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SB 170: "An Act relating to the Department of Fish and Game, the Board of Fisheries, and the Board of Game; relating to the taking of big game and to the disposition of a mount, trophy, or part of a fish or game animal; setting fees for certain trapping licenses and certain hunting licenses, permits, and tags; setting fees for the resident combined hunting, trapping, and sport fishing license and the resident combined hunting and sport fishing license; relating to the resident small game hunting license; setting application fees for certain hunting permits and stamps; establishing a surcharge on hunting, trapping, and sport fishing licenses; relating to certain hunting, trapping, and sport fishing licenses, tags, permits, and stamps; relating to the fish and game fund; relating to violations of fish and game laws; relating to state management of wildlife; relating to endangered fish and wildlife; and providing for an effective date."

00                             SENATE BILL NO. 170                                                                         
01 "An Act relating to the Department of Fish and Game, the Board of Fisheries, and the                                    
02 Board of Game; relating to the taking of big game and to the disposition of a mount,                                    
03 trophy, or part of a fish or game animal; setting fees for certain trapping licenses and                                
04 certain hunting licenses, permits, and tags; setting fees for the resident combined                                     
05 hunting, trapping, and sport fishing license and the resident combined hunting and                                      
06 sport fishing license; relating to the resident small game hunting license; setting                                     
07 application fees for certain hunting permits and stamps; establishing a surcharge on                                    
08 hunting, trapping, and sport fishing licenses; relating to certain hunting, trapping, and                               
09 sport fishing licenses, tags, permits, and stamps; relating to the fish and game fund;                                  
10 relating to violations of fish and game laws; relating to state management of wildlife;                                 
11 relating to endangered fish and wildlife; and providing for an effective date."                                         
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
01    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
02 to read:                                                                                                                
03       LEGISLATIVE INTENT.  It is the intent of the Alaska State Legislature that the                                    
04 additional revenue generated from the hunting and trapping fees established or increased by                             
05 this Act be used to maximize hunting and trapping opportunities throughout the state, with the                          
06 specific purpose of supporting programs designed to increase the harvestable surplus of game                            
07 for human consumptive uses.                                                                                             
08    * Sec. 2.  AS 16.05.020 is amended to read:                                                                        
09            Sec. 16.05.020.  Functions of commissioner.  The commissioner shall                                        
10                 (1)  supervise and control the department, and may appoint and employ                                   
11       division heads, enforcement agents, and the technical, clerical, and other assistants                             
12       necessary for the general administration of the department;                                                       
13                 (2)  manage, protect, maintain, improve, and extend the fish, game,                                 
14       non-game, and aquatic plant resources of the state, for which the Board of Fisheries                      
15       or the Board of Game has either authorized the taking for consumptive uses or                                 
16       adopted regulations regarding the conservation, development, or utilization of                                
17       the resource, in the interest of the economy and general well-being of the state;                             
18                 (3)  have necessary power to accomplish the foregoing including, but                                    
19       not limited to, the power to delegate authority to subordinate officers and employees                             
20       of the department.                                                                                                
21    * Sec. 3.  AS 16.05.050 is amended by adding new subsections to read:                                              
22            (c)  Except as otherwise expressly required by law, the commissioner may                                     
23       exercise the powers conferred on the commissioner under this title to manage, protect,                            
24       maintain, improve, or extend the fish, game, or aquatic plant resources of the state for                          
25       only those species that the Board of Fisheries or the Board of Game has authorized the                            
26       taking for consumptive uses.                                                                                      
27            (d)  The commissioner shall manage non-game in accordance with regulations                                   
28       adopted by the Board of Game.                                                                                     
29            (e)  Except as provided under AS 16.05.092 or AS 16.20 or under regulations                                  
30       adopted by the Board of Fisheries under AS 16.05.251(a) or the Board of Game under                                
31       AS 16.05.255(a) or (e), the commissioner may not manage, improve, or manipulate                                   
01       land or water or otherwise alter, or restrict access to, habitat occupied or used by fish,                        
02       wildlife, or aquatic plant resources of the state.                                                                
03            (f)  Notwithstanding other provisions of law, a plan, strategy, guideline, or                                
04       similar document that establishes a policy for the management of fish or game that is                             
05       prepared by the department shall be submitted to the appropriate board for the board's                            
06       approval before the department implements the policy.                                                             
07            (g)  Notwithstanding AS 37.07.080(e), the commissioner may not transfer                                      
08       more than $5,000 between projects, objects of expenditures, or allocations without the                            
09       approval of the office of management and budget and review by the Legislative                                     
10       Budget and Audit Committee under the procedures set out under AS 37.07.080(h)(1) -                                
11       (3).                                                                                                              
12            (h)  Notwithstanding (g) of this section, the commissioner may not expend                                    
13       funds appropriated from revenue from the sale of hunting, trapping, and sport fishing                             
14       licenses, tags, stamps, and permits or from federal funds received under the Pittman -                            
15       Robertson or Dingell - Johnson/Wallop - Breaux programs for a purpose for which the                               
16       revenue or funds may not be used under AS 16.05.130.                                                              
17    * Sec. 4.  AS 16.05.090(a) is amended to read:                                                                     
18            (a)  The commissioner may [, WITH THE APPROVAL OF THE                                                        
19       GOVERNOR,] establish a departmental division of commercial fisheries, a                                           
20       departmental division of sport fisheries, a departmental division of game, and other                              
21       departmental administrative and organizational units [DIVISIONS] as are                                       
22       approved by the governor under AS 44.17.020 [NECESSARY].                                                      
23    * Sec. 5.  AS 16.05.094 is amended to read:                                                                        
24            Sec. 16.05.094.  Duties of section of subsistence hunting and fishing.  The                                
25       section of subsistence hunting and fishing shall                                                                  
26                 (1)  compile existing data and conduct studies to gather information,                                   
27       including data from subsistence users, on the use of fish and game resources by                               
28       subsistence users and on compliance with state fishing, hunting, and trapping                                 
29       licensing requirements by subsistence users [ALL ASPECTS OF THE ROLE OF                                       
30       SUBSISTENCE HUNTING AND FISHING IN THE LIVES OF THE RESIDENTS                                                     
31       OF THE STATE];                                                                                                    
01                 (2)  quantify the amount, nutritional value, and extent of dependence on                                
02       food acquired through subsistence hunting and fishing;                                                            
03                 (3)  make information gathered available to the public, appropriate                                     
04       agencies, and other organized bodies;                                                                             
05                 (4)  provide information to [ASSIST] the department, the Board of                                   
06       Fisheries, and the Board of Game regarding [IN DETERMINING] what uses of fish                                 
07       and game, as well as [WHICH USERS AND] what methods and means, are allowed                                    
08       for [, SHOULD BE TERMED] subsistence uses [, USERS, AND METHODS;                                              
09                 (5)  EVALUATE THE IMPACT OF STATE AND FEDERAL LAWS                                                      
10       AND REGULATIONS ON SUBSISTENCE HUNTING AND FISHING AND,                                                           
11       WHEN CORRECTIVE ACTION IS INDICATED, MAKE RECOMMENDATIONS                                                         
12       TO THE DEPARTMENT];                                                                                               
13                 (5) [(6)]  make recommendations to the Board of Game and the Board                                  
14       of Fisheries regarding [ADOPTION, AMENDMENT, AND REPEAL OF                                                        
15       REGULATIONS AFFECTING] subsistence hunting and fishing;                                                           
16                 (6)  assist [(7)  PARTICIPATE WITH] other divisions in the                                          
17       preparation of statewide and regional management plans [SO THAT THOSE PLANS                                       
18       RECOGNIZE AND INCORPORATE THE NEEDS OF SUBSISTENCE USERS OF                                                       
19       FISH AND GAME].                                                                                                   
20    * Sec. 6.  AS 16.05.110(a) is amended to read:                                                                     
21            (a)  The fish and game fund shall be made up of the following money and other                                
22       money the legislature appropriates, which shall be deposited and retained in the fund                             
23       until expended in accordance with appropriations made by the legislature:                                     
24                 (1)  money received from the sale of state sport fishing, hunting, and                                  
25       trapping licenses, tags, stamps, and special permits, waterfowl conservation tags                             
26       purchased by hunters, and anadromous salmon tags purchased by fishermen;                                          
27                 (2)  proceeds received from the sale of furs, skins, and specimens taken                                
28       by predator hunters and other employees;                                                                          
29                 (3)  money received in settlement of a claim or loss caused by damage                                   
30       to the fish and wildlife [GAME] resources of the state;                                                       
31                 (4)  money received from federal, state, or other governmental unit, or                                 
01       from a private donor for fish and wildlife [GAME] purposes;                                                   
02                 (5)  interest earned upon money in the fund;                                                            
03                 (6)  money from any other source.                                                                       
04    * Sec. 7.  AS 16.05.110(b) is amended to read:                                                                     
05            (b)  Except for money received as fisheries fines or forfeitures in settlement of                            
06       a claim or loss caused by damage to the fish resources of the state that is appropriated                          
07       to or through the division of commercial fisheries management and development,                                    
08       subject to AS 16.05.130, appropriations of money from the fish and game fund and of                           
09       money received by the state under the federal aid acts described under AS 16.05.140                               
10       shall be made to the division of wildlife conservation or the division of sport fish.  The                        
11       division of wildlife conservation or the division of sport fish may use money                                     
12       appropriated under this subsection to acquire administrative and other services from                              
13       other agencies if the division acquires the services through reimbursable services                                
14       agreements that are approved by the legislature.  The division of wildlife                                    
15       conservation and the division of sport fish shall include as part of their budgets                                
16       prepared under AS 37.07.050                                                                                       
17                 (1)  a listing of the reimbursable services agreements that are to be                                   
18       funded with money appropriated from the fish and game fund or from federal                                    
19       funds received by the state [UNDER THIS SUBSECTION];                                                          
20                 (2)  a description of the services to be provided under those                                           
21       agreements; and                                                                                                   
22                 (3)  a listing of the entities that are parties to those agreements.                                    
23    * Sec. 8.  AS 16.05.120 is amended by adding a new subsection to read:                                             
24            (b)  The additional receipts generated by the license, tag, permit, and stamp                                
25       fees and application fees established or increased by this Act shall be separately                                
26       accounted for by the department.   For any fiscal year in which the ratio of fixed cost                           
27       expenditures of the department exceeds 55 percent of the department's budgeted                                    
28       expenditures for the fiscal year, the department may not expend funds derived from                                
29       the additional receipts generated by the license, tag, permit, and stamp fees and                                 
30       application fees established or increased by this Act until, or unless, the legislature has                       
31       expressly authorized the expenditure of the funds.                                                                
01    * Sec. 9.  AS 16.05.130(a) is amended to read:                                                                     
02            (a)  Except as provided in (c) of this section, money accruing to the state from                             
03       sport fishing, hunting, and trapping licenses, tags, stamps, application fees, or permit                      
04       fees may not be diverted to a purpose other than the protection, propagation,                                     
05       investigation, and restoration of sport fish and game resources and the expenses of                               
06       administering the sport fish and game divisions of the department.  To ensure that                            
07       revenue from the sale of hunting, trapping, and sport fishing licenses, tags,                                 
08       stamps, and permits and that the federal funds received under the Pittman -                                   
09       Robertson and Dingell - Johnson/Wallop - Breaux programs are not diverted to                                  
10       purposes other than those authorized under this section, the budget of the                                    
11       department prepared under AS 37.07.050 must account for funding and                                           
12       expenditures for projects that directly benefit purchasers of hunting, trapping,                              
13       and sport fishing licenses separately from funding and expenditures for projects                              
14       that do not directly benefit purchasers of hunting, trapping, and sport fishing                               
15       licenses.  Revenue deposited into the fish and game fund from the sale of hunting,                            
16       trapping, and sport fishing licenses, tags, stamps, and permits, from application                             
17       fees, and from federal funds received under the Pittman - Robertson and Dingell                               
18       - Johnson/Wallop - Breaux programs and expenditures of the revenue and funds                                  
19       may not be combined or commingled with expenditures of other revenue or                                       
20       funds, or used to provide matching funds, for projects that do not directly benefit                           
21       purchasers of hunting, trapping, and sport fishing licenses.                                                  
22    * Sec. 10.  AS 16.05.130(b) is amended to read:                                                                    
23            (b)  Money accruing to the state from waterfowl conservation tag fees from                                   
24       hunters may not be diverted to a purpose other than (1) the conservation and                                      
25       enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that                            
26       are important for waterfowl and public use of waterfowl in the state; (3) waterfowl                               
27       related projects approved by the commissioner; (4) the administration of the waterfowl                            
28       conservation program; and (5) waterfowl conservation emergencies in the state as                              
29       determined by the commissioner or the Board of Game [GOVERNOR].  The                                          
30       department shall maintain a state waterfowl conservation tag fee account within the                           
31       fish and game fund to permit separate accounting records for the receipt and                                      
01       expenditure of money derived from the sale of waterfowl conservation tags.  The                               
02       department shall prepare a report before April 15 of each even-numbered year for the                              
03       public and the legislature on the use of money derived from waterfowl conservation                                
04       tags and limited edition prints.  The department shall notify the legislature that the                            
05       report is available.                                                                                              
06    * Sec. 11.  AS 16.05.130(d) is amended to read:                                                                    
07            (d)  Revenue from the sale of [GENERAL] hunting, trapping, and sport                                     
08       fishing licenses, [AND] tags, stamps, and permits, and application fees together                          
09       with the federal matching funds from Pittman - Robertson and [,] Dingell -                                    
10       Johnson/Wallop - Breaux programs shall be allocated by the department only to                                 
11       projects that [PROGRAMS INTENDED TO] directly benefit [LICENSE] purchasers                                    
12       of [GENERAL] hunting, trapping, and sport fishing licenses in participating in the                        
13       activities for which the licenses were purchased and may not be used to provide                               
14       matching funds for, or otherwise support, projects that do not directly benefit                               
15       purchasers of hunting, trapping, and sport fishing licenses unless approved by                                
16       the legislature by appropriation. The department shall prepare an annual report by                            
17       project of expenditures from the fish and game fund and notify the legislature that the                           
18       report is available.  The report must contain a separate accounting of the                                    
19       expenditures of all projects funded from the fish and game fund and of all game                               
20       and noncommercial fish projects that do and do not directly benefit purchasers                                
21       of hunting, trapping, and sport fishing licenses.  The report must include an                                 
22       accounting of the costs of each project and a description of the source of funds,                             
23       including federal and other funds, expended for the project.                                                  
24    * Sec. 12.  AS 16.05.130 is amended by adding a new subsection to read:                                            
25            (e)  In this section, "project" means an activity that has a single purpose for                              
26       which the department expends funds or administrative, material, personnel, or other                               
27       department resources.                                                                                             
28    * Sec. 13.  AS 16.05.190 is amended to read:                                                                       
29            Sec. 16.05.190.  Seizure and disposition of equipment.  Guns, traps, nets,                                 
30       fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other                                  
31       paraphernalia used in or in aid of a violation of this chapter or a regulation of the                             
01       department may be seized under a valid search, and all fish and wildlife [GAME], or                           
02       parts of fish and wildlife [GAME], or nests or eggs of birds, taken, transported, or                          
03       possessed contrary to the provisions of this chapter or a regulation of the department                            
04       shall be seized by any peace officer designated in AS 16.05.150.  Upon conviction of                              
05       the offender or upon judgment of the court having jurisdiction that the item was taken,                           
06       transported, or possessed in violation of this chapter or a regulation of the department,                         
07       all fish and wildlife [GAME], or parts of them are forfeited to the state and shall be                        
08       disposed of as directed by the court.  If sold, the proceeds of the sale shall be                                 
09       transmitted to the proper state officer for deposit in the general fund.  Guns, traps,                            
10       nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia                          
11       seized under the provisions of this chapter or a regulation of the department, unless                             
12       forfeited by order of the court, shall be returned, after completion of the case and                              
13       payment of the fine, if any.                                                                                      
14    * Sec. 14.  AS 16.05.195(a) is amended to read:                                                                    
15            (a)  Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds,                        
16       and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54,                       
17       or regulation adopted under this title or AS 08.54, and all fish and wildlife [GAME] or                       
18       parts of fish and wildlife [GAME] or nests or eggs of birds taken, transported, or                            
19       possessed contrary to the provisions of this title or AS 08.54, or regulation adopted                             
20       under this title or AS 08.54, may be forfeited to the state                                                       
21                 (1)  upon conviction of the offender in a criminal proceeding of a                                      
22       violation of this title or AS 08.54 in a court of competent jurisdiction; or                                      
23                 (2)  upon judgment of a court of competent jurisdiction in a proceeding                                 
24       in rem that an item specified above was used in or in aid of a violation of this title or                         
25       AS 08.54 or a regulation adopted under this title or AS 08.54.                                                    
26    * Sec. 15.  AS 16.05.195(c) is amended to read:                                                                    
27            (c)  An action for forfeiture under this section may be joined with an                                       
28       alternative action for damages brought by the state to recover damages for the value of                           
29       fish and wildlife [GAME] or parts of them or nests or eggs of birds taken, transported,                       
30       or possessed contrary to the provisions of this title or a regulation adopted under this                      
31       title [IT].                                                                                                   
01    * Sec. 16.  AS 16.05.221(b) is amended to read:                                                                    
02            (b)  For purposes of the conservation and development of the wildlife [GAME]                             
03       resources of the state, there is created a Board of Game composed of seven members                                
04       appointed by the governor, subject to confirmation by a majority of the members of                                
05       the legislature in joint session.  The governor shall appoint each member on the basis                            
06       of interest in public affairs, good judgment, knowledge, and ability in the field of                              
07       action of the board, and with a view to providing diversity of interest and points of                             
08       view in the membership.  The appointed members shall be residents of the state and                                
09       shall be appointed without regard to political affiliation or geographical location of                            
10       residence. The commissioner is not a member of the Board of Game, but shall be ex                                 
11       officio secretary.                                                                                                
12    * Sec. 17.  AS 16.05.251 is amended by adding new subsections to read:                                           
13            (i)  The Board of Fisheries shall accord a priority to the conservation,                                     
14       development, and utilization of those fish species which the board has authorized to be                           
15       taken for consumptive uses and may determine on an area by area basis the level of                                
16       priority assigned to each species for which consumptive uses are authorized.  The                                 
17       board shall accord a subordinate priority to the conservation, development, and                                   
18       utilization of species for which consumptive uses have not been authorized by the                                 
19       board.  Except for fish species or subspecies determined by the board to be endangered                            
20       under AS 16.20.190, the board may not amend or repeal regulations authorizing the                                 
21       consumptive use of a fish species, including regulations relating to methods, means,                              
22       and seasons of harvest, bag limits, access, and similar matters, based on the level of                            
23       abundance of a population of a finfish, aquatic invertebrate, or amphibian species                                
24       which the board has not authorized to be taken for consumptive uses.                                              
25            (j)  The Board of Fisheries shall adopt by regulation all plans, strategies,                                 
26       guidelines, and similar documents that establish policies for the management of fish in                           
27       the state.  The department shall submit each plan, strategy, guideline, or similar                                
28       document prepared by the department that establishes policies for the management of                               
29       fish for the approval by the board before the policies are implemented by the                                     
30       department.                                                                                                       
31    * Sec. 18.  AS 16.05.255(e) is amended to read:                                                                    
01            (e)  The Board of Game shall adopt regulations to provide for intensive                                      
02       management programs to restore the abundance or productivity of identified big game                               
03       prey populations as necessary to achieve human consumptive use goals of the board in                              
04       an area where the board has determined that                                                                       
05                 [(1)]  consumptive use of the big game prey population is a preferred                                   
06       use and, based on information provided by the department, or another reliable                                 
07       source, that would lead a reasonable person who is knowledgeable and                                          
08       experienced in game management in this state to form an opinion that                                          
09                 (1)  [; (2)]  depletion of the big game prey population or reduction of                             
10       the productivity of the big game prey population has occurred and may result in a                                 
11       significant reduction in the allowable human harvest of the population; and                                       
12                 (2) [(3)]  enhancement of abundance or productivity of the big game                                 
13       prey population is reasonably [FEASIBLY] achievable utilizing recognized and                                  
14       prudent active management techniques.                                                                             
15    * Sec. 19.  AS 16.05.255 is amended by adding new subsections to read:                                             
16            (k)  The Board of Game shall accord a priority to the conservation,                                          
17       development, and utilization of species of game and may determine on an area by area                              
18       basis the level of priority assigned to each species for which consumptive uses are                               
19       authorized.  The board shall accord a subordinate priority to the conservation,                                   
20       development, and utilization of species that the board has not authorized to be taken                             
21       for consumptive uses.  Except for a species or subspecies determined by the board to                              
22       be endangered under AS 16.20.190, the board may not amend or repeal regulations                                   
23       authorizing consumptive uses of a game species, including regulations relating to                                 
24       methods, means, and seasons of harvest, bag limits, access, and similar matters, based                            
25       on the level of abundance of a population of a mammal, bird, reptile, insect, or other                            
26       animal species for which the board has not adopted regulations authorizing the taking                             
27       of that species for consumptive uses.                                                                             
28            (l)  The Board of Game shall adopt by regulation all plans, strategies,                                      
29       guidelines, and similar documents that establish policies for the management of game                              
30       in the state.  The department shall submit each plan, strategy, guideline, or similar                             
31       document prepared by the department that establishes policies for the management of                               
01       game for the approval by the board before the policies are implemented by the                                     
02       department.                                                                                                       
03            (m)  The Board of Game may adopt regulations the board considers advisable                                   
04       for the conservation, development, and utilization of non-game for the management of                              
05       non-game by the department.                                                                                       
06    * Sec. 20.  AS 16.05.340(a)(2) is amended to read:                                                                 
07                 (2)  Resident hunting license .................................................... 50 [25]          
08    * Sec. 21.  AS 16.05.340(a)(3) is amended to read:                                                                 
09                 (3)  Resident hunting and trapping license ............................... 79 [39]                  
10    * Sec. 22.  AS 16.05.340(a)(4) is amended to read:                                                                 
11                 (4)  Resident trapping license ................................................... 30 [15]          
12    * Sec. 23.  AS 16.05.340(a)(5) is amended to read:                                                                 
13                 (5)  Resident hunting and sport fishing license ........................ 64 [39]                    
14    * Sec. 24.  AS 16.05.340(a)(6) is amended to read:                                                                 
15                 (6)  Resident hunting, trapping, and sport fishing license ....... 94 [53];                         
16                      (A)  however, the fee is $5 for an applicant who                                                   
17                           (i)  is receiving or has received assistance during the                                       
18                 preceding six months under any state or federal welfare program to aid                                  
19                 the indigent; or                                                                                        
20                           (ii)  has an annual family gross income of less than                                          
21                 $8,200 for the year preceding application;                                                              
22                      (B)  a person paying $5 for a resident hunting, trapping, and                                      
23            sport fishing license shall [MUST] provide proof of eligibility under this                               
24            paragraph when purchasing the license [REQUESTED BY THE                                                  
25            DEPARTMENT].                                                                                                 
26    * Sec. 25.  AS 16.05.340(a)(9) is amended to read:                                                                 
27                 (9)  Nonresident hunting license ............................................. 150 [85]             
28    * Sec. 26.  AS 16.05.340(a)(11) is amended to read:                                                                
29                 (11)  Nonresident hunting and trapping license ................... 300 [250]                        
30    * Sec. 27.  AS 16.05.340(a)(15) is amended to read:                                                                
31                 (15)  Nonresident big game tags                                                                         
01       A nonresident, including a nonresident alien, may not take a big game animal                                  
02       without previously purchasing a numbered, nontransferable, appropriate tag, issued                                
03       under this paragraph.  The tag must be affixed to the animal immediately upon capture                             
04       and must remain affixed until the animal is prepared for storage, consumed, or                                    
05       exported.  A tag issued but not used for an animal may be used to satisfy the tagging                             
06       requirement for an animal of any other species for which the tag fee is of equal or less                          
07       value.                                                                                                            
08                      (A)  Bear, black, each ............................................... 325 [225]               
09                      (B)  Bear, brown or grizzly, each ............................. 750 [500]                      
10                      (C)  Bison, each ...................................................... 1000 [450]             
11                      (D)  Caribou, each .................................................... 425 [325]              
12                      (E)  Deer, each .......................................................... 200 [150]           
13                      (F)  Elk, each ............................................................ 500 [300]          
14                      (G)  Goat, each ......................................................... 750 [300]            
15                      (H)  Moose, each ...................................................... 500 [400]              
16                      (I)  Sheep, each ......................................................... 750 [425]           
17                      (J)  Wolf, each .............................................................. 50 [30]         
18            A nonresident is not required to have a nonresident wolf tag to take a wolf in a                             
19            game management unit if the Board of Game has adopted an intensive                                           
20            management program under AS 16.05.255 for all or a portion of the game                                       
21            management unit.                                                                                             
22                      (K)  Wolverine, each ................................................ 250 [175]                
23                      (L)  Musk ox [OXEN], each ............................... 1,500 [1,100]                    
24    * Sec. 28.  AS 16.05.340(a)(17) is amended to read:                                                                
25                 (17)  Waterfowl conservation tag ............................................... 10 [5]             
26                      (A)  A person may not engage in waterfowl hunting without                                          
27            having the current year's waterfowl conservation tag in the person's actual                              
28            possession, unless that person                                                                               
29                           (i)  qualifies for a $5 license fee under (6) of this                                         
30                 subsection;                                                                                             
31                           (ii)  is a resident under the age of 16;                                                      
01                           (iii)  is 60 years of age or older and is a resident;                                         
02                           (iv)  is a disabled veteran eligible for a free license under                                 
03                 AS 16.05.341.                                                                                           
04                      (B)  The Board of Game shall by regulation suspend                                             
05            [EXEMPT] the requirement of a waterfowl conservation tag for waterfowl                                       
06            hunting in areas of the state not likely to benefit from programs described in                               
07            AS 16.05.130(b)(2) - (4).                                                                                    
08    * Sec. 29.  AS 16.05.340(a)(19) is amended to read:                                                                
09                 (19)  Nonresident small game hunting license ......................... 50 [20]                      
10    * Sec. 30.  AS 16.05.340(a)(20) is amended to read:                                                                
11                 (20)  Nonresident alien hunting license ................................ 450 [300]                  
12       A nonresident alien may not take a big game animal without previously purchasing a                                
13 numbered, nontransferable, appropriate nonresident big game tag, issued under (15) [(21)] of                    
14 this subsection.  [THE TAG MUST BE AFFIXED TO THE ANIMAL IMMEDIATELY                                                    
15 UPON CAPTURE AND MUST REMAIN AFFIXED UNTIL THE ANIMAL IS                                                                
16 PREPARED FOR STORAGE, CONSUMED, OR EXPORTED.  A TAG ISSUED BUT NOT                                                      
17 USED FOR AN ANIMAL MAY BE USED TO SATISFY THE TAGGING                                                                   
18 REQUIREMENT FOR AN ANIMAL OF ANY OTHER SPECIES FOR WHICH THE TAG                                                        
19 FEE IS OF EQUAL OR LESS VALUE.]                                                                                         
20    * Sec. 31.  AS 16.05.340(a) is amended by adding a new paragraph to read:                                          
21                 (27)  Resident small game hunting license ...................................... 25.                    
22    * Sec. 32.  AS 16.05.340(d) is amended to read:                                                                    
23            (d)  Members of the military service on active duty who are permanently                                      
24       stationed in the state, and their dependents, who do not qualify as residents under                               
25       AS 16.05.415, may obtain special nonresident military small game and sport fishing                                
26       licenses at the rates for resident small game hunting and sport fishing licenses, but                         
27       may not take a big game animal without previously purchasing a regular nonresident                                
28       hunting license and a numbered, nontransferable appropriate tag, issued at one-half of                            
29       the nonresident rate, under (a)(15) of this section.                                                              
30    * Sec. 33.  AS 16.05.340 is amended by adding new subsections to read:                                             
31            (j)  By regulation, the commissioner may authorize a reduction, not to exceed                                
01       five percent, in the fee for a license, permit, stamp, or tag issued under AS 16.05.330 -                         
02       16.05.430 that is purchased through the department's Internet web site.                                           
03            (k)  In addition to the fee for a hunting, trapping, or sport fishing license set                            
04       under (a) of this section, the department shall collect an access surcharge on each                               
05       individual or combined hunting, trapping, or sport fishing license sold.  The amount of                           
06       the surcharge is $1 for each individual or combined resident hunting, trapping, or sport                          
07       fishing license sold and $5 for each individual or combined nonresident hunting,                                  
08       trapping, or sport fishing license sold.  The proceeds of the surcharge must be                                   
09       separately accounted and may be appropriated for the acquisition of easements, rights-                            
10       of-way, and land to provide access to fish and game for holders of hunting, trapping,                             
11       and sport fishing licenses.                                                                                       
12    * Sec. 34.  AS 16.05.346(a) is amended to read:                                                                    
13            (a)  If the Board of Game establishes an open season for musk oxen and has                                   
14       not reduced or eliminated the $500 resident tag fee under AS 16.05.340(a)(16), the                                
15       department shall conduct a drawing for permits to take the musk oxen.  If the Board of                            
16       Game establishes an open season for musk oxen for which the Board of Game has                                     
17       reduced or eliminated the resident tag fee, the department shall issue permits to take                            
18       the musk oxen in the order in which applications are received by the department.  A                               
19       person is not eligible for more than one musk oxen permit a year.  The department                                 
20       may not charge a fee for an application for a musk oxen permit for an open season in                              
21       which the Board of Game has reduced or eliminated the resident tag fee under                                      
22       AS 16.05.340(a)(16).  In all other cases the application fee for a musk oxen permit is                            
23       $15 [$10].                                                                                                    
24    * Sec. 35.  AS 16.05.346(b) is amended to read:                                                                    
25            (b)  The application fee for a drawing permit issued by the department for the                               
26       hunting of bison is $15 [$10].                                                                                
27    * Sec. 36.  AS 16.05.346(c) is amended to read:                                                                    
28            (c)  Except as provided in (a) and (b) of this section, the permit application fee                           
29       for all species for which a limited drawing is conducted is $7.50 [$5].                                       
30    * Sec. 37.  AS 16.05.346 is amended by adding new subsections to read:                                             
31            (e)  The application fee for a hunting permit issued by the department under                                 
01       AS 16.05.258(b)(4), known as a tier II hunting permit, is $10.  A person is exempt                                
02       from the payment of the application fee for a tier II hunting permit if the person is                             
03                 (1)  blind;                                                                                             
04                 (2)  under the age of 16;                                                                               
05                 (3)  60 years of age or older; or                                                                       
06                 (4)  a disabled veteran eligible for a free license under AS 16.05.341.                                 
07            (f)  The application fee for an annual registration hunt stamp is $10.  A person                             
08       shall obtain an annual registration hunt stamp before participating in a hunt for which                           
09       a registration stamp is required by regulation of the Board of Game.  A person is                                 
10       exempt from the payment of the annual registration hunt stamp application fee if the                              
11       person is                                                                                                         
12                 (1)  blind;                                                                                             
13                 (2)  under the age of 16;                                                                               
14                 (3)  60 years of age or older; or                                                                       
15                 (4)  a disabled veteran eligible for a free license under AS 16.05.341.                                 
16    * Sec. 38.  AS 16.05 is amended by adding a new section to read:                                                   
17            Sec. 16.05.348.  Deferral of issuance of hunting permits to take brown or                                  
18       grizzly bear or wolf.  The Board of Game may establish a hunting permit deferral                                
19       program in areas adjacent to or near state game sanctuaries established under                                     
20       AS 16.20 and federal national parks.  If, upon review of current biological information                           
21       and historical harvest records for a brown or grizzly bear population or wolf                                     
22       population in an area, the board has authorized the issuance of a fixed number of                                 
23       hunting permits to take brown or grizzly bear or wolf in the area, the board may                                  
24       establish a hunting permit deferral program for that species in that area.  The board                             
25       shall give special consideration to the establishment of permit deferral programs in                              
26       areas where the management of a brown or grizzly bear population or wolf population                               
27       is affected by the habituation of brown or grizzly bears and wolves to the presence of                            
28       humans at popular wildlife viewing locations.  Upon the establishment of a hunting                                
29       permit deferral program for an area, the commissioner shall defer the issuance of one                             
30       brown or grizzly bear or one wolf hunting permit for the area for a calendar year when                            
31       the appropriate permit deferral fee is received.  Notwithstanding AS 16.05.080, the                               
01       commissioner shall set the amount of the hunting permit deferral fee at an amount that                            
02       reasonably reflects the amount of the fee for the brown or grizzly bear hunting permit                            
03       or wolf hunting permit that would not be issued and the value to the state economy                                
04       attributable to the expenses incurred by a person to take the brown or grizzly bear or                            
05       wolf for which the hunting permit would otherwise be issued.   The permit deferral fee                            
06       may be paid by an individual, a group of individuals, or any legal entity.  The                                   
07       commissioner shall deposit the proceeds from the permit deferral fee in the fish and                              
08       game fund.                                                                                                        
09    * Sec. 39.  AS 16.05.350(a) is amended to read:                                                                    
10            (a)  Licenses, permits, stamps, and tags required under AS 16.05.330 -                                   
11       16.05.430, except biennial licenses, triennial licenses, the nonresident sport fishing                            
12       licenses, the resident trapping license, the nonresident anadromous king salmon tags,                             
13       the waterfowl conservation tag, and permits having a different specified expiration                               
14       date, expire at the close of December 31 following issuance.                                                      
15    * Sec. 40.  AS 16.05.360(a) is amended to read:                                                                    
16            (a)  The commissioner or the commissioner's designee [AN AUTHORIZED                                      
17       DEPUTY] shall issue each license, [AND] tag, permit, stamp, certificate, or other                         
18       document issued by the department that is required by law as a prerequisite to                                
19       engaging in an activity authorized by the Board of Fisheries or Board of Game to                              
20       a qualified person under written application containing such reasonable information as                            
21       required by the commissioner.  The commissioner shall designate the [LICENSE                                      
22       AND TAG] form or type of the document.  The document [FORM OR TYPE] must                                  
23       be sufficient to identify and locate the applicant and establish the applicant's status as                        
24       to residency and citizenship. Each application shall be subscribed by the applicant.                              
25    * Sec. 41.  AS 16.05.380 is amended to read:                                                                       
26            Sec. 16.05.380.  Commissioner may appoint agents.  The commissioner may                                    
27       appoint state employees or other persons to take applications, issue licenses, permits,                           
28       stamps, and tags, and collect fees.  The commissioner is not liable for defalcation or                        
29       failure to account for the fees collected by any person so appointed, but the                                     
30       commissioner shall require a bond in an adequate sum, conditioned upon faithfully                                 
31       accounting for all money collected. However, the commissioner may waive the bond                                  
01       requirements of an instrumentality of the United States or its agents and employees                               
02       when the instrumentality or its agents or employees sell licenses, permits, or tags                               
03       primarily to persons in the armed forces. Each person, upon appointment by the                                    
04       commissioner, may administer oaths on applications for licenses, permits, stamps, and                         
05       tags.                                                                                                             
06    * Sec. 42.  AS 16.05.390(a) is amended to read:                                                                    
07            (a)  Except as provided in (e) of this section, an agent appointed by the                                    
08       commissioner under AS 16.05.380 to sell licenses, permits, stamps, and tags is                                
09       entitled to                                                                                                       
10                 (1)  retain five percent of the fee that is charged for a license, permit,                              
11       stamp, or tag or 25 cents for each license, permit, stamp, or tag sold, whichever is                      
12       greater; and                                                                                                      
13                 (2)  compensation of $50 a [PER] year or $1 for each license, permit,                               
14       stamp, or tag sold during the year, whichever is greater.                                                     
15    * Sec. 43.  AS 16.05.390(b) is amended to read:                                                                    
16            (b)  Each agent appointed to sell licenses, permits, stamps, or tags under                               
17       AS 16.05.380 shall, as directed by the commissioner, transmit the proceeds from the                               
18       sales of licenses, permits, stamps, and tags, except the amount authorized to be                              
19       retained under (a)(1) of this section, together with a report of the sales, to the                                
20       commissioner for deposit in the fish and game fund or the general fund.                                           
21    * Sec. 44.  AS 16.05.390(c) is amended to read:                                                                    
22            (c)  On March 31, June 30, September 30, and December 31 of each year, the                               
23       commissioner shall calculate the compensation earned by an agent under (a)(2) of this                             
24       section, minus the penalties assessed under (g) of this section.  If the compensation                             
25       due exceeds $50, the commissioner shall pay the compensation not later than 30 days                               
26       after the date for which the compensation was calculated.  If the compensation due is                             
27       $50 or less, the commissioner shall pay the compensation not later than January 30 of                             
28       the year following the year in which the compensation was earned.  The commissioner                               
29       shall pay compensation only for sales of licenses, permits, stamps, or tags for which                         
30       the commissioner has received the report and proceeds required to be transmitted                                  
31       under (b) of this section.                                                                                        
01    * Sec. 45.  AS 16.05.390(e) is amended to read:                                                                    
02            (e)  The provisions of (a) of this section do not apply to a state employee                                  
03       appointed by the commissioner under AS 16.05.380 to sell licenses, permits, stamps,                           
04       and tags.                                                                                                         
05    * Sec. 46.  AS 16.05.390(f) is amended to read:                                                                    
06            (f)  Proceeds and reports under (b) of this section shall be transmitted to the                              
07       commissioner by the last day of the month following the month in which the licenses,                              
08       permits, stamps, and tags are sold, unless an alternative reporting schedule has been                         
09       established by contract.                                                                                          
10    * Sec. 47.  AS 16.05.405 is amended by adding new subsections to read:                                             
11            (g)  Notwithstanding (a) - (f) of this section and AS 16.05.420(c), a resident                               
12       who has a valid hunting license to take big game or who is exempt from the hunting                                
13       license requirement under AS 16.05.400 may take a big game animal on behalf of                                    
14       another resident who has a permit, tag, or other written authorization issued by the                              
15       department under AS 16.05.346 or under regulations of the department or Board of                                  
16       Game to take the animal, if the resident is physically present in the field with the other                        
17       resident who has the permit, tag, or other written authorization to take the animal and                           
18       the other resident has provided written authorization for the resident to take the                                
19       animal.                                                                                                           
20            (h)  Notwithstanding (a) - (f) of this section and AS 16.05.420(c), a resident                               
21       may affix a permit, tag, or other written authorization issued by the department under                            
22       AS 16.05.346 or under regulations of the department or Board of Game that is                                      
23       required to be affixed to a big game animal when the animal has been taken to a big                               
24       game animal taken by another resident if the resident is physically present in the field                          
25       with the other resident and has the permission of the other resident who took the big                             
26       game animal.                                                                                                      
27    * Sec. 48.  AS 16.05.407(a) is amended to read:                                                                    
28            (a)  Except as provided under AS 16.05.781, it [IT] is unlawful for a                                    
29       nonresident to hunt, pursue, or take brown bear, grizzly bear, mountain goat, or sheep                            
30       in this state, unless personally accompanied by                                                                   
31                 (1)  a person who is licensed as                                                                        
01                      (A)  a registered guide or a master guide under AS 08.54 and                                       
02            who is providing big game hunting services to the nonresident under a contract                               
03            with the nonresident; or                                                                                     
04                      (B)  a class-A assistant guide or an assistant guide under                                         
05            AS 08.54 and who is employed by a registered guide or a master guide who                                     
06            has a contract to provide big game hunting services to the nonresident; or                                   
07                 (2)  a resident over 19 years of age who is                                                             
08                      (A)  the spouse of the nonresident; or                                                             
09                      (B)  related to the nonresident, within and including the second                                   
10            degree of kindred, by marriage or blood.                                                                     
11    * Sec. 49.  AS 16.05.408(a) is amended to read:                                                                    
12            (a)  Except as provided under AS 16.05.781, it [IT] is a class A misdemeanor                             
13       for a nonresident alien to hunt, pursue, or take a big game animal as defined by the                              
14       Board of Game unless personally accompanied by                                                                    
15                 (1)  a registered guide or a master guide licensed under AS 08.54 who                                   
16       is providing big game hunting services to the nonresident alien under a contract with                             
17       the nonresident alien; or                                                                                         
18                 (2)  a class-A assistant guide or an assistant guide licensed under                                     
19       AS 08.54 who is employed by a registered guide or a master guide who has a contract                               
20       to provide big game hunting services to the nonresident alien.                                                    
21    * Sec. 50.  AS 16.05.420 is amended to read:                                                                       
22            Sec. 16.05.420.  License, tag, permit, stamp, and registration violations.                               
23       (a) A false statement of a material fact in an application for a license, tag, permit,                            
24       stamp, and sport fishing vessel registration issued under AS 16.05.330 - 16.05.430                            
25       voids the license, tag, permit, stamp, or registration for which the application is made.                     
26            (b)  A person may not make a false statement, or omit a material fact, in an                                 
27       application for a license, tag, permit, stamp, or sport fishing vessel registration issued                    
28       under AS 16.05.330 - 16.05.430. A person who without any culpable mental state                                    
29       makes a false statement as to the person's identity or residency in an application for a                          
30       license, tag, permit, stamp, or sport fishing vessel registration issued under                                
31       AS 16.05.330 - 16.05.430 is guilty of a violation and upon conviction is punishable by                            
01       a fine of not more than $300. A person who knowingly violates this subsection is                                  
02       guilty of a class A misdemeanor.                                                                                  
03            (c)  A person to whom a license, permit, tag, stamp, or sport fishing vessel                         
04       registration has been issued under this chapter may not alter, change, loan, or transfer                          
05       the license, permit, tag, stamp, or sport fishing vessel registration.  A person may not                  
06       use a license, permit, tag, stamp, or sport fishing vessel registration that has been                     
07       issued under this chapter to another person.                                                                      
08    * Sec. 51.  AS 16.05 is amended by adding a new section to read:                                                   
09            Sec. 16.05.781.  Taking of black bear and brown or grizzly bear.  (a)  If,                                 
10       under AS 16.05.255(e) or (f), the Board of Game has identified predation by bear as a                             
11       cause of the depletion of a big game prey population or reduction of the productivity                             
12       of a big game population that is a basis for the establishment of an intensive                                    
13       management program in a game management unit or subunit or for the declaration of                                 
14       the biological emergency in a game management unit or subunit, bear may be taken in                               
15       the game management unit or subunit under (b) - (h) of this section.  The department                              
16       shall provide notice to the public of when and where (b) - (h) of this section are in                             
17       effect.  The taking of bear under this section is subject to provisions of this title,                            
18       applicable to the taking of bear, and to regulations governing the method, manner,                                
19       means, bag limit, or other matters adopted by the Board of Game that do not conflict                              
20       with (b) - (h) of this section.                                                                                   
21            (b)  Subject to (a) of this section, a person may take bear with the use of bait                             
22       without registration and may relocate viscera and nonedible parts of legally taken                                
23       game or commercially purchased material for use as bait for bear.                                                 
24            (c)  Subject to (a) of this section, a person who is airborne may assist another                             
25       person who is not airborne to locate a bear.                                                                      
26            (d)  Subject to (a) of this section, a person may use an electronic predator call                            
27       device and electronic telecommunications equipment as an aid to take bear.                                        
28            (e)  Subject to (a) of this section, a person may take bear on the same day that                             
29       the person has been airborne.                                                                                     
30            (f)  Subject to (a) of this section and notwithstanding AS 16.05.782, a person                               
31       may take a bear within one-half mile of a solid waste disposal facility.                                          
01            (g)  Subject to (a) of this section, there is no closed season on bear.                                      
02            (h)  Subject to (a) of this section and notwithstanding AS 16.05.407 and                                     
03       AS 16.05.408, a nonresident or a nonresident alien who has successfully completed a                               
04       big game hunter safety course administered by the department under (i) of this section                            
05       may take a bear if the nonresident or nonresident alien is accompanied by a resident                              
06       who is over 19 years of age, who has hunted big game in the state during three or more                            
07       calendar years, who has successfully completed a big game hunter safety course                                    
08       administered by the department under (i) of this section, and who does not receive any                            
09       remuneration for accompanying the nonresident or nonresident alien to take a bear.  A                             
10       resident may not accompany more than two nonresidents, regardless of whether they                                 
11       are aliens or not, during a calendar year to take a bear under this subsection.                                   
12            (i)  The department shall provide a big game hunter safety course for                                        
13       nonresidents and nonresident aliens who intend to hunt for bear under (h) of this                                 
14       section and for residents who intend to accompany a nonresident or nonresident alien                              
15       to take bear under (h) of this section.  The big game hunter safety course must include                           
16       information on applicable hunting laws and on the hazards of dangerous animals,                                   
17       rugged terrain, weather, and other conditions found in the state.  The department shall                           
18       provide the course materials for the course at each of its offices and through the                                
19       department's Internet website.  The department shall authorize agents to distribute                               
20       course materials.  The department shall offer the test for completion of the hunter                               
21       safety course at each of its offices.  The department may also administer the test for                            
22       completion of the hunter safety course by mail or through the Internet.  The                                      
23       department shall issue a big game hunter safety certificate to each person who                                    
24       successfully completes the course.  The department may charge a fee not to exceed                                 
25       $50 to take the test for completion of the hunter safety course.                                                  
26            (j)  In this section, "bear" means black bear and brown or grizzly bear.                                     
27    * Sec. 52.  AS 16.05.810 is amended to read:                                                                       
28            Sec. 16.05.810.  Burden of proof.  The possession of fish or wildlife [GAME]                           
29       or a part of fish or wildlife [GAME], or a nest or egg of a bird during the time the                          
30       taking of it is prohibited is prima facie evidence that it was taken, possessed, bought,                          
31       or sold or transported in violation of this chapter.  The burden of proof is upon the                             
01       possessor or claimant of it to overcome the presumption of illegal possession and to                              
02       establish the fact that it was obtained and is possessed lawfully.  This section does not                         
03       apply                                                                                                             
04                 (1)  during the first full 10 days after the time when a taking is                                      
05       prohibited, except as provided in (3) of this section;                                                            
06                 (2)  if the fish or game or part of fish or game is in a preserved                                      
07       condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or                             
08                 (3)  with respect to crab aboard a commercial crab fishing vessel,                                      
09       during the first full three days after the time when a taking is prohibited.                                      
10    * Sec. 53.  AS 16.05.920(a) is amended to read:                                                                    
11            (a)  Unless permitted by AS 16.05 - AS 16.40, by AS 41.14, or by regulation                                  
12       adopted under AS 16.05 - AS 16.40 or AS 41.14, a person may not take, possess,                                    
13       transport, sell, offer to sell, purchase, or offer to purchase fish, wildlife [GAME], or                      
14       marine aquatic plants, or any part of fish, wildlife [GAME], or aquatic plants, or a nest                     
15       or egg of fish or wildlife [GAME].                                                                            
16    * Sec. 54.  AS 16.05.930(a) is amended to read:                                                                    
17            (a)  This chapter does not prevent the collection or exportation of fish and                                 
18       wildlife [GAME], a part of fish or wildlife [GAME] or a nest or egg of a bird for                         
19       scientific or educational purposes, or for propagation or exhibition purposes under a                             
20       permit that the department may issue and prescribe the terms thereof.                                             
21    * Sec. 55.  AS 16.05.930(b) is amended to read:                                                                    
22            (b)  This chapter does not prohibit a person from taking fish or wildlife                                
23       [GAME] during the closed season, in case of dire emergency, as defined by regulation                              
24       adopted by the appropriate board.                                                                                 
25    * Sec. 56.  AS 16.05.930 is amended by adding a new subsection to read:                                            
26            (h)  This chapter does not prohibit the purchase, sale, resale, barter, or other                             
27       transfer for value of a mount, trophy, or part of a lawfully taken fish or game animal.                           
28       The commissioner, Board of Fisheries, and Board of Game may not prohibit the                                      
29       purchase, sale, resale, barter, or other transfer for value, or the advertising for the                           
30       purchase, sale, resale, barter, or other transfer for value, of a mount, trophy, or part of                       
31       a lawfully taken fish or game animal.                                                                             
01    * Sec. 57.  AS 16.05.935 is amended to read:                                                                       
02            Sec. 16.05.935.  Restrictions on cooperation with federal government.  (a)                                 
03       In recognition of the fact that the state has not assented to federal control of fish and                         
04       wildlife [GAME] in Glacier Bay National Park and Preserve or the navigable waters                             
05       within or adjoining the park and preserve, that the power to control the management of                            
06       fish and wildlife [GAME] within the boundaries of the state is an incident of state                           
07       sovereignty, and that the federal government cannot commandeer the lawmaking                                      
08       processes of the states to compel the state to enact and enforce a federal regulatory                             
09       program, an agency, employee, or agent of the state may not expend funds to adopt or                              
10       enforce the implementation of the federal regulatory program or a part of the program                             
11       for control of fish and wildlife [GAME] in the park and preserve or the navigable                             
12       waters within or adjoining the park and preserve that is in conflict with a state statute                         
13       or regulation regarding management of fish or wildlife [GAME] within the park or                              
14       preserve. This subsection does not prohibit an agency, employee, or agent of the state                            
15       from                                                                                                              
16                 (1)  taking action necessary to protect life or property;                                               
17                 (2)  commenting on proposed federal statutes or regulations;                                            
18                 (3)  collecting data relating to claims of economic harm arising from                                   
19       the closure of the park and preserve to commercial fishing; or                                                    
20                 (4)  participating in or cooperating with a federal program established                                 
21       under 16 U.S.C. 703 - 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 - 773k                                       
22       (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h (Marine Mammal                                     
23       Protection Act); 16 U.S.C. 1531 - 1544 (Endangered Species Act); 16 U.S.C. 1801 -                                 
24       1883 (Magnuson-Stevens Fishery Conservation and Management Act); 16 U.S.C.                                        
25       3631 - 3644 (Pacific Salmon Treaty Act of 1985).                                                                  
26            (b)  Nothing in this title authorizes the department or a board to enter into an                             
27       agreement with a department or agency of the federal government that cedes state                                  
28       authority for the management of fish or wildlife [GAME] in the state to the federal                           
29       government.  In this subsection, "management" means the regulation of the method,                                 
30       manner, means, time, or place of taking of fish or wildlife [GAME] or the regulation                          
31       of the amount of fish or wildlife [GAME] that may be taken.                                                   
01    * Sec. 58.  AS 16.05.940(12) is amended to read:                                                                   
02                 (12)  "fish" means any species of aquatic finfish, invertebrate, or                                     
03       amphibian, in any stage of its life cycle, found in or introduced into the state, for                         
04       which the Board of Fisheries has adopted regulations authorizing consumptive                                  
05       use or that the Board of Fisheries has authorized the department to manage;                                   
06       "fish" [, AND] includes any part of such aquatic finfish, invertebrate, or amphibian;                         
07    * Sec. 59.  AS 16.05.940(19) is amended to read:                                                                   
08                 (19)  "game" means any species of bird, reptile, or [AND] mammal,                                   
09       including a feral domestic animal, found or introduced in the state, except domestic                              
10       birds and mammals, for which the Board of Game has adopted regulations                                        
11       authorizing consumptive use or that the Board of Game has authorized the                                      
12       department to manage [; AND GAME MAY BE CLASSIFIED BY REGULATION                                              
13       AS BIG GAME, SMALL GAME, FUR BEARERS OR OTHER CATEGORIES                                                          
14       CONSIDERED ESSENTIAL FOR CARRYING OUT THE INTENTION AND                                                           
15       PURPOSES OF AS 16.05  - AS 16.40];                                                                                
16    * Sec. 60.  AS 16.05.940(34) is amended to read:                                                                   
17                 (34)  "take" means taking, pursuing, hunting, fishing, trapping, or in                                  
18       any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish,                           
19       trap, or in any manner capture or kill fish or wildlife [GAME];                                               
20    * Sec. 61.  AS 16.05.940(35) is amended to read:                                                                   
21                 (35)  "taxidermy" means tanning, mounting, processing, or other                                         
22       treatment or preparation of fish or wildlife [GAME], or any part of fish or wildlife                      
23       [GAME], as a trophy, for monetary gain, including the receiving of the fish or wildlife                       
24       [GAME] or parts of fish or wildlife [GAME] for such purposes;                                                 
25    * Sec. 62.  AS 16.05.940 is amended by adding new paragraphs to read:                                              
26                 (38)  "non-game" means any species of bird, reptile, or mammal that                                     
27       the Board of Game has authorized the department to manage but for which the Board                                 
28       of Game has not adopted regulations authorizing consumptive use;                                                  
29                 (39)  "wildlife" means game, non-game, and any other species of bird,                                   
30       reptile, or mammal, including a feral domestic animal, found or introduced in the state,                          
31       except domestic birds and mammals.                                                                                
01    * Sec. 63.  AS 16.20.180 is amended to read:                                                                       
02            Sec. 16.20.180.  Declaration of purpose.  The legislature recognizes that, due                             
03       to growth and development, certain species or subspecies of fish and wildlife are now                             
04       and may in the future be in danger of [THREATENED WITH] extinction.  The                                      
05       purpose of AS 16.20.180 - 16.20.210 is to establish a program for their continued                                 
06       conservation, protection, restoration, and propagation.                                                           
07    * Sec. 64.  AS 16.20.185 is amended to read:                                                                       
08            Sec. 16.20.185.  Protection of habitat.  On land under their respective                                    
09       jurisdictions, the commissioner of fish and game and the commissioner of natural                                  
10       resources shall take measures to preserve the natural habitat of species or subspecies                            
11       of fish and wildlife that are recognized as in danger of [THREATENED WITH]                                    
12       extinction.                                                                                                       
13    * Sec. 65.  AS 16.20.190 is amended to read:                                                                       
14            Sec. 16.20.190.  Determining endangered species.  (a)  A species or                                        
15       subspecies of fish or wildlife is considered endangered when the Board of Fisheries                           
16       or the Board of Game, as appropriate, [COMMISSIONER OF FISH AND GAME]                                         
17       determines that its numbers have decreased to such an extent as to indicate that the                          
18       species or subspecies is in danger of extinction [ITS CONTINUED EXISTENCE IS                                  
19       THREATENED].  In making this determination the board [COMMISSIONER OF                                         
20       FISH AND GAME] shall consider                                                                                     
21                 (1)  the destruction, drastic modification, or severe curtailment of its                                
22       habitat;                                                                                                          
23                 (2)  its overutilization for commercial or sporting purposes;                                           
24                 (3)  the effect on it of disease or predation;                                                          
25                 (4)  other natural or man-made factors affecting its continued existence.                               
26            (b)  After making a determination under (a) of this section, the board                                   
27       [COMMISSIONER OF FISH AND GAME] shall, in accordance with AS 44.62                                                
28       (Administrative Procedure Act), publish a list of the species or subspecies of fish and                           
29       wildlife that are endangered.  The board [COMMISSIONER] shall, at least once                                  
30       every two years thereafter, conduct a thorough review of the list to determine what                               
31       changes have occurred concerning the species or subspecies listed.  Consideration of                              
01       existing species or subspecies of fish and wildlife for listing under this section shall be                       
02       made on a continuing basis.  The review of listed species or subspecies conducted                                 
03       under this section shall be submitted in writing to the governor and the legislature and                          
04       shall be made available to the public.                                                                            
05            (c)  In making the determination and review under (a) and (b) of this section,                               
06       the board [COMMISSIONER OF FISH AND GAME] shall seek the advice and                                           
07       recommendation of interested persons and organizations [, INCLUDING BUT NOT                                       
08       LIMITED TO ORNITHOLOGISTS, ICHTHYOLOGISTS, ECOLOGISTS, AND                                                        
09       ZOOLOGISTS].                                                                                                      
10    * Sec. 66.  AS 16.05.050(a)(1) is repealed.                                                                        
11    * Sec. 67.  AS 16.05.340(a)(21) is repealed.                                                                       
12    * Sec. 68.  Sections 1, 20 - 37, 39 - 46, 50, and 67 of this Act take effect January 1, 2006.                      
13    * Sec. 69.  Except as provided in sec. 68 of this Act, this Act takes effect July 1, 2005.