3d SSHB 178: "An Act relating to the powers and duties of the commissioner of fish and game, the Department of Fish and Game, and the Board of Game, to taking and use of certain game animals, and to consideration of the budget of the Department of Fish and Game by the legislature; and providing for an effective date."
00 3d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 178 01 "An Act relating to the powers and duties of the commissioner of fish and game, the 02 Department of Fish and Game, and the Board of Game, to taking and use of certain 03 game animals, and to consideration of the budget of the Department of Fish and Game 04 by the legislature; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05.020 is amended to read: 07 Sec. 16.05.020. Functions of commissioner. The commissioner shall 08 (1) supervise and control the department, and may appoint and employ 09 division heads [, ENFORCEMENT AGENTS,] and the technical, clerical, and other 10 assistants necessary for the general administration of the department; 11 (2) manage, protect, maintain, improve, and extend the fish, game, and 12 aquatic plant resources of the state 13 (A) in the interest of the economy and general well-being of the 14 state; and
01 (B) to achieve an abundance of fish and wildlife resources 02 sufficient to provide the maximum sustained yield of those resources; 03 (3) have necessary power to accomplish the foregoing including, but 04 not limited to, the power to delegate authority to subordinate officers and employees 05 of the department. 06 * Sec. 2. AS 16.05.050(a) is amended to read: 07 (a) The commissioner has, but not by way of limitation, the following powers 08 and duties: 09 (1) to cooperate with and assist the Board of Fisheries, the Board of 10 Game, and the advisory committees established under AS 16.05.260 in allocating 11 the fish, game, and aquatic plant resources of the state to achieve abundance for 12 maximum sustained yield of those resources [UNITED STATES FISH AND 13 WILDLIFE SERVICE IN THE ENFORCEMENT OF FEDERAL LAWS AND 14 REGULATIONS PERTAINING TO FISH AND GAME]; 15 (2) through the appropriate state agency and under the provisions of 16 AS 36.30 (State Procurement Code), to acquire by gift, purchase, or lease, or other 17 lawful means, land, buildings, water, rights-of-way, or other necessary or proper real 18 or personal property when the acquisition is in the interest of furthering an objective or 19 purpose of the department and the state; 20 (3) under the provisions of AS 36.30, to design and construct 21 hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish 22 and game resources of the state; 23 (4) to accept money from any person under conditions requiring the 24 use of the money for specific purposes in the furtherance of the protection, 25 rehabilitation, propagation, preservation, or investigation of the fish and game 26 resources of the state or in settlement of claims for damages to fish or game resources; 27 (5) to collect, classify, and disseminate statistics, data and information 28 that, in the commissioner's discretion, will tend to promote the purposes of this title 29 except AS 16.51 and AS 16.52; 30 (6) to take, capture, propagate, transport, buy, sell, or exchange fish, 31 [OR] game, or eggs, or to authorize a person as agent of the commissioner to take,
01 capture, propagate, transport, buy, sell, or exchange fish, game, or eggs, for 02 propagating, scientific, public safety, or stocking purposes; 03 (7) under the provisions of AS 36.30, to provide public facilities where 04 necessary or proper to facilitate the taking of fish or game[, AND TO ENTER INTO 05 COOPERATIVE AGREEMENTS WITH ANY PERSON TO EFFECT THEM]; 06 (8) to exercise administrative, budgeting, and fiscal powers; 07 (9) to assign the highest priority to the allocation of the fiscal, 08 personnel, and other resources of the division of game for implementation of the 09 plans, programs, and regulations adopted by the Board of Game under 10 AS 16.05.255(e) - (g) in a timely and effective manner; 11 (10) under the provisions of AS 36.30, to construct, operate, supervise, 12 and maintain vessels used by the department; 13 (11) [(10)] to authorize the holder of an interim-use permit under 14 AS 16.43 to engage on an experimental basis in commercial taking of a fishery 15 resource with vessel, gear, and techniques not presently qualifying for licensing under 16 this chapter in conformity with standards established by the Alaska Commercial 17 Fisheries Entry Commission; 18 (12) [(11)] not later than January 31 of each year, to provide to the 19 commissioner of revenue the names of those fish and shellfish species that the 20 commissioner of fish and game designates as developing commercial fish species for 21 that calendar year; a fish or shellfish species is a developing commercial fish species 22 if, within a specified geographical region, 23 (A) the optimum yield from the harvest of the species has not 24 been reached; 25 (B) a substantial portion of the allowable harvest of the species 26 has been allocated to fishing vessels of a foreign nation; or 27 (C) a commercial harvest of the fish species has recently 28 developed; 29 (13) [(12)] to initiate or conduct research necessary or advisable to 30 carry out the purposes of this title except AS 16.51 and AS 16.52; 31 (14) [(13)] to enter into cooperative arrangements [AGREEMENTS]
01 with [AGENCIES OF THE FEDERAL GOVERNMENT, EDUCATIONAL 02 INSTITUTIONS, OR OTHER] agencies or organizations, when in the best public 03 interest, to carry out the purposes of this title except AS 16.51 and AS 16.52; 04 (15) [(14)] to implement an on-board observer program authorized by 05 the Board of Fisheries under AS 16.05.251(a)(13); implementation 06 (A) must be as unintrusive to vessel operations as practicable; 07 and 08 (B) must make scheduling and scope of observers' activities as 09 predictable as practicable; 10 (16) [(15)] to sell fish caught during commercial fisheries test fishing 11 operations; 12 (17) [(16)] to establish and charge fees equal to the cost of services 13 provided by the department, including provision of public shooting ranges, broodstock 14 and eggs for private nonprofit hatcheries, department publications, and other direct 15 services, and reasonable fees for the use of state facilities managed by the department; 16 fees established under this paragraph for tours of hatchery facilities, commercial use of 17 sport fishing access sites, and for operation of state hatchery facilities by private 18 aquaculture associations are not subject to the cost limit under AS 37.10.050(a); 19 (18) [(17)] to permit and regulate aquatic farming in the state in a 20 manner that ensures the protection of the state's fish and game resources and improves 21 the economy, health, and well-being of the citizens of the state; 22 (19) [(18)] .to operate state housing and facilities for employees, 23 contractors, and others in support of the department's responsibilities and to charge 24 rent that is consistent with applicable collective bargaining agreements, or, if a [NO] 25 collective bargaining agreement is not applicable, competitive with market conditions; 26 rent received from tenants shall be deposited in the general fund; 27 (20) [(19)] to petition the Alaska Commercial Fisheries Entry 28 Commission, unless the Board of Fisheries disapproves the petition under 29 AS 16.05.251(g), to establish a moratorium on new entrants into commercial fisheries 30 (A) that have experienced recent increases in fishing effort that 31 are beyond a low, sporadic level of effort;
01 (B) that have achieved a level of harvest that may be 02 approaching or exceeding the maximum sustainable level for the fishery; and 03 (C) for which there is insufficient biological and resource 04 management information necessary to promote the conservation and sustained 05 yield management of the fishery. 06 * Sec. 3. AS 16.05.080 is amended by adding new subsections to read: 07 (b) Before entering into a cooperative arrangement with any entity for the 08 management of fish or game resources in the state, the department shall provide the 09 public with notice of the proposed arrangement and a reasonable opportunity to 10 comment on the arrangement. The department shall provide a copy of the proposed 11 arrangement to the presiding officers of each house of the legislature. 12 (c) The department shall include a clearly defined description of its 13 administrative expenses for the fiscal year in the information compiled and submitted 14 under AS 37.07.050(a)(1) - (12). 15 * Sec. 4. AS 16.05.130(d) is amended to read: 16 (d) Revenue from the sale of general hunting, trapping, and fishing licenses, 17 [AND] tags, and permits and from application fees for tags and permits together 18 with the federal matching funds from Pittman - Robertson, Dingell - Johnson/Wallop - 19 Breaux programs shall be allocated by the department to programs that [INTENDED 20 TO] directly benefit license purchasers of general hunting, trapping, and fishing 21 licenses. The department shall prepare an annual report by project of expenditures 22 from the fish and game fund that describes the anticipated results and benefits of 23 each project in regard to fish stock and game population abundance goals and 24 harvest goals set by the department and the boards and notify the legislature that 25 the report is available. 26 * Sec. 5. AS 16.05.255(a) is amended to read: 27 (a) The Board of Game, as it considers necessary to allocate, protect, 28 maintain, improve, and extend the game resources of the state to achieve 29 abundance for maximum sustained yield of game and for other purposes, may 30 adopt regulations [IT CONSIDERS ADVISABLE] in accordance with AS 44.62 31 (Administrative Procedure Act) for
01 (1) setting apart game reserve areas, refuges, and sanctuaries in the 02 water or on the land of the state over which it has jurisdiction, subject to the approval 03 of the legislature; 04 (2) establishing open and closed seasons and areas for the taking of 05 game; 06 (3) establishing the means and methods employed in the pursuit, 07 capture, taking, and transport of game, including regulations, consistent with resource 08 conservation and development goals, establishing means and methods that may be 09 employed by persons with physical disabilities; 10 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 11 limitations on the taking of game; 12 (5) classifying game as game birds, song birds, big game animals, fur 13 bearing animals, predators, or other categories; 14 (6) methods, means, and harvest levels necessary to control predation 15 and competition among game in the state; 16 (7) watershed and habitat improvement, and management, 17 conservation, protection, use, disposal, propagation, and stocking of game; 18 (8) prohibiting the live capture, possession, transport, or release of 19 native or exotic game or their eggs; 20 (9) establishing the times and dates during which the issuance of game 21 licenses, permits, and registrations and the transfer of permits and registrations 22 between registration areas and game management units or subunits is allowed; 23 (10) regulating [SPORT] hunting [AND SUBSISTENCE HUNTING 24 AS NEEDED FOR THE CONSERVATION, DEVELOPMENT, AND 25 UTILIZATION OF GAME]; 26 (11) taking game to ensure public safety. 27 * Sec. 6. AS 16.05.255(e) is amended to read: 28 (e) The Board of Game shall adopt regulations to provide for intensive 29 management programs to restore the abundance or productivity of identified big game 30 prey populations as necessary to achieve human consumptive use goals of the board in 31 an area where the board has limited the harvest of the population, with the
01 exception of musk ox populations, to persons who receive a drawing permit and 02 has determined that 03 (1) consumptive use of the big game prey population is a preferred use; 04 (2) depletion of the big game prey population or reduction of the 05 productivity of the big game prey population has occurred and may result in a 06 significant reduction in the allowable human harvest of the population; and 07 (3) enhancement of abundance or productivity of the big game prey 08 population is feasibly achievable utilizing recognized and prudent active management 09 techniques. 10 * Sec. 7. AS 16.05.255(f) is amended to read: 11 (f) The Board of Game may not significantly reduce the taking of an identified 12 big game prey population by adopting regulations relating to restrictions on harvest or 13 access to the population, or to management of the population by customary 14 adjustments in seasons, bag limits, open and closed areas, methods and means, or by 15 other customary means authorized under (a) of this section, unless the board has 16 adopted regulations [, OR HAS SCHEDULED FOR ADOPTION AT THE NEXT 17 REGULARLY SCHEDULED MEETING OF THE BOARD REGULATIONS,] that 18 provide for intensive management to increase the take of the population for human 19 harvest consistent with (e) of this section. This subsection does not apply if the board 20 (1) determines that intensive management would be 21 (A) ineffective, based on scientific information; 22 (B) inappropriate due to land ownership patterns; or 23 (C) against the best interest of subsistence uses; or 24 (2) declares that a biological emergency exists and takes immediate 25 action to protect or maintain the big game prey population in conjunction with the 26 scheduling for adoption of those regulations that are necessary to implement (e) of this 27 section. 28 * Sec. 8. AS 16.05.255(g) is amended to read: 29 (g) The Board of Game shall establish population goals based on estimated 30 historic high population levels consistent with the estimated maximum carrying 31 capacity of the habitat for the population, high [AND] harvest goals to provide for
01 high levels of human harvest, and regulations, including seasons and methods and 02 means for intensive management of identified big game prey populations to achieve a 03 high level of human harvest. The board shall annually review the effectiveness of 04 intensive management programs established under (e) of this section to 05 determine whether planned progress toward established goals has been achieved. 06 The board shall adjust the intensive management programs as necessary to 07 achieve interim management goals. 08 * Sec. 9. AS 16.05.255(j)(2) is amended to read: 09 (2) "high level of human harvest" means the harvest of at least 15 10 percent but not more than 33 percent [ALLOCATION OF A SUFFICIENT 11 PORTION] of the harvestable surplus of an identified big [A] game prey population 12 [TO ACHIEVE A HIGH PROBABILITY OF SUCCESS FOR HUMAN HARVEST 13 OF THE GAME POPULATION BASED ON BIOLOGICAL CAPABILITIES OF 14 THE POPULATION AND CONSIDERING HUNTER DEMAND]; 15 * Sec. 10. AS 16.05.940 is amended by adding a new paragraph to read: 16 (37) "maximum sustained yield" means the highest number of a 17 population that can be removed for human use without reducing the ability of the 18 population to replenish its numbers. 19 * Sec. 11. AS 16.30 is amended by adding a new section to read: 20 Article 2. Nuisance and Other Game. 21 Sec. 16.30.050. Taking and use of certain game animals. The 22 commissioner of fish and game or the commissioner of public safety or a 23 representative of either commissioner may 24 (1) take or may authorize another person to take a game animal if the 25 animal poses a danger or a nuisance to a person, property, or the public and the taking 26 of the animal is consistent with sound game management principles; or 27 (2) authorize a person to use a game animal that is accidentally killed. 28 * Sec. 12. AS 16.43.210(c) is amended to read: 29 (c) To the extent that the commissioner of fish and game authorizes it under 30 AS 16.05.050(a)(11) [AS 16.05.050(a)(10)], the commission may grant an interim-use 31 permit to a person to engage in the commercial taking from a fishery on an
01 experimental basis. 02 * Sec. 13. AS 37.05.146(b)(4)(U) is amended to read: 03 (U) commercial fisheries test fishing operations 04 (AS 16.05.050(a)(16)) [(AS 16.05.050(a)(15))]; 05 * Sec. 14. AS 43.75.290(3) is amended to read: 06 (3) "developing commercial fish species" means those species of fish 07 and shellfish annually designated by the commissioner of fish and game under 08 AS 16.05.050(a)(12) [AS 16.05.050(a)(11)]; 09 * Sec. 15. AS 44.39 is amended by adding a new section to read: 10 Sec. 44.39.060. Budget. In reviewing the proposed annual operating budget 11 of the department and in making appropriations for the operations of the department, 12 the legislature shall consider increases and decreases in the resource abundance and 13 the human harvest of the fish and game resources of the state. 14 * Sec. 16. This Act takes effect July 1, 2002.