00 CS FOR SENATE BILL NO. 35(RES) 01 "An Act restricting the Board of Fisheries, the Board of Game, the Department 02 of Fish and Game, and the Department of Natural Resources from enacting any 03 regulation that prohibits or restricts traditional access; relating to the means of 04 transportation used to provide access for the taking of game; relating to 05 management of state land, water, and land and water as part of a state park, 06 recreational or special management area, or preserve; relating to reports to the 07 legislature concerning prohibitions or restrictions of traditional means of access for 08 traditional recreational uses within a park, recreational or special management 09 area, or preserve; requiring legislative approval before park land may be closed 10 or have access restricted; relating to Chilkat State Park." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 16.05.050 is amended by adding a new subsection to read: 13  (b) Notwithstanding any other provision of law, the commissioner may not 14 adopt a regulation that prohibits or restricts traditional access to land, water, or land 01 and water. If the commissioner finds a compelling reason to prohibit or restrict 02 traditional access to land, water, or land and water, the commissioner shall forward 03 that finding to the governor for submission to the legislature under the procedure 04 provided in AS 24.08.060 for the introduction of bills by the governor. 05 * Sec. 2. AS 16.05.251 is amended by adding a new subsection to read: 06  (i) Notwithstanding any other provision of law, the Board of Fisheries may not 07 adopt a regulation that prohibits or restricts traditional access to land, water, or land 08 and water. If the board finds a compelling reason to prohibit or restrict traditional 09 access to land, water, or land and water, the board shall forward that finding to the 10 governor for submission to the legislature under the procedure provided in 11 AS 24.08.060 for the introduction of bills by the governor. 12 * Sec. 3. AS 16.05.255(a) is amended to read: 13  (a) The Board of Game may adopt regulations it considers advisable in 14 accordance with AS 44.62 (Administrative Procedure Act) for 15  (1) setting apart game reserve areas, refuges, and sanctuaries in the 16 water or on the land of the state over which it has jurisdiction, subject to the approval 17 of the legislature; 18  (2) establishing open and closed seasons and areas for the taking of 19 game; 20  (3) establishing the means and methods employed in the pursuit, 21 capture, taking, and transport of game, including regulations, consistent with resource 22 conservation and development goals, establishing means and methods that may be 23 employed by persons with physical disabilities; however, the board may not prohibit 24 or restrict access into an area by a means of transportation that has historically 25 been used in that area unless the board finds, based on clear and convincing 26 evidence, that the means of transportation has resulted in significant biological 27 harm to the game population for which the means of transportation is being used; 28  (4) setting quotas, bag limits, harvest levels, and sex, age, and size 29 limitations on the taking of game; 30  (5) classifying game as game birds, song birds, big game animals, fur 31 bearing animals, predators, or other categories; 01  (6) methods, means, and harvest levels necessary to control predation 02 and competition among game in the state; 03  (7) watershed and habitat improvement, and management, conservation, 04 protection, use, disposal, propagation, and stocking of game; 05  (8) prohibiting the live capture, possession, transport, or release of 06 native or exotic game or their eggs; 07  (9) establishing the times and dates during which the issuance of game 08 licenses, permits, and registrations and the transfer of permits and registrations between 09 registration areas and game management units or subunits is allowed; 10  (10) regulating sport hunting and subsistence hunting as needed for the 11 conservation, development, and utilization of game; 12  (11) taking game to ensure public safety. 13 * Sec. 4. AS 16.05.255 is amended by adding a new subsection to read: 14  (h) Notwithstanding any other provision of law, the Board of Game may not 15 adopt a regulation that prohibits or restricts traditional access to land, water, or land 16 and water. If the board finds a compelling reason to prohibit or restrict traditional 17 access to land, water, or land and water, the board shall forward that finding to the 18 governor for submission to the legislature under the procedure provided in 19 AS 24.08.060 for the introduction of bills by the governor. 20 * Sec. 5. AS 38.95 is amended by adding a new section to read: 21 Article 7. Restriction on Authority of the Department of Natural Resources 22 to Adopt Regulations That Restrict Traditional Access. 23  Sec. 38.95.300. Restriction on regulations that restrict traditional access. 24 Except as provided in AS 41.21.020(e) and notwithstanding another provision of law, 25 the Department of Natural Resources may not adopt a regulation that prohibits or 26 restricts traditional access to state land, water, or land and water. If the department 27 finds a compelling reason to prohibit or restrict traditional access to state land, water, 28 or land and water, the department shall forward that finding to the governor for 29 submission to the legislature under the procedure provided in AS 24.08.060 for the 30 introduction of bills by the governor. 31 * Sec. 6. AS 41.21.020(a) is amended to read: 01  (a) The department shall 02  (1) develop a continuing plan for the conservation and maximum use 03 in the public interest of the scenic, historic, archaeologic, scientific, biological, and 04 recreational resources of the state; 05  (2) plan for and develop a system of state parks and recreational 06 facilities, to be established as the legislature authorizes and directs; 07  (3) acquire by gift, purchase, or transfer from state or federal agencies, 08 or from individuals, corporations, partnerships, or associations, land necessary, suitable, 09 and proper for roadside, picnic, recreational, or park purposes; 10  (4) develop, manage, and maintain state parks and recreational areas; 11  (5) provide for the acquisition, care, management, supervision, 12 improvement, development, extension, and maintenance of public recreational land, and 13 make necessary arrangements, contracts, or commitments for the improvement and 14 development of land acquired under AS 41.21.010 - 41.21.040; contracting for 15 improvement and development under this paragraph is governed by AS 36.30 (State 16 Procurement Code); 17  (6) adopt, in accordance with this section and AS 44.62 (Administrative 18 Procedure Act), regulations governing the use and designating incompatible uses within 19 the boundaries of state park and recreational areas to protect the property and to 20 preserve the peace; 21  (7) cooperate with the United States and its agencies and local 22 subdivisions of the state to secure the effective supervision, improvement, 23 development, extension, and maintenance of state parks, state monuments, state 24 historical areas, and state recreational areas [,] and secure agreements or contracts for 25 the purpose of AS 41.21.010 - 41.21.040; 26  (8) encourage the organization of state public park and recreational 27 activities in the local political subdivisions of the state; 28  (9) provide for consulting service designed to develop local park and 29 recreation facilities and programs; 30  (10) provide clearinghouse services for other state agencies concerned 31 with park and recreation matters; 01  (11) perform other duties as are prescribed by executive order or by 02 law; 03  (12) maintain memorials to Alaska veterans located in state parks; 04 [AND] 05  (13) adopt, in accordance with AS 44.62 (Administrative Procedure 06 Act), regulations governing the use of the Chena River State Recreation Area and 07 designating incompatible uses within the boundaries of the Chena River State 08 Recreation Area in accordance with AS 41.21.490; and 09  (14) annually, by the first day of each regular session of the 10 legislature, submit a report to the legislature on each designation of an 11 incompatible use under this chapter, or other action, that prohibits or restricts a 12 traditional means of access across a park, area, or preserve established under this 13 chapter for a traditional recreational activity on or within the park, area, or 14 preserve; for each prohibition or restriction, the report must state reasons for the 15 designation of incompatibility or prohibition or restriction of a traditional means 16 of access, the specific area of the prohibition or restriction, and the time period 17 during which the incompatibility or prohibition or restriction is expected to exist; 18 in this paragraph, 19  (A) "traditional means of access" means those types of 20 transportation on, to, or in the state land, water, or land and water, for 21 which a popular pattern of use has developed; the term includes general 22 or commercial aviation, ballooning, motorized and nonmotorized boating, 23 snowmachining, operation of all-terrain vehicles, mushing, use of pack 24 animals, skiing, snowshoeing, and walking; 25  (B) "traditional recreational activity" means those personal 26 or commercial types of activities that people may use for sport, exercise, 27 subsistence, or personal enjoyment, including hunting, fishing, trapping, or 28 gathering, and that have historically been conducted as part of an 29 individual, family, or community life pattern on or in the state land, water, 30 or land and water. 31 * Sec. 7. AS 41.21.020 is amended by adding new subsections to read: 01  (d) Notwithstanding (a)(3) of this section, the department may not manage as 02 part of a park, area, or preserve established under AS 41.21.110 - 41.21.630, land, 03 water, or land and water that is not within the boundaries, as designated by the 04 legislature, of the park, area, or preserve. 05  (e) Except as otherwise specifically provided in this chapter, the department 06 may not close or restrict traditional access to land, water, or land and water, managed 07 under this chapter unless the closure or restriction (1) is limited to a period of not 08 more than 90 days in a calendar year, or (2) is submitted to the legislature for approval 09 at the next regular session of the legislature. If the legislature fails to approve a 10 closure or restriction under this subsection by the last day of that regular session, the 11 closure or restriction ends and cannot be enforced after the last day of that regular 12 session. 13 * Sec. 8. AS 41.21.111 is amended to read: 14  Sec. 41.21.111. Authority to designate Chilkat State Park. The governor 15 may designate by proclamation the state-owned land and water and all that acquired 16 in the future by the state, lying within the parcels described in this section, as the 17 Chilkat State Park. The proclamation may include the entire area or portions of the 18 area at different times, shall reserve the areas included from all uses incompatible with 19 their primary function as public recreation land and water, and shall assign them to the 20 department for control, development, and maintenance. Land covered by AS 41.21.110 21 - 41.21.113 has a total acreage of 6,056.30 [6,045.45] acres, including approximately 22 610 acres of federal land, and is described as follows: 23  (1) Township 31 South, Range 60 East, Copper River Meridian U.S.S. 24 1599: the portions of Sections 6-8 known as Battery Point Light House Reserve; 25  (2) Township 31 South, Range 59 East, Copper River Meridian Section 26 1, excluding the portions of Lots 2 and 3 within the Chilkoot Inlet Alaska Subdivision 27 Section 12: NW1/4, NE1/4, SE1/4 Township 31 South, Range 60 East, Copper River 28 Meridian Section 6: Lots 1-3 Section 7: Lots 1-7 Section 8: Lot 1 Sections 17 and 18 29 Section 19: NE1/4NW1/4, N1/2NE1/4; 30  (3) Township 31 South, Range 60 East, Copper River Meridian Section 31 30: Lots 8 and 9 Section 31 Section 32: SW1/4, W1/2NW1/4SE1/4, 01 W1/2SE1/4NW1/4SE1/4, Lots 9-16 including W1/2SW1/4SE1/4SE1/4; 02  (4) Township 32 South, Range 60 East, Copper River Meridian Section 03 5: W1/2, W1/2SE1/4 Sections 6-9, 15-17, 21 and 22, excluding Tongass National 04 Forest; and 05  (5) the following particularly described parcels: 06  (A) approximately 6.49 acres in U.S. Survey 1243, Haines 07 Recording District, described as: begin on the South line of said survey 08 South 88 degrees 31 minutes 45 seconds East 1950.84 feet from Southwest 09 corner (corner 4 M.C.) of said survey, said point being the Southeast 10 corner of the tract in said survey excepted in the decree in Case No. 68-328 11 of the Superior Court at Juneau, in which the distance is recited as being 12 29.55 chains (1950.30 feet), run thence North 01 degree 12 minutes 00 13 seconds East, on the East line of said excepted tract, 1028.77 feet, recited 14 as 15.59 chains (1028.94 feet) in said decree, to the Northeast corner of 15 said excepted tract; thence North 88 degrees 31 minutes 45 seconds West 16 24.38 feet; thence North 01 degree 27 minutes 45 seconds East 1.85 feet; 17 thence on a 126.92 foot radius curve to the left through a central angle of 18 72 degrees 04 minutes 30 seconds a distance of 159.57 feet, the chord of 19 which bears North 34 degrees 34 minutes 30 seconds West 149.27 feet; 20 thence North 70 degrees 25 minutes 15 seconds West 119.52 feet; thence 21 on a 208.11 foot radius curve to the right through a central angle of 62 22 degrees 04 minutes 00 seconds a distance of 225.48 feet, the chord of which 23 bears North 39 degrees 23 minutes 15 seconds West 214.61 feet to the 24 South line of "Mud Bay Road"; thence North 86 degrees 46 minutes 30 25 seconds East, on said line of "Mud Bay Road," 230.54 feet; thence South 26 70 degrees 25 minutes 15 seconds East 90.95 feet; thence on a 326.92 foot 27 radius curve to the right through a central angle of 71 degrees 57 minutes 28 00 seconds a distance of 410.55 feet, the chord of which bears South 34 29 degrees 30 minutes 45 seconds 384.10 feet; thence South 01 degree 27 30 minutes 45 seconds West 1030.62 feet to the South line of said survey; 31 thence North 88 degrees 31 minutes 45 seconds West 175.38 feet to the 01 point of beginning; 02  (B) approximately .92 acres in Tract "D," C. McRae 03 Subdivision according to Plat 77 - 12, Haines Recording District, described 04 as: begin at the Southwest corner of said Tract "D" which is also the 05 Southwest corner of the North one-half of the Southwest one-quarter of the 06 Northwest one-quarter of Section 32, Township 31 South, Range 60 East 07 of the Copper River Meridian, which bears North 01 degree 26 minutes 00 08 seconds West (Alaska State Plane Grid Bearings) 660.00 feet from the one- 09 quarter corner on the West line of said section and South 01 degree 26 minutes 00 10 seconds East 660.00 feet from the North one-sixteenth corner on the West line of said 11 section, run thence North 01 degree 26 minutes 00 seconds East, on the West line of said 12 section, 347.81 feet to the Northeasterly line of Chilkat State Park Roadway; thence 13 South 32 degrees 56 minutes 15 seconds East 70.04 feet to a point of curve; thence 14 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 15 feet) through an arc of 03 degrees 23 minutes 12 seconds (344.58 feet), the cord of which 16 bears South 31 degrees 14 minutes 45 seconds East 344.53 feet, to the South line of said 17 tract and the South line of the North one-half of the Southwest one-quarter of the 18 Northwest one-quarter of said section; thence North 88 degrees 34 minutes 00 seconds 19 West 225.56 feet to the point of beginning; 20  (C) approximately 3.44 acres in Tract "E," C. McRae 21 Subdivision according to Plat 77 - 12, Haines Recording District, described 22 as: begin at the Northwest corner of said tract which is also the one-sixty- 23 fourth corner on the West line of said section which bears North 01 degree 26 minutes 24 00 seconds East (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter 25 corner on the West line of Section 32, Township 31 South, Range 60 East of the Copper 26 River Meridian and South 01 degree 26 minutes 00 seconds West 660.00 feet from the 27 North one-sixteenth corner of said section, run thence South 88 degrees 34 minutes 00 28 seconds East, on the North line of said tract which is also the South line of the North 29 one-half of the Southwest one-quarter of the Northwest one-quarter of said section, 30 225.56 feet to a point on the Easterly line of Chilkat State Park Roadway; thence 31 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 01 feet) through an arc of 01 degree 46 minutes 48 seconds (181.10 feet), the chord of which 02 bears South 28 degrees 39 minutes 39 seconds East 181.10 feet, to a point of tangency; 03 thence South 27 degrees 46 minutes 15 seconds East 268.21 feet to a point of curve; 04 thence on a 14 degrees 16 minutes 06 seconds curve to the right (Radius = 401.56) 05 through an arc of 40 degrees 06 minutes 37 seconds (281.12 feet), the chord of which 06 bears South 07 degrees 43 minutes 00 seconds East 275.41 feet to the South line of said 07 tract which is also the South line of the Southwest one-quarter of the Northwest one-quarter of said section; 08 thence North 88 degrees 15 minutes 00 seconds West, on said 09 South line, to the Westerly line of Chilkat State Park Roadway; thence Northerly on a 10 28 degrees 25 minutes 34 seconds curve to the left (Radius = 201.56 feet) through an arc 11 of 50 degrees 59 minutes 51 seconds (179.40 feet), the chord of which bears North 02 12 degrees 15 minutes 15 seconds West 173.54 feet to a point of tangency; thence North 27 13 degrees 46 minutes 15 seconds West 268.21 feet to a point of curve; thence on a 01 14 degree 01 minute 04 seconds curve to the left (Radius = 5,629.65 feet) through an arc of 15 02 degrees 50 minutes 00 seconds (278.39 feet), the chord of which bears North 29 16 degrees 11 minutes 15 seconds West 278.37 feet to the West line of said section; thence 17 North 01 degree 26 minutes 00 seconds East 14.72 feet to the point of beginning.