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;
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
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 -
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.