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.