CSSB 262(RES): "An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas; and amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure."
00CS FOR SENATE BILL NO. 262(RES) 01 "An Act relating to management of game populations for maximum sustained yield 02 for human harvest and providing for the replacement of areas closed to 03 consumptive uses of game; relating to management of fish and game areas; and 04 amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05 is amended by adding a new section to read: 07 Sec. 16.05.005. MANAGEMENT OF GAME. (a) Notwithstanding any other 08 law to the contrary, game populations shall be managed solely on a biological basis. 09 In areas where human harvest has been found to be an important use of game, game 10 populations in those areas shall be managed for maximum sustained yield by human 11 harvest. Consumptive use of game is the highest and best use of game. This section 12 does not apply on land designated as a park or a state game sanctuary where 13 consumptive use of game is prohibited. 14 (b) If the department, the Board of Game, or other agency of the state, closes
01 an area to the taking of a game species for consumptive use for subsistence or sport 02 uses, or closes an area to the taking of a game species for consumptive use by a 03 method, manner, or means that was permitted in the area before the closure, the Board 04 of Game at its next regularly scheduled meeting after the closure shall open a new area 05 or areas where the consumptive uses that were prohibited can occur and where healthy 06 populations of the affected game species are present. The new area or areas opened 07 by the board shall be at least three times larger than the area that was closed. This 08 subsection does not apply to a temporary closure based upon a biological emergency. 09 (c) A person may bring a civil action in a court of competent jurisdiction 10 against a state agency or a public official, other than a member of the Board of Game, 11 for an injunction to compel compliance with this section or to compel remedial action 12 to correct a violation of this section. A public official, other than a member of the 13 Board of Game, is not immune from suit under this section. 14 (d) A person who brings an action to enforce this section and who prevails in 15 the action is entitled to recover the full, true, and actual costs of litigation, including 16 100 percent of actual attorney fees. 17 (e) In this section, 18 (1) "harvestable surplus" means the estimated number of animals that 19 is equal to the number of offspring born in a game population during a year less the 20 number of animals in the population that die during the year from all causes other than 21 predation or human harvest; 22 (2) "highest levels of human harvest" means the harvest of greater than 23 one-third or more of the harvestable surplus of a game population by humans; 24 (3) "maximum sustained yield" means the achievement and 25 maintenance in perpetuity of the highest levels of human harvest on an annual basis 26 of game, other than mammalian predators. 27 * Sec. 2. AS 16.05 is amended by adding a new section to read: 28 Sec. 16.05.145. PUBLIC TRUST FOR SPECIAL FISH AND GAME 29 MANAGEMENT AREAS. (a) The state has created a public trust by the use of 30 revenue generated from taxes, license fees, and other fees paid by sportsmen, by the 31 acceptance and use of funds received from federal aid in sport fish and wildlife
01 restoration programs, and by the establishment of state game refuges, range areas, 02 special management areas, critical habitat areas, and similar areas established by law. 03 (b) This public trust would be breached by 04 (1) restricting public access to state game refuges, range areas, 05 sanctuaries, special management areas, critical habitat areas, and similar areas 06 established by law, except when the restriction on access is necessary solely for the 07 purpose of protecting habitat from damage due to the method of access; 08 (2) restricting fishing, hunting, and trapping activities and opportunities 09 on state game refuges, range areas, special management areas, critical habitat areas, 10 and similar areas established by law in a manner that is inconsistent with maximum 11 sustained yield of fish and game; or 12 (3) utilization of the revenue generated from taxes, license fees, and 13 other fees paid by sportsmen or funds received from federal aid in sport fish and 14 wildlife restoration programs 15 (A) in an area where consumptive use of fish and game is not 16 permitted; or 17 (B) for management of nongame species. 18 (c) If the state breaches this public trust, the state shall either acquire an area 19 of land or designate an area of state land equal to three times the acreage of land on 20 which the public trust was breached in order to provide a location in the same 21 geographic area where unrestricted fishing, hunting, or trapping activities can occur. 22 (d) A person may bring a civil action in a court of competent jurisdiction 23 against a state agency or a public official for an injunction to compel compliance with 24 this section or to compel remedial action to correct a violation of this section. A 25 public official is not immune from suit under this section. 26 (e) A person who brings an action to enforce this section and who prevails in 27 the action is entitled to recover the full, true, and actual costs of litigation, including 28 100 percent of actual attorney fees. 29 (f) In this section, 30 (1) "harvestable surplus" means the estimated number of animals that 31 is equal to the number of offspring born in a game population during a year less the
01 number of animals in the population that die during the year from all causes other than 02 predation or human harvest; 03 (2) "highest levels of human harvest" means the harvest of greater than 04 one-third or more of the harvestable surplus of a fish stock or game population by 05 humans; 06 (3) "maximum sustained yield" means the achievement and 07 maintenance in perpetuity of the highest levels of human harvest on an annual basis 08 of game, other than mammalian predators, or of fish. 09 * Sec. 3. AS 16.20.020 is amended to read: 10 Sec. 16.20.020. PURPOSE. The purpose of AS 16.20.010 - 16.20.080 is to 11 conserve, maintain, and develop habitat and game populations [PROTECT AND 12 PRESERVE THE NATURAL HABITAT AND GAME POPULATION] in certain 13 designated areas of the state and to guarantee access to and continued public 14 fishing, hunting, and trapping activities and opportunities in these areas, 15 consistent with maximum sustained yield. 16 * Sec. 4. AS 16.20.075 is amended to read: 17 Sec. 16.20.075. REGULATIONS. The board shall, under AS 16.05, adopt 18 regulations 19 (1) governing the taking of game on state game refuges it considers 20 advisable for conservation and protection purposes; 21 (2) guaranteeing access to and for continued consumptive uses. 22 * Sec. 5. AS 16.20 is amended by adding a new section to article 4 to read: 23 Sec. 16.20.295. PURPOSE. In addition to the purposes stated in AS 16.20.300 24 - 16.20.360, state range areas are created to guarantee access to and continued public 25 fishing, hunting, and trapping activities and opportunities in these areas, consistent with 26 maximum sustained yield. 27 * Sec. 6. AS 16.20.500 is amended to read: 28 Sec. 16.20.500. PURPOSE. The purpose of AS 16.20.500 - 16.20.690 is to 29 protect and preserve habitat areas especially crucial to the perpetuation of fish and 30 wildlife, and to restrict all other uses not compatible with that primary purpose and 31 to guarantee access to and continued public fishing, hunting, and trapping
01 activities and opportunities in critical habitat areas, consistent with maximum 02 sustained yield. 03 * Sec. 7. AS 16.20.510 is amended to read: 04 Sec. 16.20.510. REGULATIONS. The Board of Fisheries and the Board of 05 Game, where appropriate, shall adopt regulations they consider advisable for 06 (1) conservation and protection purposes governing the taking of fish 07 and game in state fish and game critical habitat areas; 08 (2) guaranteeing access to and continued public fishing, hunting, 09 and trapping activities and opportunities in fish and game critical habitat areas, 10 consistent with maximum sustained yield. 11 * Sec. 8. AS 16.20 is amended by adding a new section to read: 12 ARTICLE 6. GENERAL PROVISIONS. 13 Sec. 16.20.990. DEFINITION. In this chapter, "maximum sustained yield" has 14 the meaning given in AS 16.05.145. 15 * Sec. 9. AS 16.05.005(d), added by sec. 1 of this Act, and AS 16.05.145(e), added by sec. 16 2 of this Act, have the effect of amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil 17 Procedure, by providing that a person who prevails in an action under AS 16.05.005(c) or 18 16.05.145(d) is entitled to recover the full, true, and actual costs of bringing and prosecuting 19 the action, including 100 percent of actual attorney fees incurred to bring and prosecute the 20 action. 21 * Sec. 10. AS 16.05.005(d), added by sec. 1 of this Act, and AS 16.05.145(e), added by 22 sec. 2 of this Act, take effect only if sec. 9 of this Act receives the two-thirds majority vote 23 of each house required by art. IV, sec. 15, Constitution of the State of Alaska.