00 SENATE CS FOR CS FOR HOUSE BILL NO. 447(FIN) 01 "An Act establishing the Afognak Island State Park." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21 is amended by adding new sections to read: 04  Sec. 41.21.185. PURPOSE OF AS 41.21.185 - 41.21.189. (a) The purpose 05 of AS 41.21.185 - 41.21.189 is to establish, subject to valid existing rights including 06 those rights created by the Afognak Island Road Use Agreement executed on July 24, 07 1991, and as amended from time to time, the state-owned or acquired land and water 08 described in AS 41.21.186 as the Afognak Island State Park. The primary purposes 09 of establishing the Afognak Island State Park are to protect the area's recreational and 10 scenic resources; to protect the area's fish and wildlife habitat; to preserve and enhance 11 the continued use of the area for sport and subsistence hunting and fishing, personal 12 use fishing, trapping, recreational activities, and commercial fishing; and to restore and 13 enhance resources and services injured by the Exxon Valdez oil spill. 14  (b) Under the provisions of AS 38.05.300, state land, water, or land and water 01 containing more than 640 acres may be closed to multiple purpose use only by act of 02 the legislature. Because the area described in AS 41.21.186 exceeds 640 acres, 03 AS 41.21.185 - 41.21.189 are intended to close the described land and water to 04 multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a 05 special purpose site in accordance with art. VIII, sec. 7, Constitution of the State of 06 Alaska. 07  (c) The legislature recognizes the rights of the owners of the private land that 08 adjoins the Afognak Island State Park established in AS 41.21.185 - 41.21.189. The 09 status of the land as a park will not impair the uses to which private land that adjoins 10 the park may be put in the future. 11  Sec. 41.21.186. AFOGNAK ISLAND STATE PARK ESTABLISHED. The 12 upland, shoreland, tideland, land underlying tidally influenced inland water, and water 13 overlying this land, including both the surface and subsurface estate, owned or 14 acquired by the state within the following described parcels are established as the 15 Afognak Island State Park: 16  (1) Township 21 South, Range 16 West, Seward Meridian according 17 to the United States of America, Department of the Interior, Bureau of Land 18 Management plat accepted December 6, 1989, and filed December 22, 1989 19 Section 19: Lots 1 - 3 20 Sections 30 - 31: (fractional) all; 21  (2) Township 22 South, Range 16 West, Seward Meridian according 22 to the United States of America, Department of the Interior, Bureau of Land 23 Management plat accepted December 6, 1989, and filed December 22, 1989 24 Section 6: (fractional) all 25 Section 7: Lots 1 - 2 26 Sections 18 - 19: (fractional) all 27 Section 31: (fractional) all; 28  (3) Township 20 South, Range 17 West, Seward Meridian according 29 to the United States of America, Department of the Interior, Bureau of Land 30 Management plat accepted December 6, 1989, and filed December 22, 1989 31  Section 32: (fractional) all; 01  (4) Township 21 South, Range 17 West, Seward Meridian according 02 to the United States of America, Department of the Interior, Bureau of Land 03 Management plat accepted December 6, 1989, and filed December 22, 1989 04  Sections 6 - 8: (fractional) all 05  Section 13: (fractional) all 06 Section 17: (fractional) all 07  Section 18: all 08  Sections 19 - 20: (fractional) all 09  Sections 23 - 24: (fractional) all 10  Section 25: all 11  Section 26: (fractional) all 12  Sections 29 - 31: (fractional) all 13  Sections 33 - 35: (fractional) all 14  Section 36: all; 15  (5) Township 22 South, Range 17 West, Seward Meridian according 16 to the United States of America, Department of the Interior, Bureau of Land 17 Management plat accepted December 6, 1989, and filed December 22, 1989 18  Section 1: all 19  Sections 2 - 5: (fractional) all 20  Sections 8 - 9: (fractional) all 21  Section 11: all 22  Section 12: (fractional) all 23  Sections 13 - 14: all 24  Section 17: (fractional) all 25  Sections 19 - 20: (fractional) all 26  Section 23: all 27  Sections 24 - 25: (fractional) all 28  Sections 26 - 29: all 29  Sections 30 - 31: (fractional) all 30  Sections 32 - 35: all 31  Section 36: (fractional) all; 01  (6) All of Township 23 South, Range 17 West, Seward Meridian 02 according to the United States of America, Department of the Interior, Bureau of Land 03 Management plat accepted December 6, 1989, and filed December 22, 1989; and the 04 supplemental plat for Section 3 accepted April 11, 1990, and filed April 19, 1990, and 05 the supplemental plat for Section 19 accepted November 9, 1990, and filed 06 November 23, 1990; 07  (7) Township 21 South, Range 18 West, Seward Meridian according 08 to the United States of America, Department of the Interior, Bureau of Land 09 Management plat accepted December 6, 1989, and filed December 22, 1989 10  Section 1: Lots 1 - 3 11  Sections 11 - 12: (fractional) all 12  Section 13: all 13  Section 14: (fractional) all 14  Section 15: Lots 1 and 2 15  Section 16: Lots 1 and 2 16  Section 17: Lot 1, excepting the property described as follows: 17 Commencing at the monument set for the northwest corner of Section 6, 18 Township 21, South, Range 18 West, Seward Meridian, proceed South a 19 distance of 10,560 feet along the westerly boundaries of Sections 6 and 7; 20 thence proceed East along the section line common to sections 7 and 18 a 21 distance of 4999 feet, more or less, to the protracted section corner common 22 to sections 7, 8, 17, and 18, said corner being the True Point of Beginning; 23 thence continuing East a distance of 1320 feet along the north boundary of 24 Lot 1 of section 17; thence South a distance of 2640 feet; thence West a 25 distance of 1320 feet, more or less, to the westerly boundary of Lot 1 of 26 section 17; thence North a distance of 2640 feet, more or less, along the 27 westerly boundary of said Lot 1 of section 17 to the True Point of Beginning; 28 The foregoing exception having an area of 80 acres, more or less 29  Section 17: Lot 2: all 30  Sections 20 - 22: (fractional) all 31  Sections 23 - 29: all 01  Sections 31 - 36: all; 02  (8) Township 22 South, Range 18 West, Seward Meridian according 03 to the United States of America, Department of the Interior, Bureau of Land 04 Management plat accepted December 6, 1989, and filed December 22, 1989 05  Section 36: Lot 2; 06  (9) Township 23 South, Range 18 West, Seward Meridian according 07 to the United States of America, Department of the Interior, Bureau of Land 08 Management plat accepted December 6, 1989, and filed December 22, 1989 09  Section 1: Lot 1 10  Section 12: Lot 1 11  Section 13: Lots 1, 2, and 3 12  Sections 24 - 25: (fractional) all; 13  (10) Township 21 South, Range 19 West, Seward Meridian according 14 to the United States of America, Department of the Interior, Bureau of Land 15 Management plat accepted December 6, 1989, and filed December 22, 1989 16  Sections 35 - 36: all 17  All of plat no. 93-40 within portions of Sections 26, 27, and 34, 18 as filed in the Kodiak Recording District October 19, 1993; 19  (11) All of Alaska Tideland Survey No. 1474. 20  Sec. 41.21.187. DESIGNATION OF MANAGEMENT RESPONSIBILITY. 21 (a) The state land and water described in AS 41.21.186 is assigned to the department 22 as a unit of the state park system for control, maintenance, and development consistent 23 with the purposes and provisions of AS 41.21.185 - 41.21.189. 24  (b) The Department of Fish and Game is responsible for the management of 25 fish and game resources in the Afognak Island State Park, consistent with the sustained 26 yield principle and the purposes and provisions of this chapter. The Board of 27 Fisheries, the Board of Game, and the commissioner of fish and game are responsible 28 for adopting regulations governing uses of fish and game in accordance with AS 16. 29 The fish and game habitat and breeding areas shall be managed to ensure that the fish 30 and game resources of the park and habitat are maintained or enhanced. 31  (c) The Department of Natural Resources shall consult with the Department 01 of Fish and Game before adoption of regulations governing public use of the Afognak 02 Island State Park. 03  (d) The Board of Fisheries, the Board of Game, and the commissioner of fish 04 and game shall consult with the Department of Natural Resources before adoption of 05 regulations governing fish and game use in the Afognak Island State Park. 06  (e) Regulations under this section shall be adopted under AS 44.62 07 (Administrative Procedure Act). 08  (f) The Department of Public Safety and the Department of Fish and Game 09 shall have necessary access to the Afognak Island State Park for fish and game 10 management, research, and enforcement purposes. 11  Sec. 41.21.188. INCOMPATIBLE USES. (a) The commissioner may 12 designate by regulation incompatible uses within the land and water of the Afognak 13 Island State Park. 14  (b) Lawful use of a weapon in the Afognak Island State Park shall be allowed 15 except in areas that may be closed for purposes of public safety by regulation by the 16 commissioner. 17  (c) The regulations governing public use of the Afognak Island State Park 18 must provide reasonable access for lawful sport and subsistence hunting and fishing, 19 personal use fishing, trapping, recreational uses, and commercial fishing. Except to 20 protect public safety, the commissioner may not restrict the exercise of sport or 21 subsistence hunting or fishing, personal use fishing, trapping, or commercial fishing 22 permitted under law or under a regulation of the Board of Fisheries or the Board of 23 Game within the Afognak Island State Park. 24  (d) The commissioner may not designate as an incompatible use a use 25 permitted by the Afognak Island Road Use Agreement executed on July 24, 1991, as 26 amended. 27  Sec. 41.21.189. ADDITIONS TO PARK. Land and water outside of the 28 boundaries established under AS 41.21.186 may be added to the Afognak Island State 29 Park only by an act of the legislature. The commissioner may not acquire land and 30 water within the boundaries of the Afognak Island State Park by eminent domain.