CSSB 77(RES): "An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game."
00CS FOR SENATE BILL NO. 77(RES) 01 "An Act relating to management of game populations, to the powers and duties 02 of the commissioner of fish and game, and to the division of game." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS. The legislature finds that providing for high 05 levels of harvest for human consumptive use in accordance with the sustained yield principle 06 is the highest and best use of identified big game prey populations in most areas of the state 07 and that those identified big game prey populations should be managed accordingly. 08 * Sec. 2. AS 16.05.020 is amended to read: 09 Sec. 16.05.020. FUNCTIONS OF COMMISSIONER. The commissioner shall 10 (1) supervise and control the department, and may appoint and employ 11 division heads, enforcement agents, and the technical, clerical, and other assistants 12 necessary for the general administration of the department; 13 (2) manage, protect, maintain, improve, and extend the fish, game and 14 aquatic plant resources of the state in the interest of the economy and general well-being of the state;
01 (3) have necessary power to accomplish the foregoing including, but 02 not limited to, the power to delegate authority to subordinate officers and employees 03 of the department; 04 (4) cooperate with and assist the Board of Fisheries and the Board 05 of Game by implementing regulations as requested by either board. 06 * Sec. 3. AS 16.05.050(1) is amended to read: 07 (1) to cooperate with and assist the Board of Fisheries and the 08 Board of Game by implementing regulations, programs, and research as 09 requested by either board [UNITED STATES FISH AND WILDLIFE SERVICE IN 10 THE ENFORCEMENT OF FEDERAL LAWS AND REGULATIONS PERTAINING 11 TO FISH AND GAME]; 12 * Sec. 4. AS 16.05.090(a) is amended to read: 13 (a) The commissioner may, with the approval of the governor, establish a 14 departmental division of commercial fisheries, a departmental division of sport 15 fisheries, [A DEPARTMENTAL DIVISION OF GAME,] and other departmental 16 divisions as are necessary. 17 * Sec. 5. AS 16.05.090 is amended by adding a new subsection to read: 18 (d) There is established in the department a division to be called the division 19 of game. The division shall carry out the duties of the department regarding the 20 management of and research on game in the state. The division shall perform other 21 duties as assigned by the commissioner. 22 * Sec. 6. AS 16.05.255(e) is amended to read: 23 (e) The Board of Game shall adopt regulations to provide for intensive 24 management programs to restore the abundance or productivity of identified big game 25 prey populations as necessary to achieve human consumptive use goals of the board 26 in an area where the board has determined that 27 (1) consumptive use of the big game prey population is a preferred use; 28 (2) depletion of the big game prey population from historic high levels 29 or reduction of the productivity of the big game prey population has occurred and may 30 result, or has resulted, in a significant reduction in the allowable human harvest of 31 the population; and
01 (3) enhancement of abundance or productivity of the big game prey 02 population is feasibly achievable utilizing recognized and prudent active management 03 techniques. 04 * Sec. 7. AS 16.05.255(g)(2) is amended to read: 05 (2) "intensive management" means management, in accordance with 06 the sustained yield principle, of an identified big game prey population to enhance, 07 extend, and develop the population to maintain high levels or provide for higher levels 08 of human harvest, including control of predation and prescribed or planned use of fire 09 and other habitat improvement techniques, but not including restrictions on methods 10 or means of taking game, access to game, or human harvest of game. 11 * Sec. 8. AS 16.05.255(g) is amended by adding new paragraphs to read: 12 (3) "harvestable surplus" means the number of animals that is equal to 13 the number of offspring born in a game population during the year less the number of 14 animals in the population that die during the year from all causes other than predation 15 or human harvest; 16 (4) "high level of human harvest" means the harvest of one-third or 17 more of the harvestable surplus of a game population by humans; 18 (5) "sustained yield" means the achievement and maintenance in 19 perpetuity of a high level of human harvest of game on an annual or periodic basis. 20 * Sec. 9. AS 16.05.255 is amended by adding a new subsection to read: 21 (h) The board shall adopt goals to manage game populations for which human 22 use is an important use so as to provide at least one-half of the harvestable surplus for 23 human harvest. 24 * Sec. 10. AS 16.05.270 is amended to read: 25 Sec. 16.05.270. DELEGATION OF AUTHORITY TO COMMISSIONER. (a) 26 For the purpose of administering AS 16.05.251 and 16.05.255, each board may 27 delegate authority to the commissioner to act in its behalf. 28 (b) If a board delegates authority to the commissioner, the commissioner 29 shall cooperate with and assist the board by implementing regulations, 30 management plans, and intensive management programs as requested by the 31 board.
01 (c) If there is a conflict between the board and the commissioner on proposed 02 regulations, public hearings shall be held concerning the issues in question. If, after 03 the public hearings, the board and the commissioner continue to disagree, the issue 04 shall be certified in writing by the board and the commissioner to the governor who 05 shall make a decision. The decision of the governor is final.