00 SENATE BILL NO. 262 01 "An Act relating to regulation of hunting and trapping and to the definition of 02 'sustained yield.'" 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.255(a) is amended to read: 05  (a) The Board of Game may adopt regulations it considers  necessary  06 [ADVISABLE] in accordance with AS 44.62 (Administrative Procedure Act) for  the 07 biological management of game by  08  (1) setting apart game reserve areas, refuges, and sanctuaries in the 09 water or on the land of the state over which it has jurisdiction, subject to the approval 10 of the legislature; 11  (2) establishing 12   (A)  open and closed seasons  for the taking of game that are 13 biologically necessary for the management of the game being taken;  and 14   (B)  areas for the taking of game; 01  (3) establishing the means and methods employed in the pursuit, 02 capture, taking, and transport of game, including regulations, consistent with  sustained 03 yield  [RESOURCE CONSERVATION AND DEVELOPMENT GOALS], establishing 04 means and methods that may be employed by persons with physical disabilities; 05  (4) setting quotas, bag limits, harvest levels, and sex, age, and size 06 limitations on the taking of game; 07  (5) classifying game as game birds, song birds, big game animals, fur 08 bearing animals, predators, or other categories; 09  (6) methods, means, and harvest levels necessary to control predation 10 and competition among game in the state; 11  (7) watershed and habitat improvement, and management, conservation, 12 protection, use, disposal, propagation, and stocking of game; 13  (8) prohibiting the live capture, possession, transport, or release of 14 native or exotic game or their eggs; 15  (9) establishing the times and dates during which the issuance of game 16 licenses, permits, and registrations and the transfer of permits and registrations between 17 registration areas and game management units or subunits is allowed; 18  (10) regulating sport hunting and subsistence hunting as needed for the 19  biological  conservation, development, and utilization of game; 20  (11) taking game to ensure public safety. 21 * Sec. 2. AS 16.05 is amended by adding a new section to read: 22  Sec. 16.05.799. Regulation of hunting. (a) The Board of Game and the 23 department may not restrict a means of access to take or transport game if that means 24 of access is a traditional means of access to take or transport fish or game for 25 consumptive use. However, the board or department may restrict a traditional means 26 of access to take or transport game if the board or department 27  (1) finds in writing that 28  (A) the means of access has resulted in significant biological 29 harm to a game population in the area where the restriction is to apply; and 30  (B) the recovery of the stock or population is unlikely without 31 a restriction on that means of access to the area; and 01  (2) has implemented active management measures in the area to aid in 02 the recovery of the stock or population. 03  (b) The Board of Game or the department may not restrict the use of a method 04 or means to access, take, or transport game for the purpose of preferring or affecting 05 the quality of the outdoor experience of a person or group. 06  (c) In this section, "means of access" means a mode of transportation, 07 including aircraft, balloon, boat, air boat, snow vehicle, all-terrain vehicle, horse, dog 08 sled, ski, snowshoe, or foot. 09 * Sec. 3. AS 16.05.940 is amended by adding a new paragraph to read: 10  (37) "sustained yield" means the achievement and maintenance in 11 perpetuity of a high level of human harvest on an annual basis of game, other than 12 mammalian predators, and of fish. 13 * Sec. 4. 5 AAC 92.004(a)(4) is annulled.