00 SENATE BILL NO. 107                                                                                                     
01 "An Act relating to the wildlife conservation tag and to entry onto state game                                          
02 and wildlife sanctuaries, state game refuges, state range areas, and fish and game                                      
03 critical habitat areas; and providing for an effective date."                                                           
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  FINDINGS.  The legislature finds that                                                                  
06   (1)  the diversity of wildlife species in Alaska and the size of Alaska make                                          
07 wildlife management extremely expensive;                                                                                
08   (2)  the growth in Alaska's human population has placed pressure upon wildlife                                        
09 habitat and wildlife populations and has increased demand for use and appreciation of wildlife;                         
10   (3)  the Board of Game and other resource management agencies need current,                                           
11 accurate wildlife population and human use data for regulatory and planning purposes;                                   
12   (4)  the quality and extent of wildlife information provided by the Department                                        
13 of Fish and Game have a direct effect on the types and levels of human use of wildlife that                             
14 are allowed;                                                                                                            
01   (5)  the cause of wildlife conservation would benefit from money generated by                                         
02 a wildlife conservation tag to supplement, but not to supplant, money available for wildlife                            
03 conservation purposes from other sources;                                                                               
04   (6)  programs that benefit nongame species of wildlife, threatened and                                                
05 endangered species of wildlife, wildlife education, and wildlife viewing would be enhanced                              
06 by money generated by a wildlife conservation tag.                                                                      
07    * Sec. 2.  AS 16.05.350 is amended to read:                                                                          
08  Sec. 16.05.350.  EXPIRATION OF LICENSES AND TAGS.  Licenses and tags                                                  
09 required under AS 16.05.330  - 16.05.430, except biennial licenses, the nonresident                                     
10 special sport fishing license, the resident trapping license, and the waterfowl                                         
11 conservation tag, expire at the close of December 31 following issuance.  Biennial                                      
12 licenses expire after December 31 of the year following the year of issuance.  The                                      
13 resident trapping license expires at the close of September 30 of the year following the                                
14 year in which the license is issued.  The waterfowl conservation tag expires at the                                     
15 close of January 31 of the year following the year of issue of the tag.  The wildlife                                  
16 conservation tag provided under AS 16.05.828 expires at the close of December 31                                        
17 following issuance.                                                                                                    
18    * Sec. 3.  AS 16.05 is amended by adding a new section to read:                                                      
19  Sec. 16.05.828.  WILDLIFE CONSERVATION TAG PROGRAM.  (a)  In                                                          
20 order to provide support for the wildlife conservation activities of the department, there                              
21 is established the wildlife conservation tag program.                                                                   
22  (b)  The department shall provide a patch, emblem, decal, stamp, or other                                             
23 suitable item to serve as a wildlife conservation tag.  The wildlife conservation tag and                               
24 proof of purchase of a wildlife conservation tag shall be available through vendors of                                  
25 fish and game licenses.                                                                                                 
26  (c)  Notwithstanding AS 16.05.080, the commissioner shall establish the cost                                          
27 of a wildlife conservation tag by regulation.                                                                           
28  (d)  The proof of purchase of a wildlife conservation tag entitles the purchaser,                                     
29 after complying with other applicable statutes and regulations, to                                                      
30   (1)  apply, under terms established by the commissioner by regulation,                                               
31 for a permit to enter a state game or wildlife sanctuary or an area identified by the                                   
01 commissioner by regulation where a permit from the department is required for entry                                     
02 into the area; and                                                                                                      
03   (2)  enter a state game or wildlife sanctuary and, as identified by the                                              
04 commissioner by regulation, an area designated as a state game refuge, state range                                      
05 area, or fish and game critical habitat area where a permit from the department is not                                  
06 required for entry into the area.                                                                                       
07  (e)  The commissioner may designate by regulation those state game and                                                
08 wildlife sanctuaries, state game refuges, state range areas, and fish and game critical                                 
09 habitat areas where possession of a valid hunting, sport fishing, or trapping license                                   
10 may substitute during open hunting, sport fishing, or trapping seasons for a wildlife                                   
11 conservation tag.                                                                                                       
12  (f)  A wildlife conservation tag may not be required                                                                  
13   (1)  for access to or from private property within or adjoining a state                                              
14 game or wildlife sanctuary, state game refuge, state range area, or fish and game                                       
15 critical habitat area;                                                                                                  
16   (2)  to use a public easement or right-of-way across a state game or                                                 
17 wildlife sanctuary, state game refuge, state range area, or fish and game critical habitat                              
18 area.                                                                                                                   
19  (g)  The department may contract with a person to perform the responsibilities                                        
20 of the department under this section to provide a wildlife conservation tag.                                            
21 Contracting under this subsection is governed by AS 36.30 (State Procurement Code),                                     
22 except that a contract may include provisions for advance payment or reimbursement                                      
23 for services performed under the contract.                                                                              
24    * Sec. 4.  AS 16.20.094 is amended to read:                                                                          
25  Sec. 16.20.094.  AUTHORITY TO ADMINISTER.  Subject to                                                                
26 AS 16.05.828(d) - (f), the [THE] boards may adopt regulations governing entry,                                         
27 development, construction, hunting, fishing, and all other uses or activities not in                                    
28 conflict with AS 16.20.096 and 16.20.098 for the purpose of preserving the natural                                      
29 habitat and the fish and game of the Walrus Islands State Game Sanctuary.                                               
30    * Sec. 5.  AS 16.20.096 is amended by adding a new subsection to read:                                               
31  (b)  Except as provided under AS 16.05.828(e) and (f), a person may not enter                                         
01 the Walrus Islands State Game Sanctuary without having in the person's possession                                       
02 a proof of purchase of a wildlife conservation tag.                                                                     
03    * Sec. 6.  AS 16.20.150(c) is amended to read:                                                                       
04  (c)  Subject to AS 16.05.828(d) - (f), a [A] board may adopt regulations                                            
05 governing access, entry, development, construction, and each other use and activity                                     
06 affecting the natural habitat and the fish and wildlife within the Stan Price State                                     
07 Wildlife Sanctuary.                                                                                                     
08    * Sec. 7.  AS 16.20.150 is amended by adding a new subsection to read:                                               
09  (e)  Except as provided under AS 16.05.828(e) and (f), a person may not enter                                         
10 the Stan Price State Wildlife Sanctuary without having in the person's possession a                                     
11 proof of purchase of a wildlife conservation tag.                                                                       
12    * Sec. 8.  AS 16.20.162(e) is amended to read:                                                                       
13  (e)  Subject to AS 16.05.828(d) - (f), the [THE] boards may adopt regulations                                       
14 governing access, entry, development, construction, fishing, and other uses and                                         
15 activities affecting the natural habitat, fish and wildlife, and public use of the McNeil                               
16 River State Game Sanctuary.                                                                                             
17    * Sec. 9.  AS 16.20.162 is amended by adding a new subsection to read:                                               
18  (g)  Except as provided under AS 16.05.828(e) and (f), a person may not enter                                         
19 the McNeil River State Game Sanctuary without having in the person's possession a                                       
20 proof of purchase of a wildlife conservation tag.                                                                       
21    * Sec. 10.  AS 16.20.350(c) is amended to read:                                                                      
22  (c)  The Department of Natural Resources may, after consultation with the                                             
23 Department of Fish and Game, adopt regulations governing the public use of the area,                                   
24 except that the commissioner of fish and game may require possession of a                                               
25 wildlife conservation tag under AS 16.05.828 as a condition for access to the area.                                    
26 The regulations must include provisions for multiple use, as defined in AS 38.04.910,                                   
27 and for public multiple uses listed in AS 16.20.340.  Regulations adopted for the                                       
28 Matanuska Valley Moose Range do not apply to private land within the boundary                                           
29 described in AS 16.20.360.                                                                                              
30    * Sec. 11.  AS 16.20.625(e) is amended to read:                                                                      
31  (e)  The department shall permit uses of the Redoubt Bay Critical Habitat Area                                        
01 in a manner that is compatible with the purposes for which the critical habitat area is                                 
02 established.  Subject to AS 16.05.828(d) - (f), the [THE] department shall permit the                                 
03 following public uses to continue without further approval by the department unless                                     
04 the department determines that the use is not compatible with the purposes for which                                    
05 the Redoubt Bay Critical Habitat Area is established:                                                                   
06   (1)  hunting, including subsistence hunting, trapping, and subsistence,                                              
07 commercial, and sport fishing, including the continued use of cabins for the purpose                                    
08 of hunting, trapping, and fishing;                                                                                      
09   (2)  hiking, backpacking, and camping, including the use of campfires;                                               
10   (3)  cross-country skiing, snowmachining, boating, and the landing of                                                
11 aircraft; and                                                                                                           
12   (4)  other related uses that are temporary in duration and have no                                                   
13 foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and                               
14 their habitat.                                                                                                          
15    * Sec. 12.  This Act takes effect immediately under AS 01.10.070(c).