Enrolled HB 307: Creating the Knik River Public Use Area.
00Enrolled HB 307 01 Creating the Knik River Public Use Area. 02 _______________ 03 * Section 1. AS 41.23 is amended by adding new sections to article 1 to read: 04 Sec. 41.23.180. Purpose of AS 41.23.180 - 41.23.230. The purpose of 05 AS 41.23.180 - 41.23.230 is to establish the area described in AS 41.23.230 as the 06 Knik River Public Use Area. The Knik River Public Use Area is established to 07 (1) perpetuate and enhance 08 (A) general public recreation; 09 (B) public enjoyment of fish and wildlife; 10 (2) protect and maintain migratory waterfowl nesting areas; habitats 11 for moose, Dall sheep, and brown bear; and other fish and wildlife habitat so that 12 traditional public use of fish and wildlife populations may continue; 13 (3) provide an area for the public to enjoy the full spectrum of public 14 uses, including maintenance and enhancement of off-road motorized vehicle and 15 nonmotorized recreational opportunities;
01 (4) allow 02 (A) continued motorized access for miners and owners of 03 private property in the Knik River Public Use Area; and 04 (B) additional public uses of the area determined by the 05 commissioner to be compatible with this section. 06 Sec. 41.23.190. Management. (a) The commissioner is responsible for the 07 management of the land and mineral estate within the Knik River Public Use Area 08 consistent with the purposes of AS 41.23.180. After adequate public hearings, the 09 commissioner may designate incompatible uses and shall adopt and may revise a 10 management plan for the Knik River Public Use Area. The management plan must 11 include provisions for the enforcement of the plan and compliance with the 12 requirements of the plan. 13 (b) The commissioner of fish and game, the Board of Fisheries, and the Board 14 of Game are responsible for the management of fish and game resources and public 15 use of fish and wildlife in the Knik River Public Use Area consistent with the purposes 16 of AS 41.23.180. 17 (c) The Knik River Public Use Area may not be managed as a unit of the state 18 park system. 19 (d) The commissioner shall identify wetland areas within the Knik River 20 Public Use Area and provide for the protection and use of the wetland areas in the 21 management plan. 22 Sec. 41.23.200. Incompatible uses. (a) Except as provided in this section, the 23 commissioner may prohibit or restrict uses determined to be incompatible with the 24 purposes of the Knik River Public Use Area under AS 41.23.180 within the state- 25 owned land and water described in AS 41.23.230. 26 (b) Nothing in AS 41.23.180 - 41.23.230 prohibits the Department of Fish and 27 Game from engaging in rehabilitation, enhancement, and development of fish and 28 wildlife habitat within an area described in AS 41.23.230 that is consistent with the 29 purposes stated in AS 41.23.180. 30 (c) The commissioner may not restrict 31 (1) lawful fishing, hunting, or trapping rights allowed under a
01 regulation of the Board of Fisheries or the Board of Game in the Knik River Public 02 Use Area; or 03 (2) the use of weapons, including firearms, in the Knik River Public 04 Use Area except in locations where the commissioner determines that the use of 05 weapons constitutes a threat to public safety. 06 (d) The commissioner shall 07 (1) allow the Knik River Public Use Area to be used for activities that 08 are compatible with the reasons for establishing the public use area in AS 41.23.180 09 and include all-terrain vehicles, aircraft, watercraft, airboats, snowmobiling, horseback 10 riding, hiking, bicycling, dog sledding, cross-country skiing, skijoring, camping, 11 hunting, fishing, wildlife viewing, photography, and, where permitted, mineral 12 exploration and mining; and 13 (2) recognize the existing off-road motor vehicle trails and the access 14 those trails provide to areas in the Knik River Public Use Area, make accommodations 15 that will provide the shortest possible route to avoid critical habitat, conduct trail 16 rehabilitation in a way that minimizes damage, maintain and enhance off-road motor 17 vehicle options and opportunities in the Knik River Public Use Area, and provide for 18 increased use of the public use area. 19 (e) The commissioner of public safety and the commissioner of fish and game 20 shall have necessary access for fish and game management, research, and enforcement 21 purposes. 22 Sec. 41.23.210. Enforcement authority. (a) In the Knik River Public Use 23 Area described in AS 41.23.230, the following persons are peace officers of the state 24 for the purpose of enforcing the provisions of AS 41.23.180 - 41.23.230 and 25 regulations adopted under AS 41.23.180 - 41.23.230: 26 (1) an employee of the department or other person authorized by the 27 commissioner; 28 (2) a peace officer, as that term is defined in AS 01.10.060. 29 (b) A person designated in (a) of this section may, when enforcing the 30 provisions of AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 - 31 41.23.230,
01 (1) execute a warrant or other process issued by an officer or court of 02 competent jurisdiction; 03 (2) administer or take an oath, affirmation, or affidavit; and 04 (3) arrest a person who violates a provision of AS 41.23.180 - 05 41.23.230 or a regulation adopted under AS 41.23.180 - 41.23.230. 06 Sec. 41.23.220. Penalty. (a) A person who violates a provision of 07 AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 - 41.23.230 is 08 guilty of a violation as defined in AS 11.81.900. 09 (b) The supreme court shall establish by order or rule a schedule of bail 10 amounts for violations under (a) of this section that allow the disposition of a citation 11 without a court appearance. 12 Sec. 41.23.230. Knik River Public Use Area. Subject to valid existing rights, 13 state-owned land and water and the state land and water acquired in the future that lie 14 within the boundaries described in this section are designated as the Knik River Public 15 Use Area, are reserved for all uses compatible with their primary function as public 16 use land, and are assigned to the department for control and management: 17 (1) Township 15 North, Range 4 East, Seward Meridian; 18 (2) Township 15 North, Range 5 East, Seward Meridian; 19 (3) Township 15 North, Range 6 East, Seward Meridian; 20 (4) Township 15 North, Range 7 East, Seward Meridian 21 Section 3: NW1/4NW1/4 22 Section 4: N1/2NE1/4, N1/2NW1/4 23 Section 5: N1/2NE1/4, NW1/4 24 Section 6: SW1/4SE1/4, N1/2SE1/4, SW1/4, N1/2 25 Section 7: SW1/4NW1/4, N1/2NW1/4; 26 (5) Township 16 North, Range 2 East, Seward Meridian 27 Section 1: Portions located below the ordinary high water of 28 Knik River 29 Section 2: Portions located below the ordinary high water of 30 Knik River 31 Section 3: Portions located below the ordinary high water of
01 Knik River; 02 (6) Township 16 North, Range 3 East, Seward Meridian 03 Sections 1 - 3 04 Section 4: Portions located below the ordinary high water of 05 Knik River 06 Section 5: Portions located below the ordinary high water of 07 Knik River 08 Section 6: Portions located below the ordinary high water of 09 Knik River 10 Section 9: Portions located below the ordinary high water of 11 Knik River 12 Section 10: Portions located below the ordinary high water of 13 Knik River 14 Sections 11 - 13 15 Section 14: Portions located below the ordinary high water of 16 Knik River 17 Section 23: Portions located below the ordinary high water of 18 Knik River 19 Section 24: Portions located below the ordinary high water of 20 Knik River; 21 (7) Township 16 North, Range 4 East, Seward Meridian; 22 (8) Township 16 North, Range 5 East, Seward Meridian; 23 (9) Township 16 North, Range 6 East, Seward Meridian; 24 (10) Township 16 North, Range 7 East, Seward Meridian 25 Section 6: NW1/4SE1/4, S1/2SE1/4, W1/2 26 Section 7 27 Sections 17 - 20 28 Section 28: NW1/4SW1/4, S1/2SW1/4 29 Sections 29 - 32 30 Section 33: S1/2NE1/4, SE1/4, W1/2 31 Section 34: SE1/4SW1/4, W1/2SW1/4;
01 (11) Township 17 North, Range 2 East, Seward Meridian 02 Section 36: Portions located below the ordinary high water of 03 Knik River; 04 (12) Township 17 North, Range 3 East, Seward Meridian 05 Sections 1 - 5 06 Sections 9 - 16 07 Section 17: S1/2 08 Sections 20 - 29 09 Section 31: NE1/4NE1/4, S1/2NE1/4, SE1/4, SW1/4 located 10 below the ordinary high water of Knik River 11 Sections 32 - 36; 12 (13) Township 17 North, Range 4 East, Seward Meridian; 13 (14) Township 17 North, Range 5 East, Seward Meridian; 14 (15) Township 17 North, Range 6 East, Seward Meridian; 15 (16) Township 18 North, Range 6 East, Seward Meridian.