CSHB 168(RLS): "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(RLS) 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 for sport, 06 subsistence, or personal use unless the 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on January 1, 1998, remains in effect for the period prescribed by 18 the appropriate board or until the regulation is repealed or is amended to eliminate the 19 prohibition. 20 (d) In this section, 21 (1) "biologically essential" means necessary to maintain the historical 22 sustained yield harvest level of a fish stock or game population if traditional 23 management measures, including regulation of time, area, methods, means, bag limits, 24 and similar measures, are not successful in achieving management objectives for the 25 stock or population; 26 (2) "traditional means of access" means those types of transportation 27 in an area for which a popular pattern of use has developed; in this subsection, "types 28 of transportation" includes flying fixed-wing aircraft, boating, using snow vehicles, 29 operation of all-terrain vehicles, horseback riding, mushing, skiing, snowshoeing, and 30 walking. 31 * Sec. 2. AS 16.20 is amended by adding a new section to read:
01 Article 6. General Provisions. 02 Sec. 16.20.980. Access for traditional uses. (a) The Department of Fish and 03 Game, Board of Game, and Board of Fisheries may not restrict traditional means of 04 access for the purpose of hunting, fishing for sport, subsistence, or personal use, or 05 trapping within a state game refuge, state game or wildlife sanctuary, threatened 06 species habitat preservation area, state range area, or fish and game critical habitat area 07 unless the restriction is 08 (1) temporary in nature and effective cumulatively less than eight 09 months in a three-year period; 10 (2) applicable to an area of 640 acres or less of state land, water, or 11 land and water; 12 (3) biologically essential for the protection of a fish or game resource 13 and a reasonable alternative for the traditional means of access across the land, water, 14 or land and water for traditional outdoor activities on other land, water, or land and 15 water is available; 16 (4) expressly authorized under this chapter; or 17 (5) authorized by act of the legislature. 18 (b) Notwithstanding (a) of this section, a regulation of the Board of Fisheries 19 or the Board of Game that restricts the use of a traditional means of access to assist 20 in the taking of fish or game and that was in effect on January 1, 1998, may remain 21 in effect for the period prescribed by the board or until the regulation is repealed or 22 is amended to eliminate the restriction. 23 (c) In this section, 24 (1) "biologically essential" means necessary to maintain the historical 25 sustained yield harvest level of a fish stock or game population if traditional 26 management measures, including regulation of time, area, methods, means, bag limits, 27 and similar measures, are not successful in achieving management objectives for the 28 stock or population; 29 (2) "traditional means of access" means those types of transportation 30 on, to, or in the state land, water, or land and water for which a popular pattern of use 31 has developed; in this paragraph, "types of transportation" includes flying, fixed-wing
01 aircraft, boating, using snow vehicles, operation of all-terrain vehicles, horseback 02 riding, mushing, skiing, snowshoeing, and walking. 03 * Sec. 3. Section 1 of this Act is retroactive to January 1, 1998. 04 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).