00                            HOUSE BILL NO. 134                                                                          
01 "An Act relating to conservation and protection of wild salmon production in drainages                                  
02 affecting the Bristol Bay Fisheries Reserve; and providing for an effective date."                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       LEGISLATIVE FINDINGS. The legislature finds that                                                                  
07            (1)  in 1972, the Seventh Alaska State Legislature determined that a heightened                              
08 level of protection was needed for the Bristol Bay fisheries and acted by designating the                               
09 Bristol Bay Fisheries Reserve in order to protect the longstanding and valuable commercial,                             
10 subsistence, and sport fishing in the area;                                                                             
11            (2)  the area described as the Bristol Bay Fisheries Reserve and the rivers,                                 
12 streams, and lakes that produce the fish continue to need protection just as when the reserve                           
13 was created; and                                                                                                        
14            (3)  the considerations that justified the 1972 action also warrant extension of                             

01 similar conservation measures and protections to the river systems, ground water, aquifer                               
02 systems, and other hydrologic regimes, including any hydrologically interrelated or connected                           
03 surface and ground water, within the drainage systems that connect to the surface water of                              
04 Bristol Bay.                                                                                                            
05    * Sec. 2. AS 16.10 is amended by adding a new section to read:                                                     
06            Sec. 16.10.015. Protection of salmon streams within certain drainages                                      
07       affecting the Bristol Bay. (a) Notwithstanding any other provision of law, within the                           
08       watersheds of the Nushagak, Kvichak, Naknek, Egegik, and Ugashik Rivers, a person                                 
09       may not                                                                                                           
10                 (1)  withdraw, obstruct, divert, inject, pollute, or pump, either                                       
11       temporarily or permanently, any subsurface or surface water in drainages supporting                               
12       salmon or any water hydrologically interrelated or connected to those drainages; or                               
13                 (2)  alter, destroy, displace, relocate, channel, dam, convert to dry land,                             
14       or otherwise adversely affect any portion of a river, stream, lake, bog, tributary, or any                        
15       other water body, including the beds of water bodies, in drainages supporting salmon.                             
16            (b)  The prohibitions listed in (a) of this section do not apply to                                          
17                 (1)  uses authorized, approved, and permitted before the effective date                                 
18       of this Act;                                                                                                      
19                 (2)  drinking water and domestic uses;                                                                  
20                 (3)  ordinary existing and future municipal uses; or                                                    
21                 (4)  traditional, cultural, or residential uses.                                                        
22            (c)  In addition to any other penalties, a person who violates (a) of this section,                          
23       upon conviction, is punishable by a fine of not less than $10 a day or more than $5,000                           
24       a day, except that a corporation is punishable by a fine of not less than $100,000 a day                          
25       or more than $1,000,000 a day. Each day on which a violation described in (a) of this                             
26       section occurs constitutes a separate violation of that subsection.                                               
27    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).