SB 111: "An Act creating the Kodiak Narrow Cape Public Use Area."
00 SENATE BILL NO. 111 01 "An Act creating the Kodiak Narrow Cape Public Use Area." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.23 is amended by adding new sections to article 1 to read: 04 Sec. 41.23.240. Purpose of AS 41.23.240 - 41.23.270. The purpose of 05 AS 41.23.240 - 41.23.270 is to protect, maintain, enhance, and perpetuate the present 06 use of the area described in AS 41.23.270 as the Kodiak Narrow Cape Public Use 07 Area. The Kodiak Narrow Cape Public Use Area is established to 08 (1) protect, maintain, perpetuate, and enhance year-round general 09 public recreation; 10 (2) protect, maintain, perpetuate, and enhance public enjoyment and 11 use of fish and wildlife; 12 (3) allow additional public uses of the area in a manner compatible 13 with the purposes specified in (1) and (2) of this section. 14 Sec. 41.23.250. Management. (a) The commissioner is responsible for the 15 management of the surface and subsurface estate of the Kodiak Narrow Cape Public
01 Use Area. After adequate public hearings, the commissioner shall adopt and may 02 revise a management plan for the Kodiak Narrow Cape Public Use Area. The 03 commissioner shall provide a copy of the management plan and each revision to the 04 chairs of the resource committees of the legislature within 30 days after its adoption or 05 revision. The commissioner shall consult with the Department of Fish and Game in the 06 adoption and revision of the management plan. 07 (b) Subject to valid existing rights, including existing rights for grazing leases 08 and operations and the interagency land management agreement between the 09 department and the Alaska Aerospace Development Corporation for the Kodiak 10 Launch Complex, the commissioner may not dispose of the surface estate in state land 11 within the Kodiak Narrow Cape Public Use Area. 12 (c) Grazing and missile launch activity are allowable uses within the Kodiak 13 Narrow Cape Public Use Area. Consistent with the purposes of AS 41.23.240(1) and 14 (2), the commissioner shall allow additional uses within the Kodiak Narrow Cape 15 Public Use Area, including horseback riding, hiking, picnicking, berry picking, fossil 16 collecting, tide pooling, all terrain and road vehicle driving, bicycling, dog sledding, 17 cross-country skiing, skijoring, snow machining, camping, surfing, beachcombing, 18 and other traditional public uses of fish and wildlife populations such as fishing, 19 hunting, viewing, and photographing of gray whales and waterfowl. 20 (d) The state may not acquire by eminent domain privately owned land within 21 the boundaries described in AS 41.23.270 but may acquire privately owned land 22 located within the boundaries described in AS 41.23.270 by purchase, exchange, or 23 otherwise for inclusion in the Kodiak Narrow Cape Public Use Area. 24 (e) The commissioner may not manage the Kodiak Narrow Cape Public Use 25 Area as a unit of the state park system. 26 Sec. 41.23.260. Incompatible uses. (a) Except as provided in this section, the 27 commissioner may prohibit or restrict uses determined to be incompatible with the 28 purposes of the Kodiak Narrow Cape Public Use Area under AS 41.23.240(1) and (2) 29 within the state-owned land and water described in AS 41.23.270. 30 (b) Consistent with AS 41.23.240 - 41.23.270, the Department of Fish and 31 Game may engage in rehabilitation, enhancement, and development of fish and
01 wildlife habitat within the area described in AS 41.23.270. 02 (c) The commissioner may not restrict fishing, hunting, or trapping rights 03 allowed under a regulation of the Board of Fisheries or the Board of Game within the 04 Kodiak Narrow Cape Public Use Area. 05 (d) The commissioner shall allow access to the Kodiak Narrow Cape Public 06 Use Area by motorized or nonmotorized means of transportation to private land, to 07 interests in private land, and for hunting, fishing, trapping, mining, and recreational 08 purposes in a manner that is compatible with purposes specified in AS 41.23.240(1) 09 and (2). Existing trails remain open to public use. 10 (e) The Department of Public Safety and the Department of Fish and Game 11 may have necessary access for fish and game management, research, and enforcement 12 purposes. 13 (f) If the commissioner determines that a use is incompatible with one or more 14 other uses in a portion of the Kodiak Narrow Cape Public Use Area, the commissioner 15 shall state in the management plan adopted or revised under AS 41.23.250 16 (1) each determination of incompatibility; 17 (2) the specific area where the incompatibility is determined to exist; 18 (3) the time within which the incompatibility is determined to exist; 19 and 20 (4) the reasons for each determination of incompatibility. 21 Sec. 41.23.270. Kodiak Narrow Cape Public Use Area. Subject to valid 22 existing rights, the vacant and unappropriated state-owned land and water and the state 23 land and water acquired in the future that lie within the boundaries described in this 24 section are designated as the Kodiak Narrow Cape Public Use Area, are reserved for 25 all uses compatible with their primary function as public use land, and are assigned to 26 the department for control and management: 27 Township 30 South, Range 18 West, Seward Meridian 28 Section 19 29 Sections 30 - 31 and all tidelands and submerged lands 1,320 feet 30 seaward of mean high water 31 Township 30 South, Range 19 West, Seward Meridian
01 Section 15 02 Sections 19 - 35 03 Section 36 and all tidelands and submerged lands 1,320 feet seaward of 04 mean high water 05 Township 30 South, Range 20 West, Seward Meridian 06 Section 25 07 Section 36 08 Township 31 South, Range 19 West, Seward Meridian 09 Section 2 and all tidelands and submerged lands 1,320 feet seaward of 10 mean high water 11 Sections 3 - 9 12 Section 10 - 11 and all tidelands and submerged lands 1,320 feet 13 seaward of mean high water 14 Section 15 and all tidelands and submerged lands 1,320 feet seaward of 15 mean high water 16 Sections 16 - 21 17 Section 22 and all tidelands and submerged lands 1,320 feet seaward of 18 mean high water 19 Sections 23 - 26 20 Section 27 and all tidelands and submerged lands 1,320 feet seaward of 21 mean high water 22 Sections 28 - 32 23 Sections 33 - 34 24 Township 31 South, Range 20 West, Seward Meridian 25 Section 1 26 Section 2: all lands lying east of Pasagshak Bay Road 27 Section 12: E1/2 28 Section 13 29 Section 23: SE1/4 30 Sections 24 - 25 31 Section 26: Lot 1 and all tidelands and submerged lands 1,320 feet
01 seaward of mean high water 02 Sections 35 - 36 and all tidelands and submerged lands 1,320 feet 03 seaward of mean high water 04 Township 32 South, Range 19 West, Seward Meridian 05 Sections 3 - 6 and all tidelands and submerged lands 1,320 feet seaward 06 of mean high water 07 Sections 8 - 10 and all tidelands and submerged lands 1,320 feet 08 seaward of mean high water 09 Township 32 South, Range 20 West, Seward Meridian 10 Sections 1 - 4 and all tidelands and submerged lands 1,320 feet seaward 11 of mean high water 12 Sections 9 - 11 and all tidelands and submerged lands 1,320 feet 13 seaward of mean high water