CSHB 89(RES): "An Act relating to the Shuyak Island State Park."
00CS FOR HOUSE BILL NO. 89(RES) 01 "An Act relating to the Shuyak Island State Park." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21.170(a) is amended to read: 04 (a) The purpose of AS 41.21.170 - 41.21.178 is to establish, subject to valid 05 existing rights, the state-owned or acquired land and water [UPLANDS AND 06 FRESHWATER BODIES] described in AS 41.21.172 as the Shuyak Island State Park. 07 In accordance with the covenants and deed restrictions set by the Kodiak Island 08 Borough that support the basic tenets of the Alaska lifestyle, the [THE] primary 09 purpose [PURPOSES] of establishing the Shuyak Island State Park is [ARE] to 10 preserve, protect, and enhance traditional public access to and use of the area's 11 natural resources for various activities including [THE AREA'S RECREATIONAL 12 AND SCENIC RESOURCES, TO PROTECT THE AREA'S FISH AND WILDLIFE 13 HABITAT, AND TO PRESERVE AND ENHANCE THE CONTINUED USE OF 14 THE AREA FOR] sport and subsistence hunting, sport, subsistence, and commercial
01 [AND] fishing, and trapping [, AND RECREATIONAL ACTIVITIES]. 02 * Sec. 2. AS 41.21.172 is repealed and reenacted to read: 03 Sec. 41.21.172. Designated state land and water. The upland, shoreland, 04 tideland, land underlying tidally influenced inland water, and water overlying this land, 05 including both the surface and subsurface estate, owned or acquired by the state within 06 the following described parcels are designated as the Shuyak Island State Park: 07 (1) Township 17 South, Range 19 West, Seward Meridian 08 Section 18 09 Section 19 10 Section 30; 11 (2) Township 17 South, Range 20 West, Seward Meridian 12 Section 24 13 Section 25; 14 (3) Township 18 South, Range 18 West, Seward Meridian 15 Section 6 16 Section 7 17 Section 20 18 Section 28 19 Section 29; 20 (4) Township 18 South, Range 19 West, Seward Meridian 21 Section 1 22 Section 2 23 Section 4 24 Section 5 25 Sections 7 - 36; 26 (5) Township 18 South, Range 20 West, Seward Meridian 27 Section 2 28 Section 3 29 Sections 9 - 11 30 Sections 13 - 17 31 Sections 19 - 36;
01 (6) Township 18 South, Range 21 West, Seward Meridian 02 Section 36; 03 (7) Township 19 South, Range 19 West, Seward Meridian 04 Sections 1 - 24 05 Sections 26 - 34; 06 (8) Township 19 South, Range 20 West, Seward Meridian 07 Sections 1 - 30 08 Section 32: N1/2 09 Sections 33 - 36; 10 (9) Township 19 South, Range 21 West, Seward Meridian 11 Section 1 12 Sections 12 - 14 13 Section 24 14 Section 25; 15 (10) Township 20 South, Range 19 West, Seward Meridian 16 Section 4 17 Section 5 18 Section 6: N1/2, N1/2S1/2; 19 (11) Township 20 South, Range 20 West, Seward Meridian 20 Section 1: N1/2, N1/2S1/2 21 Section 2: N1/2 22 Section 3: N1/2. 23 * Sec. 3. AS 41.21.174(a) is amended to read: 24 (a) The state land and water [UPLANDS AND FRESHWATER BODIES] 25 described in AS 41.21.172 are assigned to the department for control, maintenance, and 26 development consistent with the purposes and provisions of AS 41.21.170 - 41.21.178. 27 * Sec. 4. AS 41.21.174(g) is amended to read: 28 (g) Nothing in AS 41.21.170 - 41.21.178 prohibits the Department of Fish 29 and Game from engaging in [STREAM] rehabilitation, enhancement, and development 30 of fish and game habitat under AS 16.05 [AS 16.05.092] on land and water within 31 the Shuyak Island State Park.
01 * Sec. 5. AS 41.21.176 is amended to read: 02 Sec. 41.21.176. Incompatible uses. (a) Except as provided in this section, 03 the [THE] commissioner may designate by regulation incompatible uses within the 04 land and water of the Shuyak Island State Park [PARK UPLANDS AND 05 FRESHWATER BODIES]. 06 (b) Use of a weapon in the Shuyak Island State Park shall be allowed at all 07 times for personal protection and may be prohibited only under extraordinary 08 circumstances and only at such times that public safety is threatened [EXCEPT 09 IN UNIQUE AREAS THAT MAY BE CLOSED FOR PURPOSES OF PUBLIC 10 SAFETY BY REGULATION BY THE COMMISSIONER]. 11 (c) The [THE REGULATIONS GOVERNING PUBLIC USE OF THE 12 SHUYAK ISLAND STATE PARK SHALL PROVIDE AMPLE ACCESS FOR 13 LEGAL SPORT AND SUBSISTENCE HUNTING AND FISHING, TRAPPING, AND 14 RECREATIONAL USES. EXCEPT TO PROTECT PUBLIC SAFETY THE] 15 commissioner may not restrict lawful [THE EXERCISE OF] sport, [OR] subsistence, 16 or commercial fishing, sport or subsistence [OR] hunting, or trapping permitted 17 under law or under a regulation of the Board of Fisheries or the Board of Game within 18 the Shuyak Island State Park. 19 * Sec. 6. AS 41.21.176 is amended by adding new subsections to read: 20 (d) The commissioner shall allow traditional access to 21 (1) Shuyak Island State Park for recreational purposes and for lawful 22 sport, subsistence, and commercial fishing, sport and subsistence hunting, and trapping; 23 (2) private land within the park. 24 (e) If the commissioner determines that a use is incompatible with one or more 25 other uses in a portion of the Shuyak Island State Park, the commissioner shall state 26 (1) each determination of incompatibility; 27 (2) the specific area where the incompatibility is determined to exist; 28 (3) the time within which the incompatibility is determined to exist; and 29 (4) the reasons for each determination of incompatibility. 30 * Sec. 7. AS 41.21.178 is amended to read: 31 Sec. 41.21.178. Additions to park. Land and water outside of the
01 boundaries established in AS 41.21.172 may be added to the Shuyak Island State 02 Park only by an act of the legislature. The commissioner may [NOT] acquire land and 03 water within the boundaries of the Shuyak Island State Park except by eminent 04 domain.