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HB 295: "An Act relating to enforcement of subsistence hunting and fishing laws."

00HOUSE BILL NO. 295 01 "An Act relating to enforcement of subsistence hunting and fishing laws." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.65 is amended by adding a new section to read: 04 Article 11. Miscellaneous Provisions. 05  Sec. 18.65.900. Enforcement of subsistence hunting and fishing laws. (a) 06 Notwithstanding AS 18.65.090, the Department of Public Safety may not enforce, or 07 directly assist the enforcement of, a federal statute or regulation governing eligibility 08 to engage in subsistence hunting or fishing in the state if the statute could not be 09 enacted by the state or the regulation could not be adopted by a state department or 10 agency because the statute or regulation violates either the Constitution of the State of 11 Alaska or the Constitution of the United States. 12  (b) An employee or law enforcement agent of a state department other than 13 the Department of Public Safety or of a state agency or a police officer employed by 14 a municipality may not enforce, or directly assist the enforcement of, a federal statute

01 or regulation governing eligibility to engage in subsistence hunting or fishing in the 02 state if the statute could not be enacted by the state or the regulation could not be 03 adopted by a state department or agency because the statute or regulation violates 04 either the Constitution of the State of Alaska or the Constitution of the United States. 05  (c) A person, including an employee or law enforcement agent of a federal 06 department or agency may not enforce, or directly assist the enforcement of, a federal 07 statute or regulation governing eligibility to engage in subsistence hunting or fishing 08 in the state if the statute could not be enacted by the state or the regulation could not 09 be adopted by a state department or agency because the statute or regulation violates 10 either the Constitution of the State of Alaska or the Constitution of the United States.