00 HOUSE CS FOR CS FOR SENATE BILL NO. 77(FIN) 01 "An Act relating to management of game populations, to the powers and duties 02 of the commissioner of fish and game, and to the division of game." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that providing for high 05 levels of harvest for human consumptive use in accordance with the sustained yield principle 06 is the highest and best use of identified big game prey populations in most areas of the state 07 and that those identified big game prey populations should be managed accordingly. 08 * Sec. 2. AS 16.05.020 is amended to read: 09  Sec. 16.05.020. FUNCTIONS OF COMMISSIONER. The commissioner shall 10  (1) supervise and control the department, and may appoint and employ 11 division heads, enforcement agents, and the technical, clerical, and other assistants 12 necessary for the general administration of the department; 13  (2) manage, protect, maintain, improve, and extend the fish, game and 14 aquatic plant resources of the state in the interest of the economy and general well- 01 being of the state; 02  (3) have necessary power to accomplish the foregoing including, but 03 not limited to, the power to delegate authority to subordinate officers and employees 04 of the department; 05  (4) cooperate with and assist the Board of Fisheries and the Board 06 of Game by implementing regulations as requested by either board. 07 * Sec. 3. AS 16.05.050 is amended by adding a new paragraph to read: 08  (20) to cooperate with and assist the Board of Fisheries and the Board 09 of Game by implementing regulations and management plans as requested by either 10 board. 11 * Sec. 4. AS 16.05.255(e) is amended to read: 12  (e) The Board of Game shall adopt regulations, consistent with the sustained 13 yield principle, to provide for intensive management programs to restore the 14 abundance or productivity of identified big game prey populations as necessary to 15 achieve human consumptive use goals of the board in an area where the board has 16 determined that 17  (1) consumptive use of the big game prey population is a preferred use; 18  (2) depletion of the big game prey population or reduction of the 19 productivity of the big game prey population has occurred and may result, or has 20 resulted, in a significant reduction in the allowable human harvest of the population; 21 and 22  (3) enhancement of abundance or productivity of the big game prey 23 population is feasibly achievable utilizing recognized and prudent active management 24 techniques. 25 * Sec. 5. AS 16.05.255(g)(2) is amended to read: 26  (2) "intensive management" means management, in accordance with 27 the sustained yield principle, of an identified big game prey population to enhance, 28 extend, and develop the population to maintain high levels or provide for higher levels 29 of human harvest, including control of predation and prescribed or planned use of fire 30 and other habitat improvement techniques, but not including restrictions on methods 31 or means of taking game, access to game, or human harvest of game. 01 * Sec. 6. AS 16.05.255(g) is amended by adding new paragraphs to read: 02  (3) "harvestable surplus" means the estimated number of animals that 03 is equal to the number of offspring born in a game population during the year less the 04 number of animals in the population that die during the year from all causes other than 05 predation or human harvest; 06  (4) "high level of human harvest" means the harvest of one-third or 07 more of the harvestable surplus of a game population by humans; 08  (5) "sustained yield" means the achievement and maintenance in 09 perpetuity of a high level of human harvest of game, other than mammalian predators, 10 on an annual or periodic basis. 11 * Sec. 7. AS 16.05.255 is amended by adding a new subsection to read: 12  (h) The board shall adopt goals to manage game populations for which human 13 use is an important use so as to provide at least one-half of the harvestable surplus for 14 human harvest. 15 * Sec. 8. AS 16.05.270 is amended to read: 16  Sec. 16.05.270. DELEGATION OF AUTHORITY TO COMMISSIONER.  (a) 17 For the purpose of administering AS 16.05.251 and 16.05.255, each board may 18 delegate authority to the commissioner to act in its behalf. 19  (b) If a board delegates authority to the commissioner, the commissioner 20 shall cooperate with and assist the board by implementing regulations, 21 management plans, and intensive management programs as requested by the 22 board. 23  (c) If there is a conflict between the board and the commissioner on proposed 24 regulations, public hearings shall be held concerning the issues in question. If, after 25 the public hearings, the board and the commissioner continue to disagree, the issue 26 shall be certified in writing by the board and the commissioner to the governor who 27 shall make a decision. The decision of the governor is final. 28 * Sec. 9. AS 16.05.050(1) is repealed.