txt

SB 90: "An Act providing that the state has exclusive jurisdiction to manage fish and game; providing that the state is the only entity to which the federal government may delegate jurisdiction over management of fish and game; and providing that a state agency or employee may not engage in law enforcement activities to enforce a federal law that preempts or supersedes state management of fish and game."

00SENATE BILL NO. 90 01 "An Act providing that the state has exclusive jurisdiction to manage fish and 02 game; providing that the state is the only entity to which the federal government 03 may delegate jurisdiction over management of fish and game; and providing that 04 a state agency or employee may not engage in law enforcement activities to 05 enforce a federal law that preempts or supersedes state management of fish and 06 game." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 16.05 is amended by adding a new section to read: 09  Sec. 16.05.005. State management of fish and game. (a) Fish and game 10 resources within the boundaries of the state are subject to the exclusive management 11 jurisdiction of the state as exercised through the Department of Fish and Game, the 12 Board of Fisheries, and the Board of Game under the laws of the state. 13  (b) Except as expressly provided under state law, a person, group, business 14 entity, government agency, or municipality may not exercise authority over the

01 management of fish or game in the state. 02  (c) If the federal government is found by a court of competent jurisdiction to 03 have authority to manage a species of fish or game within the boundaries of the state, 04 the state, as the sole legal entity under state law that is authorized to exercise 05 jurisdiction over fish and game management, is the only legal entity to which the 06 federal government may transfer, delegate, surrender, abandon, or administer federal 07 authority over management of fish or game within the boundaries of the state. 08  (d) Notwithstanding any other provision of law, a state agency or employee 09 may not engage in police activities or other law enforcement activities to enforce a 10 federal law that preempts or supersedes state management of fish and game.