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HB 6: "An Act establishing the Jonesville Public Use Area."

00                              HOUSE BILL NO. 6                                                                           
01 "An Act establishing the Jonesville 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 read:                                                   
04 Sec. 41.23.280. Purpose of AS 41.23.280 - 41.23.289. The purpose of                                                   
05 AS 41.23.280 - 41.23.289 is to protect, maintain, enhance, and perpetuate the present                                   
06 use of the area described in AS 41.23.286 as the Jonesville Public Use Area. The                                        
07       Jonesville Public Use Area is established to                                                                    
08                 (1)  protect, maintain, perpetuate, and enhance year-round general                                      
09       public recreation;                                                                                                
10                 (2)  protect and maintain migratory waterfowl nesting areas and                                         
11       habitats for moose, Dall sheep, brown bear, and other fish and wildlife so that the                               
12       public may continue to enjoy the fish and wildlife of the Jonesville Public Use Area;                             
13                 (3)  provide opportunities for the public to enjoy the area through a full                              
14       spectrum of public uses, including the maintenance and enhancement of off-road                                    
15       vehicle and nonmotorized recreational opportunities for the public; and                                           
01                 (4)  allow                                                                                              
02                      (A)  continued motorized access for miners and owners of                                           
03            private property in the Jonesville Public Use Area; and                                                      
04                      (B)  additional public uses of the area determined by the                                          
05            commissioner to be compatible with this section.                                                             
06 Sec. 41.23.282. Management. (a) The commissioner is responsible for the                                               
07 management of the surface and subsurface estate of the Jonesville Public Use Area                                       
08 consistent with the purposes of AS 41.23.280. After adequate public hearings, the                                       
09 commissioner may designate incompatible uses and shall adopt and may revise a                                           
10 management plan for the Jonesville Public Use Area. The management plan must                                            
11 include provisions for the enforcement of the plan and compliance with the                                              
12 requirements of the plan. The commissioner shall consult with the Department of Fish                                    
13       and Game in the adoption and revision of the management plan.                                                     
14 (b)  Subject to valid existing rights, the commissioner may not dispose of the                                          
15       surface estate in state land within the Jonesville Public Use Area.                                               
16 (c)  The commissioner of fish and game, the Board of Fisheries, and the Board                                           
17 of Game are responsible for the management of fish and game resources and the                                           
18 public use of fish and wildlife in the Jonesville Public Use Area consistent with the                                   
19       purposes of AS 41.23.280.                                                                                         
20 (d)  The Jonesville Public Use Area may not be managed as a unit of the state                                           
21       park system.                                                                                                      
22 (e)  The commissioner shall identify wetland areas within the Jonesville Public                                         
23 Use Area and provide for the protection and use of the wetland areas in the                                             
24       management plan.                                                                                                  
25 (f)  The state may not acquire by eminent domain privately owned land within                                            
26 the boundaries described in AS 41.23.286 but may acquire privately owned land                                           
27 located within the boundaries described in AS 41.23.286 by purchase, exchange, or                                       
28       otherwise for inclusion in the Jonesville Public Use Area.                                                        
29 Sec. 41.23.284. Incompatible uses. (a) Except as provided in this section, the                                        
30 commissioner may prohibit or restrict uses determined to be incompatible with the                                       
31 purposes of the Jonesville Public Use Area under AS 41.23.280 within the state-                                         
01       owned land and water described in AS 41.23.286.                                                                   
02 (b)  Nothing in AS 41.23.280 - 41.23.289 prohibits the Department of Fish and                                           
03 Game from engaging in rehabilitation, enhancement, and development of fish and                                          
04 wildlife habitat within an area described in AS 41.23.286 that is consistent with the                                   
05       purposes stated in AS 41.21.280.                                                                                  
06            (c)  The commissioner may not restrict                                                                       
07                 (1)  lawful fishing, hunting, or trapping rights allowed under a                                        
08       regulation of the Board of Fisheries or the Board of Game within the Jonesville Public                            
09       Use Area; or                                                                                                      
10 (2)  the use of weapons, including firearms, in the Jonesville Public Use                                               
11 Area, except in locations where the commissioner determines that the use of weapons                                     
12       constitutes a threat to public safety.                                                                            
13            (d)  The commissioner shall                                                                                  
14                 (1)  allow the Jonesville Public Use Area to be used for activities that                                
15 (A)  are compatible with the reasons for establishing the public                                                        
16            use area in AS 41.23.280; and                                                                                
17 (B)  include all-terrain vehicles, aircraft, watercraft,                                                                
18 snowmachining, horseback riding, hiking, bicycling, dog sledding, cross-                                                
19 country skiing, skijoring, camping, hunting, fishing, trapping, wildlife viewing,                                       
20 photography, and, where permitted, rifle and pistol ranges,  parking of                                                 
21            vehicles, and mineral exploration and mining; and                                                            
22 (2)  recognize the existing off-road motor vehicle trails and the access                                                
23 those trails provide within the Jonesville Public Use Area, make accommodations that                                    
24 will provide the shortest possible route to avoid critical habitat, conduct trail                                       
25 rehabilitation in a way that minimizes damage, maintain and enhance off-road motor                                      
26 vehicle options and opportunities in the Jonesville Public Use Area, and provide for                                    
27       responsible use of the public use area.                                                                           
28 (e)  The commissioner of public safety and the commissioner of fish and game                                            
29 shall have necessary access to the Jonesville Public Use Area for fish and game                                         
30       management, research, and enforcement purposes.                                                                   
31 (f)  If the commissioner determines that a use is incompatible with one or more                                         
01       other uses in a portion of the Jonesville Public Use Area, the commissioner shall state                           
02       in the management plan adopted or revised under AS 41.23.282                                                      
03                 (1)  each determination of incompatibility;                                                             
04                 (2)  the specific area where the incompatibility is determined to exist;                                
05                 (3)  the time within which the incompatibility is determined to exist;                                  
06       and                                                                                                               
07                 (4)  the reasons for the determination of incompatibility.                                              
08            Sec. 41.23.286. Jonesville Public Use Area. Subject to valid existing rights,                              
09       the vacant and unappropriated state-owned land and water and the state land and water                             
10 acquired in the future that lie within the following boundaries described in this section                               
11 are designated as the Jonesville Public Use Area, are reserved for all uses compatible                                  
12 with their primary function as public use land, and are assigned to the department for                                  
13       control and management:                                                                                           
14                 (1)  Township 19 North, Range 2 East, Seward Meridian                                                   
15                      Section 1: That portion easterly of Moose Creek                                                    
16                      Section 12: That portion of N1/2, N1/2SW1/4, and N1/2SE1/4                                         
17                 easterly of Moose Creek                                                                                 
18                      Section 13: NE1/4, SE1/4NW1/4, and S1/2                                                            
19                      Section 24: All;                                                                                   
20                 (2)  Township 19 North, Range 3 East, Seward Meridian                                                   
21 Section 2: All                                                                                                          
22 Section 3: All                                                                                                          
23 Section 4: All                                                                                                          
24 Section 5: All                                                                                                          
25 Section 6: All                                                                                                          
26 Section 7: All                                                                                                          
27 Section 8: All                                                                                                          
28 Section 10: All                                                                                                         
29 Section 11: All                                                                                                         
30                      Section 14: NE1/4                                                                                  
31                      Section 15: N1/2NE1/4 and the North 960 feet of the East 1,815                                     
01                 feet of the NW1/4 for each Record of Survey filed as 86-85RS P.R.D.                                     
02 Section 16: All                                                                                                         
03 Section 17: All                                                                                                         
04 Section 18: All                                                                                                         
05                      Section 19: NE1/4, E1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4,                                              
06                 and Government Lots 1, 2, and 4                                                                         
07                      Section 20: N1/2NE1/4, N1/2NW1/4, and SW1/4NW1/4                                                   
08                      Section 21: All;                                                                                   
09                 (3)  Township 20 North, Range 2 East, Seward Meridian                                                   
10                      Section 36: That portion easterly of Moose Creek;                                                  
11                 (4)  Township 20 North, Range 3 East, Seward Meridian                                                   
12 Section 31: All                                                                                                         
13 Section 32: All                                                                                                         
14 Section 33: All                                                                                                         
15 Section 34: All                                                                                                         
16 Section 35: All.                                                                                                        
17 Sec. 41.23.288. Enforcement authority. (a) In the Jonesville Public Use Area                                          
18 described in AS 41.23.286, the following persons are peace officers of the state for the                                
19 purpose of enforcing the provisions of AS 41.23.280 - 41.23.289 and regulations                                         
20       adopted under AS 41.23.280 - 41.23.289:                                                                         
21 (1) an employee of the department or another person authorized by the                                                   
22       commissioner;                                                                                                     
23                 (2) a peace officer, as that term is defined in AS 01.10.060.                                           
24 (b) A person designated in (a) of this section may, when enforcing the                                                  
25 provisions of AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 -                                     
26       41.23.289,                                                                                                        
27 (1) execute a warrant or other process issued by an officer or court of                                                 
28       competent jurisdiction;                                                                                           
29                 (2) administer or take an oath, affirmation, or affidavit; and                                          
30 (3) issue a citation or arrest a person who violates a provision of                                                     
31       AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 - 41.23.289.                                  
01            (c) A citation issued under (b) of this section must comply with the provisions                              
02       of AS 12.25.175 - 12.25.230.                                                                                      
03 Sec. 41.23.289. Penalty. (a) Except for conduct that is a violation of                                                
04 AS 11.46.420, a person who violates a provision of AS 41.23.280 - 41.23.289 or a                                        
05 regulation adopted under AS 41.23.280 - 41.23.289 is guilty of a violation as defined                                   
06       in AS 11.81.900.                                                                                                
07            (b) Except for conduct that is a violation of AS 11.46.420, the supreme court                                
08       shall establish by order or rule a schedule of bail amounts for violations under (a) of                           
09       this section that allows the disposition of a citation without a court appearance.