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