HB 494: "An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas; and amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure."
00HOUSE BILL NO. 494 01 "An Act relating to management of game populations for maximum sustained yield 02 for human harvest and providing for the replacement of areas closed to 03 consumptive uses of game; relating to management of fish and game areas; and 04 amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05 is amended by adding a new section to read: 07 Sec. 16.05.005. MANAGEMENT OF GAME. (a) Notwithstanding any other 08 law to the contrary, game populations shall be managed solely on a biological basis 09 for maximum sustained yield by human harvest. Consumptive use of game is the 10 highest and best use of game. This section does not apply on land designated as a 11 park or a state game sanctuary where consumptive use of game is prohibited. 12 (b) If the department, the Board of Game, or other agency of the state, closes 13 an area to the taking of a game species for consumptive use for subsistence or sport 14 uses, or closes an area to the taking of a game species for consumptive use by a
01 method, manner, or means that was permitted in the area before the closure, the Board 02 of Game at its next regularly scheduled meeting after the closure shall open a new area 03 or areas where the consumptive uses that were prohibited can occur and where healthy 04 populations of the affected game species are present. The new area or areas opened 05 by the board shall be at least five times larger than the area that was closed. This 06 subsection does not apply to a temporary closure based upon a biological emergency. 07 (c) A person may bring a civil action in a court of competent jurisdiction 08 against a state agency or a public official for an injunction to compel compliance with 09 this section or to compel remedial action to correct a violation of this section. A 10 public official is not immune from suit under this section. 11 (d) A person who brings an action to enforce this section and who prevails in 12 the action is entitled to recover the full, true, and actual costs of litigation, including 13 100 percent of actual attorney fees. 14 (e) In this section, 15 (1) "harvestable surplus" means the estimated number of animals that 16 is equal to the number of offspring born in a game population during a year less the 17 number of animals in the population that die during the year from all causes other than 18 predation or human harvest; 19 (2) "high level of human harvest" means the harvest of one-third or 20 more of the harvestable surplus of a game population by humans; 21 (3) "maximum sustained yield" means the achievement and 22 maintenance in perpetuity of a high level of human harvest on an annual basis of 23 game, other than mammalian predators. 24 * Sec. 2. AS 16.05 is amended by adding a new section to read: 25 Sec. 16.05.145. PUBLIC TRUST FOR SPECIAL FISH AND GAME 26 MANAGEMENT AREAS. (a) The state has created a public trust by the use of 27 revenue generated from taxes, license fees, and other fees paid by sportsmen, by the 28 acceptance and use of funds received from federal aid in sport fish and wildlife 29 restoration programs, and by the establishment of state game refuges, range areas, 30 special management areas, critical habitat areas, and similar areas established by law. 31 (b) This public trust would be breached by
01 (1) restricting public access to state game refuges, range areas, 02 sanctuaries, special management areas, critical habitat areas, and similar areas 03 established by law; 04 (2) restricting sport fishing, hunting, and trapping activities and 05 opportunities on state game refuges, range areas, special management areas, critical 06 habitat areas, and similar areas established by law in a manner that is inconsistent with 07 maximum sustained yield of fish and game; or 08 (3) utilization of the revenue generated from taxes, license fees, and 09 other fees paid by sportsmen or funds received from federal aid in sport fish and 10 wildlife restoration programs 11 (A) in an area where consumptive use of fish and game is not 12 permitted; 13 (B) in an area, or in regard to a fish stock or game population, 14 that is subject to preferences among consumptive uses that are not valid under 15 the state constitution or state law; or 16 (C) for management of nongame species. 17 (c) If the state breaches this public trust, the state shall either acquire an area 18 of land or designate an area of state land equal to five times the acreage of land on 19 which the public trust was breached in order to provide a location in the same 20 geographic area where unrestricted sport fishing, hunting, or trapping activities can 21 occur. 22 (d) A person may bring a civil action in a court of competent jurisdiction 23 against a state agency or a public official for an injunction to compel compliance with 24 this section or to compel remedial action to correct a violation of this section. A 25 public official is not immune from suit under this section. 26 (e) A person who brings an action to enforce this section and who prevails in 27 the action is entitled to recover the full, true, and actual costs of litigation, including 28 100 percent of actual attorney fees. 29 (f) In this section, 30 (1) "harvestable surplus" means the estimated number of animals that 31 is equal to the number of offspring born in a population during a year less the number
01 of animals in the population that die during the year from all causes other than 02 predation or human harvest; 03 (2) "high level of human harvest" means the harvest of one-third or 04 more of the harvestable surplus of a fish stock or game population by humans; 05 (3) "maximum sustained yield" means the achievement and 06 maintenance in perpetuity of a high level of human harvest on an annual basis of game 07 other than mammalian predators or of fish. 08 * Sec. 3. AS 16.20.020 is amended to read: 09 Sec. 16.20.020. PURPOSE. The purpose of AS 16.20.010 - 16.20.080 is to 10 conserve, maintain, and develop habitat and game populations [PROTECT AND 11 PRESERVE THE NATURAL HABITAT AND GAME POPULATION] in certain 12 designated areas of the state and to guarantee access to and continued public sport 13 fishing, hunting, and trapping activities and opportunities in these areas, 14 consistent with maximum sustained yield. 15 * Sec. 4. AS 16.20.075 is amended to read: 16 Sec. 16.20.075. REGULATIONS. The board shall, under AS 16.05, adopt 17 regulations 18 (1) governing the taking of game on state game refuges it considers 19 advisable for conservation and protection purposes; 20 (2) guaranteeing access to and continued public sport fishing, 21 hunting, and trapping activities and opportunities on state game refuges, 22 consistent with maximum sustained yield. 23 * Sec. 5. AS 16.20 is amended by adding a new section to article 4 to read: 24 Sec. 16.20.295. PURPOSE. In addition to the purposes stated in AS 16.20.300 25 - 16.20.360, state range areas are created to guarantee access to and continued public 26 sport fishing, hunting, and trapping activities and opportunities in these areas, 27 consistent with maximum sustained yield. 28 * Sec. 6. AS 16.20.500 is amended to read: 29 Sec. 16.20.500. PURPOSE. The purpose of AS 16.20.500 - 16.20.690 is to 30 protect and preserve habitat areas especially crucial to the perpetuation of fish and 31 wildlife, and to restrict all other uses not compatible with that primary purpose and
01 to guarantee access to and continued public sport fishing, hunting, and trapping 02 activities and opportunities in critical habitat areas, consistent with maximum 03 sustained yield. 04 * Sec. 7. AS 16.20.510 is amended to read: 05 Sec. 16.20.510. REGULATIONS. The Board of Fisheries and the Board of 06 Game, where appropriate, shall adopt regulations they consider advisable for 07 (1) conservation and protection purposes governing the taking of fish 08 and game in state fish and game critical habitat areas; 09 (2) guaranteeing access to and continued public sport fishing, 10 hunting, and trapping activities and opportunities in fish and game critical habitat 11 areas, consistent with maximum sustained yield. 12 * Sec. 8. AS 16.20 is amended by adding a new section to read: 13 ARTICLE 6. GENERAL PROVISIONS. 14 Sec. 16.20.990. DEFINITION. In this chapter, "maximum sustained yield" has 15 the meaning given in AS 16.05.145. 16 * Sec. 9. AS 16.05.005(d), added by sec. 1 of this Act, and AS 16.05.145(e), added by 17 sec. 2 of this Act, have the effect of amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil 18 Procedure, by providing that a person who prevails in an action under AS 16.05.005(c) or 19 16.05.145(d) is entitled to recover the full, true, and actual costs of bringing and prosecuting 20 the action, including 100 percent of actual attorney fees incurred to bring and prosecute the 21 action. 22 * Sec. 10. AS 16.05.005(d), added by sec. 1 of this Act, and AS 16.05.145(e), added by 23 sec. 2 of this Act, take effect only if sec. 9 of this Act receives the two-thirds majority vote 24 of each house required by art. IV, sec. 15, Constitution of the State of Alaska.