HCS 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."
00HOUSE CS FOR CS 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-
01 being of the state; 02 (3) have necessary power to accomplish the foregoing including, but 03 not limited to, the power to delegate authority to subordinate officers and employees 04 of the department; 05 (4) cooperate with and assist the Board of Fisheries and the Board 06 of Game by implementing regulations as requested by either board. 07 * Sec. 3. AS 16.05.050 is amended by adding a new paragraph to read: 08 (20) to cooperate with and assist the Board of Fisheries and the Board 09 of Game by implementing regulations and management plans as requested by either 10 board. 11 * Sec. 4. AS 16.05.255(e) is amended to read: 12 (e) The Board of Game shall adopt regulations, consistent with the sustained 13 yield principle, to provide for active [INTENSIVE] management programs to restore 14 the abundance or productivity of identified big game prey populations as necessary to 15 achieve human consumptive use goals of the board in an area where the board has 16 determined that 17 (1) consumptive use of the big game prey population is a preferred use; 18 (2) depletion of the big game prey population or reduction of the 19 productivity of the big game prey population has occurred and may result, or has 20 resulted, in a significant reduction in the allowable human harvest of the population; 21 and 22 (3) enhancement of abundance or productivity of the big game prey 23 population is feasibly achievable utilizing recognized and prudent active management 24 techniques. 25 * Sec. 5. AS 16.05.255(f) is amended to read: 26 (f) The Board of Game may not significantly reduce the taking of an identified 27 big game prey population by adopting regulations relating to restrictions on harvest or 28 access to the population, or to management of the population by customary 29 adjustments in seasons, bag limits, open and closed areas, methods and means, or by 30 other customary means authorized under (a) of this section, unless the board has 31 adopted regulations, or has scheduled for adoption at the next regularly scheduled
01 meeting of the board regulations, that provide for active [INTENSIVE] management 02 to increase the take of the population for human harvest consistent with (e) of this 03 section. This subsection does not apply if the board 04 (1) determines that active [INTENSIVE] management would be 05 (A) ineffective, based on scientific information; 06 (B) inappropriate due to land ownership patterns; or 07 (C) against the best interest of subsistence uses; or 08 (2) declares that a biological emergency exists and takes immediate 09 action to protect or maintain the big game prey population in conjunction with the 10 scheduling for adoption of those regulations that are necessary to implement (e) of this 11 section. 12 * Sec. 6. AS 16.05.255(g)(2) is amended to read: 13 (2) "active [INTENSIVE] management" means management, in 14 accordance with the sustained yield principle, of an identified big game prey 15 population to enhance, extend, and develop the population to maintain high levels or 16 provide for higher levels of human harvest, including control of predation and 17 prescribed or planned use of fire and other habitat improvement techniques, but not 18 including restrictions on methods or means of taking game, access to game, or 19 human harvest of game. 20 * Sec. 7. AS 16.05.255(g) is amended by adding new paragraphs to read: 21 (3) "harvestable surplus" means the estimated number of animals that 22 is equal to the approximate number of offspring born in a game population during the 23 year less the approximate number of animals in the population that die during the year 24 from all causes other than predation or human harvest; 25 (4) "high level of human harvest" means the harvest of one-third or 26 more of the harvestable surplus of a game population by humans; 27 (5) "sustained yield" means the achievement and maintenance in 28 perpetuity of a high level of human harvest of game on an annual or periodic basis. 29 * Sec. 8. AS 16.05.255 is amended by adding a new subsection to read: 30 (h) The board shall attempt to manage game populations for which human use 31 is an important use so as to provide at least one-half of the harvestable surplus for
01 human harvest. 02 * Sec. 9. AS 16.05.270 is amended to read: 03 Sec. 16.05.270. DELEGATION OF AUTHORITY TO COMMISSIONER. (a) 04 For the purpose of administering AS 16.05.251 and 16.05.255, each board may 05 delegate authority to the commissioner to act in its behalf. 06 (b) If a board delegates authority to the commissioner, the commissioner 07 shall cooperate with and assist the board by implementing regulations, 08 management plans, and active management programs as requested by the board. 09 (c) If there is a conflict between the board and the commissioner on proposed 10 regulations, public hearings shall be held concerning the issues in question. If, after 11 the public hearings, the board and the commissioner continue to disagree, the issue 12 shall be certified in writing by the board and the commissioner to the governor who 13 shall make a decision. The decision of the governor is final. 14 * Sec. 10. AS 16.05.050(1) is repealed.