CSHB 349(RES): "An Act relating to the Board of Game, means of access for hunting, trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety education and wildlife conservation education programs; relating to the purposes of game refuges, fish and game critical habitat areas, and public use areas."
00CS FOR HOUSE BILL NO. 349(RES) 01 "An Act relating to the Board of Game, means of access for hunting, trapping, 02 and fishing, the definition of 'means' and 'methods,' and hunting safety education 03 and wildlife conservation education programs; relating to the purposes of game 04 refuges, fish and game critical habitat areas, and public use areas." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05.221(b) is amended to read: 07 (b) For purposes of the conservation , [AND] development , and enhancement 08 of the game resources of the state, there is created a Board of Game composed of 09 seven members appointed by the governor, subject to confirmation by a majority of 10 the members of the legislature in joint session. The governor shall appoint each 11 member on the basis of interest in public affairs, good judgment, knowledge, and 12 ability in the field of action of the board, and with a view to providing diversity of 13 interest and points of view in the membership. The appointed members shall be 14 residents of the state and shall be appointed without regard to political affiliation or
01 geographical location of residence. The commissioner is not a member of the Board 02 of Game, but shall be ex officio secretary. 03 * Sec. 2. AS 16.05.255(a) is amended to read: 04 (a) The Board of Game may adopt regulations it considers advisable in 05 accordance with AS 44.62 (Administrative Procedure Act) for 06 (1) setting apart game reserve areas, refuges, and sanctuaries in the 07 water or on the land of the state over which it has jurisdiction, subject to the approval 08 of the legislature; 09 (2) establishing open and closed seasons and areas for the taking of 10 game; 11 (3) establishing the means and methods employed in the pursuit, 12 capture, taking, and transport of game, including regulations, consistent with resource 13 conservation , [AND] development , and enhancement goals, establishing means and 14 methods that may be employed by persons with physical disabilities; 15 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 16 limitations on the taking of game; 17 (5) classifying game as game birds, song birds, big game animals, fur 18 bearing animals, predators, or other categories; 19 (6) methods, means, and harvest levels necessary to control predation 20 and competition among game in the state; 21 (7) watershed and habitat improvement, and management, conservation, 22 protection, use, disposal, propagation, and stocking of game; 23 (8) prohibiting the live capture, possession, transport, or release of 24 native or exotic game or their eggs; 25 (9) establishing the times and dates during which the issuance of game 26 licenses, permits, and registrations and the transfer of permits and registrations between 27 registration areas and game management units or subunits are [IS] allowed; 28 (10) regulating sport hunting and subsistence hunting as needed for the 29 conservation, development, enhancement, and utilization of game; 30 (11) taking game to ensure public safety. 31 * Sec. 3. AS 16.05 is amended by adding a new section to article 6 to read:
01 Sec. 16.05.911. Regulation of the means of access for hunting, trapping, 02 and fishing. Notwithstanding other provisions of law, traditional means of access for 03 purposes of hunting, trapping, or noncommercial fishing may not be restricted except 04 as 05 (1) specifically authorized by act of the legislature; 06 (2) specifically authorized by a regulation adopted by the Board of 07 Fisheries or the Board of Game, provided that a local fish and game advisory 08 committee with jurisdiction over the area where the regulation would apply has not 09 objected in writing to the adoption of the regulation; 10 (3) necessary to maintain sustained yield management of a fish stock 11 or game population or to protect or enhance habitat that is essential to the maintenance 12 of sustained yield management of a fish stock or game population; 13 (4) necessary to achieve the statutory purpose of an area established by 14 law to protect a fish stock or game population or the habitat of a fish stock or game 15 population, such as a refuge, sanctuary, range, or critical habitat area; 16 (5) necessary to achieve temporary protection for a fish stock or game 17 population or the habitat of a fish stock or game population for a period of less than 18 one year in a specifically identified area; or 19 (6) provided by a law or by a regulation adopted by the Board of 20 Fisheries or the Board of Game that is applicable to a refuge, sanctuary, range, critical 21 habitat area, controlled-use area, or conservation area and that is in effect on the 22 effective date of this section. 23 * Sec. 4. AS 16.05.940 is amended by adding a new paragraph to read: 24 (37) "means," "means and methods," and "methods" mean the tools, 25 implements, devices, or vehicles employed to take fish or game, unless the context 26 otherwise requires. 27 * Sec. 5. AS 16.20.020 is repealed and reenacted to read: 28 Sec. 16.20.020. Purposes. The purposes of AS 16.20.010 - 16.20.080 are to 29 (1) protect, enhance, and preserve fish and game habitat and the fish 30 and game that use the habitat; 31 (2) protect, enhance, and preserve traditional public uses of fish and
01 game, including fishing, hunting, trapping, viewing, and photography; 02 (3) perpetuate and enhance general public recreation in a quality 03 environment; 04 (4) provide for additional public uses of the refuges that are consistent 05 with this section. 06 * Sec. 6. AS 16.20.500 is amended to read: 07 Sec. 16.20.500. Purpose. The purpose of AS 16.20.500 - 16.20.690 is to 08 protect and preserve habitat areas especially crucial to the perpetuation of fish and 09 wildlife and traditional uses of fish and wildlife [,] and to restrict all other uses not 10 compatible with that primary purpose. 11 * Sec. 7. AS 16.55.010 is amended to read: 12 Sec. 16.55.010. Duties of department. The Department of Fish and Game 13 shall 14 (1) assist in developing and coordinating activities involving private 15 organizations relating to shooting and firearms; 16 (2) develop [A] hunting safety education and wildlife conservation 17 education programs and cooperate with private nonprofit organizations 18 established for the primary purpose of preserving hunting, fishing, and trapping 19 to expand these education programs [PROGRAM] for the people of the state; 20 (3) establish a program to assist in the planning, construction , and 21 operation of public shooting ranges. 22 * Sec. 8. AS 16.55.020 is amended to read: 23 Sec. 16.55.020. Powers of department. In the discharge of its duties under 24 AS 16.55.010, the Department of Fish and Game may 25 (1) provide, through a departmental coordinator, technical assistance to 26 municipalities, communities, and organizations; 27 (2) make grants to municipalities and organizations as provided in 28 AS 16.55.030 to 29 (A) [TO] develop and operate public shooting ranges and 30 facilities; [AND] 31 (B) [TO] operate programs involving education and training in
01 the safe use of firearms ; and 02 (C) assist private nonprofit organizations established for the 03 primary purpose of preserving hunting, fishing, and trapping in providing 04 hunting safety education and wildlife conservation education programs . 05 * Sec. 9. AS 16.55.030 is amended to read: 06 Sec. 16.55.030. Grants. Subject to legislative appropriation for the purpose, 07 the Department of Fish and Game may make grants to municipalities and private 08 nonprofit organizations established for the primary purpose of preserving hunting, 09 fishing, and trapping to provide hunting safety education and wildlife 10 conservation education in accordance with AS 16.55.020(2). The department may 11 impose reasonable restrictions on the use of funds granted under this section. 12 * Sec. 10. AS 41.23.010 is amended to read: 13 Sec. 41.23.010. Purpose of AS 41.23.010 - 41.23.040. The purpose of 14 AS 41.23.010 - 41.23.040 is to establish the area described in AS 41.23.040 as the 15 Nelchina Public Use Area. The Nelchina Public Use Area is established to 16 (1) protect , develop, and preserve [MAINTAIN] fish and wildlife 17 habitat and the fish and wildlife that use the habitat [, PARTICULARLY 18 CARIBOU CALVING AREAS, TRUMPETER SWAN NESTING AREAS, AND 19 OTHER IMPORTANT HABITATS FOR MOOSE, DALL SHEEP, AND BROWN 20 BEAR SO THAT TRADITIONAL PUBLIC USES OF FISH AND WILDLIFE 21 POPULATIONS MAY CONTINUE]; 22 (2) protect, [PERPETUATE AND] enhance , and preserve traditional 23 public uses of fish and wildlife, [PUBLIC ENJOYMENT OF FISH AND WILDLIFE 24 AND THEIR HABITAT] including fishing, hunting, trapping, viewing, and 25 photography; 26 (3) perpetuate and enhance general public recreation in a quality 27 environment; 28 (4) [PERPETUATE AND ENHANCE ADDITIONAL PUBLIC USES 29 DESCRIBED IN THE SUSITNA AREA PLAN; 30 (5)] allow additional public uses of the area that are [IN A MANNER] 31 compatible with the purposes specified in [(1) - (4) OF] this section.
01 * Sec. 11. AS 41.23.020(c) is amended to read: 02 (c) The Nelchina Public Use Area shall be open to mineral entry under 03 AS 38.05.185 - 38.05.275, and the commissioner may adopt regulations to achieve the 04 purposes specified in AS 41.23.010. Each valid existing right or permit shall remain 05 valid and continue in full force and effect according to its terms. Exploration, 06 development, and extraction of subsurface resources shall be allowed in a manner that 07 is compatible with the purposes specified in AS 41.23.010(1) - (3) [AS 41.23.010(1) - 08 (4)]. 09 * Sec. 12. AS 41.23.030(d) is amended to read: 10 (d) The commissioner shall allow traditional access to the Nelchina Public Use 11 Area by motorized or nonmotorized means of transportation to private land, interests 12 in private land, and for lawful sport and subsistence hunting, fishing, trapping, and 13 recreational purposes in a manner that is compatible with the purposes specified in 14 AS 41.23.010(1) - (3) [AS 41.23.010(1) - (4)]. 15 * Sec. 13. AS 41.23.050 is amended to read: 16 Sec. 41.23.050. Purpose of AS 41.23.050 - 41.23.080. The purpose of 17 AS 41.23.050 - 41.23.080 is to establish the area described in AS 41.23.080 as the 18 Ernie Haugen Public Use Area. The Ernie Haugen Public Use Area is established to 19 (1) protect , develop, and preserve [AND MAINTAIN] fish and 20 wildlife habitat and the fish and wildlife that use the habitat [SO THAT 21 TRADITIONAL PUBLIC USES MAY CONTINUE]; 22 (2) protect, [PERPETUATE AND] enhance , and preserve traditional 23 public uses of fish and wildlife, including [PUBLIC ENJOYMENT] of fishing, 24 hunting, trapping, viewing, and photography; 25 (3) perpetuate and enhance general public recreation in a quality 26 environment; and 27 (4) allow additional public uses of the area that are [, INCLUDING 28 PERSONAL USE WOOD CUTTING, WHEN DETERMINED] compatible with the 29 purposes specified in [(1) - (3) OF] this section. 30 * Sec. 14. AS 41.23.100(b) is repealed and reenacted to read: 31 (b) The Hatcher Pass Public Use Area is established to
01 (1) protect and preserve fish and wildlife habitat and the fish and 02 wildlife that use the habitat; 03 (2) protect, develop, and preserve traditional public uses of fish and 04 wildlife, including fishing, hunting, trapping, viewing, and photography; 05 (3) perpetuate and enhance general public recreation in a quality 06 environment; and 07 (4) allow additional public uses of the area that are compatible with the 08 purposes specified in this subsection. 09 * Sec. 15. AS 41.23.140 is repealed and reenacted to read: 10 Sec. 41.23.140. Purpose of AS 41.23.140 - 41.23.170. The purpose of 11 AS 41.23.140 - 41.23.170 is to establish the area described in AS 41.23.170 as the 12 Goldstream Public Use Area. The Goldstream Public Use Area is established to 13 (1) protect, develop, and preserve fish and wildlife habitat and the fish 14 and wildlife that use the habitat; 15 (2) protect, enhance, and preserve traditional public uses of fish and 16 wildlife, including fishing, hunting, trapping, viewing, and photography; 17 (3) perpetuate and enhance general public recreation in a quality 18 environment; and 19 (4) allow additional public uses of the area that are compatible with the 20 purposes specified in this section. 21 * Sec. 16. AS 41.23.150(c) is amended to read: 22 (c) Consistent with the purposes of AS 41.23.140(1) - (4) [AS 41.23.140(1) - 23 (3)], the commissioner shall allow uses within the Goldstream Public Use Area, 24 including but not limited to horseback riding, hiking, mining, all terrain vehicle 25 driving, bicycling, dog sledding, cross-country skiing, skijoring, snowmachining, 26 camping, and other traditional public uses of fish stocks and wildlife populations such 27 as fishing, hunting, trapping, viewing, and photographing of moose, trumpeter swan 28 and other waterfowl, otter, beaver, mink, muskrat, and fox. 29 * Sec. 17. AS 41.23.150(d) is amended to read: 30 (d) The Goldstream Public Use Area is open to mineral entry under 31 AS 38.05.185 - 38.05.275, and the commissioner may adopt regulations to achieve the
01 purposes specified in AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)]. Each valid 02 existing right or permit remains valid and continues in full force and effect according 03 to its terms. The commissioner shall permit the exploration, development, and 04 extraction of subsurface resources in a manner that is compatible with the purposes 05 specified in AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)]. 06 * Sec. 18. AS 41.23.160(a) is amended to read: 07 (a) Except as provided in this section, the commissioner may prohibit or 08 restrict uses determined to be incompatible with the purposes of the Goldstream Public 09 Use Area under AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)] within the state-owned 10 land and water described in AS 41.23.170. 11 * Sec. 19. AS 41.23.160(d) is amended to read: 12 (d) The commissioner shall allow access to the Goldstream Public Use Area 13 by motorized or nonmotorized means of transportation to private land, interests in 14 private land, and for hunting, fishing, trapping, mining, and recreational purposes in 15 a manner that is compatible with purposes specified in AS 41.23.140(1) - (3) 16 [AS 41.23.140(1) - (2)]. Existing trails remain open to public use.