00 SENATE BILL NO. 39 01 "An Act relating to management of fish and game in and on the navigable waters and 02 submerged lands in Alaska." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 FINDINGS. (a) The legislature finds that 07 (1) sustained yield management of fish and game in accordance with the 08 mandate of the Constitution of the State of Alaska assures the maintenance of healthy 09 populations of fish and game and provides the opportunity for a wide range of uses of the fish 10 and game resource; 11 (2) the State of Alaska has demonstrated the competence of state managers in 12 assuring healthy, viable populations of fish and game in and on the navigable waters and 13 submerged lands of the state, and the State of Alaska desires to continue to do so. 14 (b) The legislature further finds that 01 (1) the State of Alaska is the only entity responsible for and capable of 02 assuring the sustained yield management of fish and game throughout the entire state, 03 including the navigable waters and submerged lands; 04 (2) the multitude of federal entities that have authority to provide for the 05 management of fish and game in Alaska have jurisdiction over only a patchwork of lands and 06 waters in Alaska and operate under a variety of legal mandates regarding fish and game; 07 (3) only the State of Alaska bears the public trust responsibility of providing a 08 single, comprehensive scheme of sustained yield management of fish and game to compensate 09 for diverse management objectives pursued by the many federal agencies; 10 (4) the State of Alaska has consistently demonstrated a greater sensitivity than 11 the federal agencies to sound conservation principles, which, for example, resulted in a 12 dramatic recovery of Alaska's fisheries following statehood in 1959 after a lengthy period of 13 misguided federal management; 14 (5) the State of Alaska is committed to continuing its public trust 15 responsibility for fish and game in and on the navigable waters and submerged lands of the 16 state. 17 * Sec. 2. AS 16.20.010(a) is amended to read: 18 (a) The legislature recognizes that 19 (1) the state has jurisdiction over all fish and game in the state except 20 in those areas where it has assented to federal control; 21 (2) the state has not assented to federal control of fish and game [IN] 22 (A) in those areas that were set apart as National Bird and 23 Wildlife Refuges while the state was a United States territory; [AND] 24 (B) in Glacier Bay National Park and Preserve or the navigable 25 waters within or adjoining the park and preserve; 26 (C) in and on the navigable waters and submerged lands in 27 the state; 28 (3) special recognition of the value to the state and the nation of areas 29 of unspoiled habitat and the game characteristic to it will be demonstrated by 30 designating as state game refuges those federal lands that were National Bird and 31 Wildlife Refuges or Ranges at the time that Alaska achieved statehood. 01 * Sec. 3. AS 16.20.010 is amended by adding a new subsection to read: 02 (c) In recognition of the fact that the state has not assented to federal control 03 of fish and game in or on the navigable waters and submerged lands in the state, that 04 the power to control the management of fish and game within the boundaries of the 05 state is an incident of state sovereignty, and that the federal government cannot 06 commandeer the lawmaking processes of the states to compel the state to enact and 07 enforce a federal regulatory program, an agency, employee, or agent of the state may 08 not expend funds to adopt or enforce the implementation of a federal regulatory 09 program, or a part of a program, for control of fish and game in or on the navigable 10 waters and submerged lands in the state that is in conflict with a state statute or 11 regulation regarding management of fish or game. This subsection does not prohibit 12 an agency, employee, or agent of the state from 13 (1) taking action necessary to protect life or property; 14 (2) commenting on proposed federal statutes or regulations; 15 (3) participating in or cooperating with a federal program established 16 under 16 U.S.C. 703 - 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 - 773k 17 (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h (Marine Mammal 18 Protection Act); or 16 U.S.C. 1531 - 1544 (Endangered Species Act); 16 U.S.C. 1801 - 19 1883 (Magnuson-Stevens Fishery Conservation and Management Act); or 16 U.S.C. 20 3631 - 3644 (Pacific Salmon Treaty Act of 1985); or 21 (4) participating in or cooperating with a joint state-federal program 22 relating to the identification of navigable waters in the state.