CSSB 90(RES): "An Act providing that the state has exclusive jurisdiction to manage fish and game; relating to federal authority 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."
00CS FOR SENATE BILL NO. 90(RES) 01 "An Act providing that the state has exclusive jurisdiction to manage fish and 02 game; relating to federal authority over management of fish and game; and 03 providing that a state agency or employee may not engage in law enforcement 04 activities to enforce a federal law that preempts or supersedes state management 05 of fish and game." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 16.05 is amended by adding a new section to read: 08 Sec. 16.05.005. State management of fish and game. (a) Fish and game 09 resources within the boundaries of the state are subject to the exclusive management 10 jurisdiction of the state as exercised through the Department of Fish and Game, the 11 Board of Fisheries, and the Board of Game under the laws of the state. 12 (b) Except as expressly provided under state law, a person, group, business 13 entity, government agency, or municipality may not exercise authority over the 14 management of fish or game in the state.
01 (c) If the federal government is found by a court of competent jurisdiction to 02 have authority to manage a species of fish or game within the boundaries of the state, 03 the state, as the sole legal entity under state law that is authorized to exercise 04 jurisdiction over fish and game management, is the only legal entity 05 (1) to which the federal government may transfer, delegate, surrender, 06 or abandon federal authority over management of fish or game within the boundaries 07 of the state; and 08 (2) with which the federal government may contract to administer 09 federal authority over management of fish or game within the boundaries of the state. 10 (d) Notwithstanding any other provision of law, a state agency or employee 11 may not engage in police activities or other law enforcement activities to enforce a 12 federal law that preempts or supersedes state management of fish and game. This 13 subsection does not apply to 14 (1) assistance provided to a federal law enforcement officer by the 15 Department of Public Safety that is necessary in the unforeseen absence of available 16 assistance from a federal source to avert a present and substantial risk of physical harm 17 to a person; 18 (2) enforcement of 16 U.S.C. 703 - 712 (Migratory Bird Treaty Act); 19 16 U.S.C. 773 - 773k (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h 20 (Marine Mammal Protection Act); 16 U.S.C. 1531 - 1544 (Endangered Species Act); 21 16 U.S.C. 1801 - 1883 (Magnuson-Stevens Fishery Conservation and Management 22 Act); 16 U.S.C. 3631 - 3644 (Pacific Salmon Treaty Act of 1985); or a regulation 23 adopted under these statutes.