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

01            (3)  the considerations that justified the 1972 action also warrant extension of                             
02 similar conservation measures and protections to the river systems, ground water, aquifer                               
03 systems, and other hydrologic regimes, including any hydrologically interrelated or connected                           
04 surface and ground water, within the drainage systems that connect to the surface water of                              
05 Bristol Bay.                                                                                                            
06    * Sec. 2. AS 16.10 is amended by adding a new section to read:                                                     
07            Sec. 16.10.015. Protection of salmon streams within certain drainages                                      
08       affecting Bristol Bay. (a) Notwithstanding any other provision of law, a person may                             
09       not withdraw, obstruct, divert, inject, pollute, or pump, either temporarily or                                   
10       permanently, any subsurface or surface water within the anadromous fish waters of the                             
11       Bristol Bay watershed in connection with a sulfide mining operation.                                              
12            (b)  Notwithstanding any other provision of law, a person may not alter,                                     
13       destroy, displace, relocate, channel, dam, convert to dry land, or otherwise adversely                            
14       affect any portion of the anadromous fish waters of the Bristol Bay watershed in                                  
15       connection with a sulfide mining operation.                                                                       
16            (c)  In addition to any other penalties, a person who violates (a) or (b) of this                            
17       section, upon conviction, is punishable by a fine of not less than $100,000 a day or                              
18       more than $1,000,000 a day. Each day on which a violation described in (a) or (b) of                              
19       this section occurs constitutes a separate violation of (a) or (b) of this section.                               
20            (d)  In this section,                                                                                        
21                 (1)  "anadromous fish waters of the Bristol Bay watershed" means the                                    
22       waters in the Bristol Bay watershed that are specified under AS 41.14.870 as being                                
23       important for the spawning, rearing, or migration of anadromous fish;                                             
24                 (2)  "sulfide mining operation" means a mining operation for                                            
25                      (A)  antimony, arsenic, copper, iron, lead, mercury,                                               
26            molybdenum, nickel, palladium, platinum, silver, or zinc; or                                                 
27                      (B)  gold associated with any of the minerals listed in (A) of                                     
28            this paragraph.                                                                                              
29    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).