00 SENATE BILL NO. 91                                                                                                    
01 "An Act relating to enforcement of subsistence hunting and fishing laws; and                                            
02 repealing the authority of the commissioner of fish and game to assist in the                                           
03 enforcement of federal laws and regulations pertaining to fish and game."                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 18.65 is amended by adding a new section to read:                                                 
06 Article 11.  Miscellaneous Provisions.                                                                                
07  Sec. 18.65.950.  Enforcement of subsistence hunting and fishing laws.  (a)                                          
08 Notwithstanding AS 18.65.090, the Department of Public Safety may not enforce, or                                       
09 directly assist the enforcement of, a federal statute or regulation governing eligibility                               
10 to engage in subsistence hunting or fishing in the state if the statute could not be                                    
11 enacted by the state or the regulation could not be adopted by a state department or                                    
12 agency because the statute or regulation violates either the Constitution of the State of                               
13 Alaska or the Constitution of the United States.                                                                        
14  (b)  An employee or law enforcement agent of a state department other than                                            
01 the Department of Public Safety or of a state agency or a police officer employed by                                    
02 a municipality may not enforce, or directly assist the enforcement of, a federal statute                                
03 or regulation governing eligibility to engage in subsistence hunting or fishing in the                                  
04 state if the statute could not be enacted by the state or the regulation could not be                                   
05 adopted by a state department or agency because the statute or regulation violates                                      
06 either the Constitution of the State of Alaska or the Constitution of the United States.                                
07  (c)  A person, including an employee or law enforcement agent of a federal                                            
08 department or agency may not enforce, or directly assist the enforcement of, a federal                                  
09 statute or regulation governing eligibility to engage in subsistence hunting or fishing                                 
10 in the state if the statute could not be enacted by the state or the regulation could not                               
11 be adopted by a state department or agency because the statute or regulation violates                                   
12 either the Constitution of the State of Alaska or the Constitution of the United States.                                
13    * Sec. 2.  AS 16.05.050(a)(1) is repealed.