, Fairbanks Meridian; thence north along the section line to the N.E. corner 27 of Section 25, T3N, R7E; thence west along the section line to the S.W. corner of the 28 S.E. 1/4 of Section 20, T3N, R7E; thence north along the 1/4 section line to the N.E. 29 corner of the N.W. 1/4, Section 17, T3N, R7E; thence west along the section line to 30 the N.W. corner of Section 16, T3N, R6E; thence south along the section line to the 31 N.W. corner of Section 16, T2N, R6E; thence west along the section line to the N.W.
01 corner of Section 14, T2N, R5E; thence south along the section line to the N.W. corner 02 of Section 23, T1N, R5E; thence west along the section line to the N.W. corner of 03 Section 20, T1N, R5E; thence south along the section line to the S.W. corner of 04 Section 32, T1N, R5E; thence east to the N.W. corner of Section 2, T1S, R5E; thence 05 south along the section line to the S.W. corner of Section 11, T1S, R5E; thence east 06 along the section line to the S.W. corner of Section 10, T1S, R6E; thence south along 07 the section line to the S.W. corner of Section 10, T2S, R6E; thence east along the 08 section line to the S.W. corner of Section 7, T2S, R9E; thence north along the section 09 line to the N.W. corner of Section 6, T1S, R9E; thence east to the S.E. corner of 10 Section 36, T1N, R8E; thence north along the section line to the N.E. corner of 11 Section 12, T2N, R8E; thence west along the section line to the N.E. corner of Section 12 7, T2N, R8E; thence north along the section line to the N.E. corner of Section 6, T2N, 13 R8E; thence west along the section line to the point of beginning, containing 14 approximately 254,080 acres. 15 * Sec. 4. AS 41.21.180, 41.21.181, 41.21.182, 41.21.183, 41.21.304(2), 41.21.304(4), 16 41.21.304(5), 41.21.304(7), 41.21.304(10), 41.21.304(11), 41.21.304(12), 41.21.304(13), 17 41.21.304(14), 41.21.304(15), 41.21.304(16), 41.21.304(17), 41.21.304(19), and 41.21.304(26), 18 are repealed.