CSHB 168(RES): "An Act relating to use of traditional means of access to assist in taking game or fish and to traditional means of access for traditional outdoor activities on land and water set aside for fish and game purposes; and providing for an effective date."
00CS FOR HOUSE BILL NO. 168(RES) 01 "An Act relating to use of traditional means of access to assist in taking game 02 or fish and to traditional means of access for traditional outdoor activities on 03 land and water set aside for fish and game purposes; and providing for an 04 effective date." 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. 16.05.794. Regulation of means of access. (a) After January 1, 1998, 08 the Board of Game may not adopt a regulation prohibiting the use of a traditional 09 means of access to assist in taking game unless the prohibition is 10 (1) temporary in nature and effective cumulatively less than eight 11 months in a three-year period; 12 (2) applicable to an area of 640 acres or less of land, water, or land and 13 water; 14 (3) biologically essential for the protection of a game resource or of
01 fish or game habitat; 02 (4) expressly authorized under this title; or 03 (5) authorized by act of the legislature. 04 (b) After January 1, 1998, the Board of Fisheries may not adopt a regulation 05 prohibiting the use of a traditional means of access to assist in taking fish unless the 06 prohibition is 07 (1) temporary in nature and effective cumulatively less than eight 08 months in a three-year period; 09 (2) applicable to an area of 640 acres or less of land, water, or land and 10 water; 11 (3) biologically essential for the protection of a fishery resource or of 12 fish or game habitat; 13 (4) expressly authorized under this title; or 14 (5) authorized by act of the legislature. 15 (c) A regulation adopted by the Board of Game or Board of Fisheries that 16 prohibits the use of a traditional means of access to assist in the taking of game or fish 17 and that is in effect on January 1, 1998, remains in effect for the period prescribed by 18 the appropriate board or until the regulation is repealed or is amended to eliminate the 19 prohibition. 20 (d) In this section, "traditional means of access" means those types of 21 transportation in an area for which a popular pattern of use has developed; in this 22 subsection, "types of transportation" includes flying, ballooning, boating, using snow 23 vehicles, operation of all-terrain vehicles, horseback riding, mushing, skiing, 24 snowshoeing, and walking. 25 * Sec. 2. AS 16.20 is amended by adding a new section to read: 26 Article 6. General Provisions. 27 Sec. 16.20.980. Access for traditional uses. (a) The Department of Fish and 28 Game, Board of Game, and Board of Fisheries may not restrict traditional means of 29 access for the purpose of conducting traditional outdoor activities within a state game 30 refuge, state game or wildlife sanctuary, threatened species habitat preservation area, 31 state range area, or fish and game critical habitat area unless the restriction is
01 (1) temporary in nature and effective cumulatively less than eight 02 months in a three-year period; 03 (2) applicable to an area of 640 acres or less of state land, water, or 04 land and water; 05 (3) biologically essential for the protection of a fish or game resource 06 and a reasonable alternative for the traditional means of access across the land, water, 07 or land and water for traditional outdoor activities on other land, water, or land and 08 water is available; 09 (4) expressly authorized under this chapter; or 10 (5) authorized by act of the legislature. 11 (b) In this section, 12 (1) "traditional means of access" means those types of transportation 13 on, to, or in the state land, water, or land and water for which a popular pattern of use 14 has developed; in this paragraph, "types of transportation" includes flying, ballooning, 15 boating, using snow vehicles, operation of all-terrain vehicles, horseback riding, 16 mushing, skiing, snowshoeing, and walking; 17 (2) "traditional outdoor activities" means those types of activities that 18 people may use for sport, exercise, subsistence, including the harvest of natural 19 foodstuffs, or personal enjoyment, including hunting, fishing, trapping, gathering, or 20 recreational mining, and that have historically been conducted as part of an individual, 21 family, or community life pattern on or in the state land, water, or land and water. 22 * Sec. 3. Section 1 of this Act is retroactive to January 1, 1998. 23 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).