CSSB 64(FIN): "An Act relating to the Shuyak Island State Park."
00CS FOR SENATE BILL NO. 64(FIN) 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 AS 41.21.172 is repealed and reenacted to read: 03 Sec. 41.21.172.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(b) is amended to read: 28 (b) The Department of Fish and Game is responsible for the management of 29 fish and game resources in the Shuyak Island State Park, consistent with the sustained 30 yield principle and the purposes and provisions of this chapter. The Board of 31 Fisheries, the Board of Game, and the commissioner of fish and game are responsible
01 for adopting regulations governing uses of fish and game in accordance with AS 16. 02 The fish and game habitat and breeding areas shall be managed to ensure that the fish 03 and game resources of the park continue on a sustained yield basis. In managing the 04 fish and game resources of the Shuyak Island State Park and adopting regulations 05 governing uses of the fish and game, the Board of Fisheries, the Board of Game, 06 or the commissioner of fish and game may not permanently close any fishing, 07 hunting, or trapping within the park unless the closure is implemented because 08 of a biological emergency. A closure implemented because of a biological 09 emergency (1) may continue in effect only as long as the biological emergency 10 continues to exist, and (2) must be reevaluated on a regular basis, not less than 11 annually, to justify that the closure continues to be necessary. 12 * Sec. 5. AS 41.21.174(g) is amended to read: 13 (g) Nothing in AS 41.21.170 - 41.21.178 prohibits the Department of Fish 14 and Game from engaging in [STREAM] rehabilitation, enhancement, and development 15 of fish and game habitat under AS 16.05 [AS 16.05.092] on land and water within 16 the Shuyak Island State Park. 17 * Sec. 6. AS 41.21.176 is amended to read: 18 Sec. 41.21.176. Incompatible uses. (a) Except as provided in this section, 19 the [THE] commissioner may designate by regulation incompatible uses within the 20 land and water of the Shuyak Island State Park [PARK UPLANDS AND 21 FRESHWATER BODIES]. 22 (b) Possession and use [USE] of a weapon in the Shuyak Island State Park 23 shall be allowed at all times and use of the weapon may be restricted only under 24 extraordinary circumstances and only in such areas where public safety is 25 threatened [EXCEPT IN UNIQUE AREAS THAT MAY BE CLOSED FOR 26 PURPOSES OF PUBLIC SAFETY BY REGULATION BY THE COMMISSIONER]. 27 (c) The [THE REGULATIONS GOVERNING PUBLIC USE OF THE 28 SHUYAK ISLAND STATE PARK SHALL PROVIDE AMPLE ACCESS FOR 29 LEGAL SPORT AND SUBSISTENCE HUNTING AND FISHING, TRAPPING, AND 30 RECREATIONAL USES. EXCEPT TO PROTECT PUBLIC SAFETY THE] 31 commissioner may not restrict lawful [THE EXERCISE OF] sport, [OR] subsistence,
01 or commercial fishing, sport or subsistence [OR] hunting, or trapping permitted 02 under law or under a regulation of the Board of Fisheries or the Board of Game within 03 the Shuyak Island State Park. 04 * Sec. 7. AS 41.21.176 is amended by adding new subsections to read: 05 (d) The commissioner shall allow traditional access to 06 (1) Shuyak Island State Park for recreational purposes and for lawful 07 sport, subsistence, and commercial fishing, sport and subsistence hunting, and trapping; 08 (2) private land within the park. 09 (e) If the commissioner determines that a use is incompatible with one or more 10 other uses in a portion of the Shuyak Island State Park, the commissioner shall state 11 (1) each determination of incompatibility; 12 (2) the specific area where the incompatibility is determined to exist; 13 (3) the time within which the incompatibility is determined to exist; and 14 (4) the reasons for each determination of incompatibility. 15 * Sec. 8. AS 41.21.178 is amended to read: 16 Sec. 41.21.178. Additions to park. Land and water outside of the 17 boundaries established in AS 41.21.172 may be added to the Shuyak Island State 18 Park only by an act of the legislature. The commissioner may not acquire land and 19 water within the boundaries of the Shuyak Island State Park by eminent domain.