CSHB 406(RES): "An Act relating to fish and game; and providing for an effective date."
00CS FOR HOUSE BILL NO. 406(RES) 01 "An Act relating to fish and game; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. FINDINGS AND INTENT. (a) The legislature finds that 04 (1) the ability to take fish and game for personal and family use for sustenance 05 is a fundamental right under the Constitution of the State of Alaska; 06 (2) the common use clause of the Constitution of the State of Alaska imposes 07 on the state a trust duty to manage the fish, game, and water resources of the state for the 08 benefit of all the people; 09 (3) the harvest of fish and game for personal and family use for sustenance is 10 the highest and best use of fish and game; 11 (4) there are Alaskans, both Native and non-Native, who have a traditional, 12 social, or cultural relationship to and dependence upon the wild renewable resources produced 13 by Alaska's land and water; the harvest and use of fish and game for personal and family 14 consumption is an integral part of those relationships;
01 (5) although customs, traditions, and beliefs vary, these Alaskans share ideals 02 of respect for nature, the importance of using resources wisely, and the value and dignity of 03 a way of life in which they use Alaska's fish and game for a substantial portion of their 04 sustenance; 05 (6) while Alaska's fish and game are generally still plentiful, these resources 06 are not unlimited and cannot provide for every desired use, now or in the future; competition 07 for and the level of effort on these resources have required the legislature, the Board of 08 Fisheries, and the Board of Game to establish a preference for sustenance among the various 09 beneficial uses of fish and game in Alaska; 10 (7) the fish and game resources of Alaska have adequate biological and 11 reproductive capacity to provide an abundance of fish and game for all users; 12 (8) the harvest of fish and game for personal and family use for sustenance 13 does not constitute or affect interstate commerce and is not subject to regulation under the 14 commerce clause of the Constitution of the United States. 15 (b) It is the intent of the legislature to provide 16 (1) a preference for personal and family use of fish and game for sustenance 17 that parallels the Congressional intent underlying the subsistence preference under Title VIII 18 of the Alaska National Interest Lands Conservation Act (P.L. 96-487) but does not violate the 19 fundamental constitutional rights of Alaskans to sustenance, equal protection, and common use 20 of fish and game under the Constitution of the State of Alaska; 21 (2) a significant role for local fish and game advisory committees and regional 22 fish and game boards in the review of regulations governing the use of fish and game 23 resources; 24 (3) for a greater abundance of fish and game resources to serve as a source of 25 food for persons who are dependent on fish and game for personal and family use for 26 sustenance. 27 * Sec. 2. AS 16 is amended by adding a new chapter to read: 28 Chapter 16. Use of Fish and Game for Sustenance. 29 Sec. 16.16.010. Preferred use of fish and game. (a) The harvest of fish and 30 game for personal and family use for sustenance by residents is the highest and best 31 use of fish and game. The Board of Fisheries, the Board of Game, and the department
01 shall adopt regulations, policies, and management plans to implement a preference for 02 consumptive use of fish and game for personal and family use for sustenance over 03 other uses of fish and game. 04 (b) If the Board of Fisheries or the Board of Game determines that the 05 projected level of harvest of a fish stock or game population in an area would exceed 06 the sustainable level of harvest under the sustained yield principle, the appropriate 07 board shall allocate, notwithstanding AS 16.05.251(e), the harvestable portion of the 08 stock or population in that area among user groups in accordance with a ranking of 09 beneficial uses of the stock or population that assigns the highest preference to 10 consumptive use for personal and family use for sustenance. 11 Sec. 16.16.020. Dependence on fish and game for sustenance. (a) The 12 Board of Fisheries and the Board of Game acting jointly shall identify and define fish 13 and game dependent use areas. A fish and game dependent use area is an area where 14 dependence on fish and game for personal and family use for sustenance is the 15 principal characteristic of the economy and way of life of the area. In determining 16 whether dependence on fish and game for personal and family use for sustenance is 17 the principal characteristic of the economy and way of life of an area, the Board of 18 Fisheries and the Board of Game shall jointly consider the relative importance of 19 dependence on fish and game in the context of the totality of the following 20 socioeconomic characteristics of the area: 21 (1) the social and economic structure; 22 (2) the stability of the economy; 23 (3) the extent and kinds of employment for wages, including full-time, 24 part-time, temporary, and seasonal employment; 25 (4) the amount and distribution of cash income among those who live 26 in the area; 27 (5) the cost and availability of goods and services to those who live in 28 the area; 29 (6) the variety of fish and game species used by those who live in the 30 area; 31 (7) the seasonal cycle of economic activity;
01 (8) the percentage of those who live in the area participating in hunting 02 and fishing activities or using wild fish and game; 03 (9) the harvest levels of fish and game by those who live in the area; 04 (10) the historical, social, and economic values associated with the 05 taking and use of fish and game; 06 (11) the geographic locations where those who live in the area hunt and 07 fish; 08 (12) the extent of sharing and exchange of fish and game by those who 09 live in the area; 10 (13) the other sources of direct and indirect economic support available 11 in the area; 12 (14) additional similar factors the boards establish by regulation to be 13 relevant to a determination under this subsection. 14 (b) If the Board of Fisheries or the Board of Game, as appropriate, with the 15 concurrence of the department, determines that a shortage of a fish stock or game 16 population available for harvest in a fish and game dependent use area exists, the 17 board may establish a preference for fish or game dependent uses of the stock or 18 population and, consistent with sustained yield, reserve a sufficient portion of the stock 19 or population to provide a reasonable opportunity to satisfy the need for fish and game 20 dependent uses of the stock or population. A board shall make its determination of 21 whether sufficient fish or game resources exist in an area to provide a reasonable 22 opportunity to satisfy fish and game dependent uses of a stock or population based on 23 the recommendations of the regional fish and game board for the area and the local 24 fish and game advisory committees for the area. The preference established under this 25 subsection shall be extended to a person who is determined to be dependent on fish 26 and game for personal and family use for sustenance under (c) - (f) of this section. 27 In a time of shortage of fish or game resources, the appropriate board may adopt a 28 preference among beneficial uses of fish and game in a region or area. 29 (c) A person is dependent on fish and game for personal and family use for 30 sustenance if the person 31 (1) possesses a $5 resident hunting, trapping, and sport fishing license
01 issued under AS 16.05.340(a)(6); and 02 (2) submits to the regional fish and game board for the region in which 03 the person lives a signed written statement that the person 04 (A) is dependent on fish and game for personal and family use 05 for sustenance; or 06 (B) has no alternate means of sustenance as the result of 07 (i) the absence of a cash-based economy in the area 08 where the person lives; or 09 (ii) the person's decision to adopt a fish and game 10 dependent life style. 11 (d) Each regional fish and game board shall review the written statements 12 submitted by persons asserting a dependence on fish and game for personal and family 13 use for sustenance and make recommendations as to whether the person is entitled to 14 a preference under (b) of this section. A regional board may hold a hearing to gather 15 additional information regarding whether a person is dependent on fish and game for 16 personal and family use for sustenance. Each regional board shall forward 17 recommendations made by the regional board under this subsection and additional 18 information collected by the regional board to the Board of Fisheries and the Board 19 of Game. 20 (e) The Board of Fisheries and the Board of Game, acting jointly, shall make 21 the final determination as to who is entitled to the preference authorized under (b) of 22 this section. The statewide boards shall defer to the recommendations of the regional 23 fish and game boards unless a person disputes the recommendation made by a regional 24 board. The statewide boards shall hold a hearing subject to AS 44.62.330 - 44.62.630 25 to make a final determination of whether the person is dependent on fish and game for 26 personal and family use for sustenance. 27 (f) A person who is determined by the Board of Fisheries and the Board of 28 Game to be dependent on fish and game for personal and family use for sustenance 29 may take fish and game in any location in the state where a preference for the harvest 30 of fish or game for personal and family use for sustenance has been established under 31 (b) of this section.
01 (g) The Board of Fisheries and the Board of Game shall adopt regulations 02 governing the allowable level of noncommercial barter and sharing of fish and game 03 resources taken for personal and family use for sustenance. The boards shall set the 04 level of allowable noncommercial barter at a documented historical level that does not 05 subject barter of fish and game taken for personal and family use for sustenance to 06 federal regulation under the commerce clause of the Constitution of the United States. 07 Sec. 16.16.095. Definitions. In this chapter, 08 (1) "preference" means an advantage, but not necessarily an exclusive 09 privilege, conferred on a use of fish and game over other uses through the adoption 10 of seasons, areas, bag limits, methods and means, and other regulations that take into 11 consideration the consumptive uses and harvest methods of the user groups; 12 (2) "principal" means more than 50 percent; 13 (3) "reasonable opportunity" means an opportunity, as determined by 14 the Board of Fisheries or the Board of Game, as appropriate, that allows a person to 15 participate in a fishery or hunt that provides a normally diligent participant with a 16 reasonable expectation of success of taking of fish or game; "reasonable opportunity" 17 does not mean a guarantee of taking fish or game; 18 (4) "shortage" means the amount of a specific fish stock or game 19 population available for harvest is not sufficient to provide a reasonable opportunity 20 to take the stock or population for the sustenance needs of persons who are found to 21 be dependent on the fish and game for personal and family use for sustenance; 22 (5) "sustained yield" means a level of utilization of a fish or game 23 population for consumptive uses by humans that is capable of being maintained in 24 perpetuity. 25 * Sec. 3. AS 16.05.090(c) is amended to read: 26 (c) There is established in the department a section of fish and game 27 dependent use [SUBSISTENCE HUNTING AND FISHING]. 28 * Sec. 4. AS 16.05.094 is amended to read: 29 Sec. 16.05.094. Duties of section of fish and game dependent use 30 [SUBSISTENCE HUNTING AND FISHING]. The section of fish and game 31 dependent use [SUBSISTENCE HUNTING AND FISHING] shall
01 (1) compile existing data and conduct studies to gather information, 02 including data from persons dependent on fish and game for personal and family 03 use for sustenance [SUBSISTENCE USERS], on all aspects of the role of 04 [SUBSISTENCE] hunting and fishing for fish and game dependent use in the lives 05 of the residents of the state; 06 (2) quantify the amount, nutritional value, and extent of dependence on 07 food acquired through [SUBSISTENCE] hunting and fishing for fish and game 08 dependent use ; 09 (3) make information gathered available to the public, appropriate 10 agencies, and other organized bodies; 11 (4) assist the department, the Board of Fisheries, and the Board of 12 Game in determining what uses of fish and game, as well as which users and what 13 methods, should be termed fish and game dependent [SUBSISTENCE] uses, users, 14 and methods; 15 (5) evaluate the impact of state and federal laws and regulations on 16 [SUBSISTENCE] hunting and fishing for fish and game dependent use and, when 17 corrective action is indicated, make recommendations to the department; 18 (6) make recommendations to the Board of Game and the Board of 19 Fisheries regarding adoption, amendment , and repeal of regulations affecting 20 [SUBSISTENCE] hunting and fishing for fish and game dependent use ; 21 (7) participate with other divisions in the preparation of statewide and 22 regional management plans so that those plans recognize and incorporate the needs of 23 [SUBSISTENCE] users of fish and game for fish and game dependent use . 24 * Sec. 5. AS 16.05 is amended by adding a new section to read: 25 Sec. 16.05.245. Review of regulatory proposals. (a) Notwithstanding 26 AS 44.62, each proposal for a regulation to be adopted by the Board of Fisheries or 27 the Board of Game shall be submitted to local fish and game advisory committees and 28 regional fish and game boards that may be affected by the proposal. Each advisory 29 committee and regional board may review the proposed regulation and submit 30 comments and recommendations regarding the proposal to the Board of Fisheries or 31 the Board of Game, as appropriate. This subsection does not apply to emergency
01 regulations considered by either the Board of Fisheries or the Board of Game. 02 (b) The Board of Fisheries and the Board of Game shall carefully review each 03 recommendation made by a regional fish and game board and may defer to the 04 recommendation of the regional board, provided the recommendation is consistent with 05 the conservation of the fish or game resource and with the sustained yield principle. 06 (c) If the Board of Fisheries or the Board of Game chooses not to follow the 07 recommendation of an advisory committee or a regional board, the appropriate 08 statewide board shall inform the advisory committee or regional board of the action 09 and state the reasons for not following the recommendation. 10 (d) Subject to (a) and (b) of this section, the Board of Fisheries and the Board 11 of Game may consider and adopt any proposal for a regulation that is submitted for 12 adoption, even if comments or recommendations regarding the proposal are not 13 received from an advisory committee or a regional board. 14 * Sec. 6. AS 16.05.251(a) is amended to read: 15 (a) The Board of Fisheries may adopt regulations it considers advisable in 16 accordance with AS 44.62 (Administrative Procedure Act) for 17 (1) setting apart fish reserve areas, refuges, and sanctuaries in the 18 waters of the state over which it has jurisdiction, subject to the approval of the 19 legislature; 20 (2) establishing open and closed seasons and areas for the taking of 21 fish; if consistent with resource conservation and development goals, the board may 22 adopt regulations establishing restricted seasons and areas necessary for persons 60 23 years of age and older to participate in sport fishing , personal use fishing , or 24 [SUBSISTENCE] fishing for personal and family use for sustenance ; 25 (3) setting quotas, bag limits, harvest levels, and sex and size 26 limitations on the taking of fish; 27 (4) establishing the means and methods employed in the pursuit, 28 capture, and transport of fish; 29 (5) establishing marking and identification requirements for means used 30 in pursuit, capture, and transport of fish; 31 (6) classifying as commercial fish, sport fish, guided sport fish,
01 personal use fish, [SUBSISTENCE FISH,] or predators or other categories essential 02 for regulatory purposes; 03 (7) watershed and habitat improvement, and management, conservation, 04 protection, use, disposal, propagation, and stocking of fish; 05 (8) investigating and determining the extent and effect of disease, 06 predation, and competition among fish in the state, exercising control measures 07 considered necessary to the resources of the state; 08 (9) prohibiting and regulating the live capture, possession, transport, or 09 release of native or exotic fish or their eggs; 10 (10) establishing seasons, areas, quotas, and methods of harvest for 11 aquatic plants; 12 (11) establishing the times and dates during which the issuance of 13 fishing licenses, permits, and registrations and the transfer of permits and registrations 14 between registration areas is allowed; however, this paragraph does not apply to 15 permits issued or transferred under AS 16.43; 16 (12) regulating commercial fishing , sport fishing , guided sport fishing , 17 fishing for personal and family use for sustenance [SUBSISTENCE], and personal 18 use fishing as needed for the conservation, development, and utilization of fisheries; 19 (13) requiring, in a fishery, observers on board fishing vessels, as 20 defined in AS 16.05.475(d), that are registered under the laws of the state, as defined 21 in AS 16.05.475(c), after making a written determination that an on-board observer 22 program 23 (A) is the only practical data-gathering or enforcement 24 mechanism for that fishery; 25 (B) will not unduly disrupt the fishery; 26 (C) can be conducted at a reasonable cost; and 27 (D) can be coordinated with observer programs of other 28 agencies, including the National Marine Fisheries Service, North Pacific 29 Fishery Management Council, and the International Pacific Halibut 30 Commission; 31 (14) establishing nonexclusive, exclusive, and superexclusive
01 registration and use areas for regulating commercial fishing; 02 (15) regulating resident or nonresident sport fishermen as needed for 03 the conservation, development, and utilization of fishery resources; 04 (16) requiring unlicensed fishing vessels present in or transiting the 05 waters of the state to report to the department the quantity, species, and origin of fish 06 on board; in this paragraph, "unlicensed fishing vessel" means a fishing vessel that is 07 not licensed under AS 16.05.490 - 16.05.530. 08 * Sec. 7. AS 16.05.251(d) is amended to read: 09 (d) Regulations adopted under (a) of this section must, consistent with 10 sustained yield and the provisions of AS 16.16.020 [AS 16.05.258], provide a fair and 11 reasonable opportunity for the taking of fishery resources by personal use, sport, and 12 commercial fishermen. 13 * Sec. 8. AS 16.05.255(a) is amended to read: 14 (a) The Board of Game may adopt regulations it considers advisable in 15 accordance with AS 44.62 (Administrative Procedure Act) for 16 (1) setting apart game reserve areas, refuges, and sanctuaries in the 17 water or on the land of the state over which it has jurisdiction, subject to the approval 18 of the legislature; 19 (2) establishing open and closed seasons and areas for the taking of 20 game; 21 (3) establishing the means and methods employed in the pursuit, 22 capture, taking, and transport of game, including regulations, consistent with resource 23 conservation and development goals, establishing means and methods that may be 24 employed by persons with physical disabilities; 25 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 26 limitations on the taking of game; 27 (5) classifying game as game birds, song birds, big game animals, fur 28 bearing animals, predators, or other categories; 29 (6) methods, means, and harvest levels necessary to control predation 30 and competition among game in the state; 31 (7) watershed and habitat improvement, and management, conservation,
01 protection, use, disposal, propagation, and stocking of game; 02 (8) prohibiting the live capture, possession, transport, or release of 03 native or exotic game or their eggs; 04 (9) establishing the times and dates during which the issuance of game 05 licenses, permits, and registrations and the transfer of permits and registrations between 06 registration areas and game management units or subunits is allowed; 07 (10) regulating sport hunting and [SUBSISTENCE] hunting for 08 personal and family use for sustenance as needed for the conservation, development, 09 and utilization of game; 10 (11) taking game to ensure public safety. 11 * Sec. 9. AS 16.05.255(d) is amended to read: 12 (d) Regulations adopted under (a) of this section must provide that, consistent 13 with the provisions of AS 16.16.020 [AS 16.05.258], the taking of moose, deer, elk, 14 and caribou by residents for personal or family consumption has preference over taking 15 by nonresidents. 16 * Sec. 10. AS 16.05.255(f) is amended to read: 17 (f) The Board of Game may not significantly reduce the taking of an identified 18 big game prey population by adopting regulations relating to restrictions on harvest or 19 access to the population, or to management of the population by customary 20 adjustments in seasons, bag limits, open and closed areas, methods and means, or by 21 other customary means authorized under (a) of this section, unless the board has 22 adopted regulations, or has scheduled for adoption at the next regularly scheduled 23 meeting of the board regulations, that provide for intensive management to increase 24 the take of the population for human harvest consistent with (e) of this section. This 25 subsection does not apply if the board 26 (1) determines that intensive management would be 27 (A) ineffective, based on scientific information; 28 (B) inappropriate due to land ownership patterns; or 29 (C) against the best interest of persons who take game for 30 personal and family use for sustenance [SUBSISTENCE USES]; or 31 (2) declares that a biological emergency exists and takes immediate
01 action to protect or maintain the big game prey population in conjunction with the 02 scheduling for adoption of those regulations that are necessary to implement (e) of this 03 section. 04 * Sec. 11. AS 16.05.259 is amended to read: 05 Sec. 16.05.259. No personal and family use [SUBSISTENCE] defense. In 06 a prosecution for the taking of fish or game in violation of a statute or regulation, it 07 is not a defense that the taking was done for personal and family use for sustenance 08 [SUBSISTENCE USES]. 09 * Sec. 12. AS 16.05.260 is repealed and reenacted to read: 10 Sec. 16.05.260. Local advisory committees and regional boards. (a) The 11 Board of Fisheries and the Board of Game, acting jointly, shall establish a maximum 12 of five fish and game management regions in the state. 13 (b) The Board of Fisheries and the Board of Game, acting jointly, shall adopt 14 regulations establishing a maximum of nine fish and game areas in each fish and game 15 management region established under (a) of this section that together comprise the 16 whole of the region and shall establish a local fish and game advisory committee for 17 each area. The advisory committees shall be composed of persons well informed on 18 the fish or game resources of the area. The boards shall set the number of members 19 and the terms of each of the members of the advisory committees and shall designate 20 one member of each committee as chair. 21 (c) A local fish and game advisory committee may 22 (1) hold public hearings on fish or game matters; 23 (2) make recommendations regarding fish and game matters and fish 24 and game regulatory proposals to the regional fish and game board for the region in 25 which the committee is located and to the Board of Fisheries, the Board of Game, and 26 the department; 27 (3) advise the Board of Fisheries and the Board of Game as to the 28 appropriate criteria for determining whether a person is dependent on fish and game 29 for personal and family use for sustenance under AS 16.16.020. 30 (d) Recommendations from the local fish and game advisory committees on 31 regulatory proposals and other fish and game matters shall be forwarded to the
01 appropriate regional and statewide boards for consideration. 02 (e) For each fish and game management region established under (a) of this 03 section, there is established a regional fish and game board. Each board consists of 04 nine members appointed by the governor. The local fish and game advisory 05 committees may submit the names of persons whom the committees recommend for 06 appointment to the regional boards. The governor shall appoint each member on the 07 basis of interest in public affairs, good judgment, knowledge, and ability, and with a 08 view to providing diversity of interest and points of view in the membership. The 09 members shall be residents of the state and shall be appointed without regard to 10 political affiliation or geographical location of residence. The members of the boards 11 appointed by the governor are subject to confirmation by the legislature in joint 12 session. The members of the boards serve staggered terms of three years. The terms 13 of members of the boards begin on July 1. Notwithstanding AS 39.05.080(1), by 14 April 1 of the calendar year in which the term expires, the governor shall appoint a 15 person to fill the vacancy that will arise on a board due to expiration of the term of 16 a member of the board and submit the name of the person to the legislature for 17 confirmation. If a vacancy arises on the board, the governor shall, within 30 days after 18 the vacancy arises, appoint a person to serve the balance of the unexpired term and 19 submit the name of the person to the legislature for confirmation. A person appointed 20 to fill the balance of an unexpired term shall serve on the board from the date of 21 appointment until the earlier of the expiration of the term or the failure of the 22 legislature to confirm the person under AS 39.05.080. Members of a regional fish and 23 game board serve without compensation but are entitled to per diem and travel 24 expenses authorized for boards and commissions under AS 39.20.180. 25 (f) The governor may only remove a member of a regional fish and game 26 board for inefficiency, neglect of duty, or misconduct in office, or because the 27 member, while serving on the regional board, is convicted of a misdemeanor for 28 violating a statute or regulation related to fish or game or is convicted of a felony. 29 The governor shall deliver to the member a written copy of the charges and give the 30 member an opportunity to be heard in person or through counsel at a public hearing 31 before the governor or a designee upon at least 10 days' notice by registered mail.
01 The member may confront and cross-examine adverse witnesses. Upon removal, the 02 governor or a designee shall file in the proper state office the findings and a complete 03 statement of all charges made against the member. 04 (g) A majority of the members of a regional fish and game board constitutes 05 a quorum for the transaction of business, for the performance of any duty, and for the 06 exercise of any power. A majority of the full board membership is required to carry 07 all motions, regulations, and resolutions. 08 (h) Each regional fish and game board may 09 (1) exercise authority delegated to it by the Board of Fisheries or the 10 Board of Game; 11 (2) hold public hearings on fish and game matters; 12 (3) make recommendations regarding fish and game matters and fish 13 and game regulatory proposals to the Board of Fisheries, the Board of Game, and the 14 department; 15 (4) advise the Board of Fisheries and the Board of Game as to the 16 appropriate criteria for determining whether a person is dependent on fish and game 17 for personal and family use for sustenance under AS 16.16.020. 18 (i) The regional fish and game boards shall carefully review each 19 recommendation made by a local fish and game advisory committee within its region 20 regarding regulatory proposals and other fish and game matters. If the regional board 21 does not adopt or concur in the proposal of the advisory committee, the board shall 22 inform the advisory committee of its decision and state the reasons for its action. 23 * Sec. 13. AS 16.05.270 is amended to read: 24 Sec. 16.05.270. Delegation of authority to commissioner or to a regional 25 fish and game board . (a) For the purpose of administering AS 16.05.251 and 26 16.05.255, each board may delegate authority to the commissioner or to a regional 27 fish and game board to act in its behalf. 28 (b) If there is a conflict between the board and the commissioner on proposed 29 regulations, public hearings shall be held concerning the issues in question. If, after 30 the public hearings, the board and the commissioner continue to disagree, the issue 31 shall be certified in writing by the board and the commissioner to the governor who
01 shall make a decision. The decision of the governor is final. 02 * Sec. 14. AS 16.05.403 is amended to read: 03 Sec. 16.05.403. Special licenses and permits. (a) A resident hunting license, 04 a resident sport fishing license, a resident [SUBSISTENCE] fishing permit for 05 personal and family use for sustenance , or a resident personal use fishing permit 06 indicating that the purchaser is blind may be obtained from the department upon 07 payment of the fee prescribed in AS 16.05.330 - 16.05.430 and upon presentation of 08 either an affidavit of the applicant stating that the applicant cannot distinguish light 09 from darkness or an affidavit signed by a licensed physician or a licensed optometrist 10 stating that the applicant's central visual acuity does not exceed 20/200 in the better 11 eye with correcting lenses or that the applicant's widest diameter of visual field 12 subtends an angle no greater than 20 degrees. 13 (b) A resident who is a person with physical disabilities may obtain from the 14 department upon payment of the fee prescribed in AS 16.05.330 - 16.05.430 and upon 15 submission of satisfactory proof of physical disabilities a resident hunting license, a 16 resident sport fishing license, a resident [SUBSISTENCE] fishing permit for personal 17 and family use for sustenance , or a resident personal use fishing permit indicating 18 that the purchaser is a person with physical disabilities. 19 (c) A resident who is 65 years of age or older may obtain from the department 20 upon payment of the fee prescribed in AS 16.05.330 - 16.05.430 and upon submission 21 of satisfactory proof of age a resident hunting license, a resident sport fishing license, 22 a resident [SUBSISTENCE] fishing permit for personal and family use for 23 sustenance , or a resident personal use fishing permit indicating that the purchaser is 24 a person who is 65 years of age or older. This subsection does not limit the right of 25 a resident person who is 65 years of age or older to claim an exemption from hunting 26 or sport fishing license requirements under AS 16.05.400(b). 27 * Sec. 15. A 16.05.405(c) is amended to read: 28 (c) Notwithstanding AS 16.05.420(c), a resident holding a valid noncommercial 29 fishing license may take fish on behalf of a person who is blind, a person with 30 physical disabilities, or a person who is 65 years of age or older if the resident 31 possesses on the resident's person
01 (1) a document signed by the person on whose behalf the fish is taken, 02 stating that the resident possesses the person's sport fishing license, [SUBSISTENCE] 03 fishing permit for personal and family use for sustenance , personal use fishing 04 permit, or permanent identification card in order to take fish on behalf of that person; 05 (2) the person's 06 (A) resident sport fishing license issued under AS 16.05.403 or 07 permanent identification card issued under AS 16.05.400(b); 08 (B) resident [SUBSISTENCE] fishing permit for personal and 09 family use for sustenance issued under AS 16.05.403; or 10 (C) resident personal use fishing permit issued under 11 AS 16.05.403; and 12 (3) all other documents issued to the person that are required by law 13 as a condition of taking the fish being pursued. 14 * Sec. 16. AS 16.05.930(e) is amended to read: 15 (e) This chapter does not prevent the limited noncommercial 16 [TRADITIONAL] barter of fish and game taken for personal and family use for 17 sustenance [BY SUBSISTENCE HUNTING OR FISHING], except that the 18 commissioner may prohibit the barter of [SUBSISTENCE-TAKEN] fish and game by 19 regulation, emergency or otherwise, if a determination on the record is made that the 20 barter is resulting in a waste of the resource, damage to fish stocks or game 21 populations, or circumvention of fish or game management programs. 22 * Sec. 17. AS 16.05.940(2) is amended to read: 23 (2) "barter" means the exchange or trade of fish or game, or their parts, 24 taken for personal and family use for sustenance [SUBSISTENCE USES] 25 (A) for other fish or game or their parts; or 26 (B) for other food or for nonedible items other than money if 27 the exchange is of a limited and noncommercial nature; 28 * Sec. 18. AS 16.05.940(5) is amended to read: 29 (5) "commercial fishing" means the taking, fishing for, or possession 30 of fish, shellfish, or other fishery resources with the intent of disposing of them for 31 profit, or by sale, barter, trade, or in commercial channels; the failure to have a valid
01 fishing [SUBSISTENCE] permit for personal and family use for sustenance in 02 possession, if required by statute or regulation, is considered prima facie evidence of 03 commercial fishing if commercial fishing gear as specified by regulation is involved 04 in the taking, fishing for, or possession of fish, shellfish, or other fish resources; 05 * Sec. 19. AS 16.05.940 is amended by adding a new paragraph to read: 06 (37) "fish and game dependent uses" means the noncommercial, 07 historical uses of fish and game by a resident for direct personal or family 08 consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and 09 selling of handicraft articles out of nonedible by-products of fish and game resources 10 taken for personal or family consumption, and for the limited noncommercial barter 11 or sharing for personal or family use for sustenance; in this paragraph, "family" means 12 persons related by blood, marriage, or adoption, and a person living in the household 13 on a permanent basis. 14 * Sec. 20. AS 16.10.380(b) is amended to read: 15 (b) In this section "user group" includes [, BUT IS NOT LIMITED TO,] sport 16 fishermen, processors, commercial fishermen, persons who fish for personal and 17 family use for sustenance [SUBSISTENCE FISHERMEN], and representatives of 18 local communities. 19 * Sec. 21. AS 16.10.750(a) is amended to read: 20 (a) The legislature finds that 21 (1) the salmon fishing industry is among the state's largest industries 22 and generates hundreds of millions of dollars and thousands of jobs each year; the 23 salmon fishery is vitally important to commercial, [SUBSISTENCE,] personal use, and 24 sport fishing interests, to persons who fish for personal and family use for 25 sustenance, and to the state's developing tourist industry; 26 (2) the state is committed to maintaining and enhancing its wild stocks 27 of salmon by careful management, by initiating a 20-year rebuilding program, and by 28 investing in the fishing industry; 29 (3) millions of Alaska salmon are being caught and injured by high 30 seas fisheries that intercept salmon contrary to state, federal, or international law; the 31 high seas interception of Alaska salmon defeats the state's management and rebuilding
01 programs, deprives the state of a return on its investment in the fishing industry, and 02 detrimentally affects personal and family uses of Alaska salmon for sustenance 03 [SUBSISTENCE] and sport fishing uses of Alaska salmon; 04 (4) vessels that engage in the high seas interception of salmon can 05 move relatively freely and undetected from region to region in the North Pacific and 06 thus are able to harvest whatever species is most readily available or most valuable; 07 by moving farther westward, a greater proportion of the take is Asian salmon; moving 08 eastward results in a greater proportion of the take being Alaska salmon; although 09 there is intermixing of Asian and North American salmon stocks, scientific evidence 10 proves that even a minimal harvest of salmon within the migratory range of each 11 species will contain Alaska salmon; 12 (5) the illegal taking of salmon detrimentally affects the Alaska fishing 13 industry; the illegal taking of Alaska salmon is of primary concern because of the 14 direct and immediate effect on the state; in addition, the illegal taking of Asian salmon 15 is also of concern because depletion of those stocks will ultimately result in a shifting 16 of high seas fishing efforts, both legal and illegal, to Alaska salmon; 17 (6) high seas interception of salmon occurs beyond the exclusive 18 economic zone of the United States, or through incursion within the exclusive 19 economic zone and the state's territorial sea, by vessels that are usually not registered 20 in this state; moreover, these vessels are not based in Alaska and can thus avoid 21 detection more easily than Alaska-based vessels; as a practical matter, it is extremely 22 difficult to directly or indirectly regulate the vessels themselves; it is therefore 23 necessary to prohibit activities within the state that give aid, comfort, and financial 24 incentives to high seas interception of salmon. 25 * Sec. 22. AS 16.10.800(1) is amended to read: 26 (1) "high seas interception," "interception," or a similar term means the 27 unauthorized catching, taking, or harvesting of salmon for other than sport, personal 28 and family use for sustenance [SUBSISTENCE], or personal use purposes [,] 29 (A) throughout the migratory range of each species, by a vessel 30 not registered under the laws of this state; or 31 (B) beyond the territorial sea of the state by a vessel registered
01 under the laws of the state; 02 * Sec. 23. AS 16.20.033(b) is amended to read: 03 (b) The Yakataga State Game Refuge is established to protect the 04 (1) fish and wildlife habitat and populations, including salmon 05 spawning and rearing habitat and critical goat and moose winter habitat; 06 (2) public uses of fish and wildlife and their habitat, particularly 07 commercial fishing, fishing for personal and family use for sustenance, and [,] sport 08 [, AND SUBSISTENCE] fishing, hunting, viewing, photography, and general public 09 recreation in a high quality environment; and 10 (3) the use and disposition of other resources when the activities are 11 not inconsistent with (1) and (2) of this subsection. 12 * Sec. 24. AS 16.20.033(f) is amended to read: 13 (f) The department shall allow commercial fishing , sport fishing , [AND 14 SUBSISTENCE] fishing for personal and family use for sustenance, and hunting 15 within the Yakataga State Game Refuge under regulations of the Board of Fisheries 16 and the Board of Game. The department shall also permit associated support activities 17 when necessary and consistent with AS 16.20.010 - 16.20.080 to support fishing and 18 hunting permitted under this section, including fish buying operations, aircraft support 19 including landing strips, and off-road vehicle use. 20 * Sec. 25. AS 16.20.090(a) is amended to read: 21 (a) The legislature recognizes that 22 (1) the Walrus Islands are the sole remaining place in the state where 23 walruses annually haul out on land and all similar "hauling grounds" in the state which 24 were formerly utilized have been abandoned by walruses due to excessive molestation 25 and slaughter; 26 (2) the Walrus Islands are uninhabited, and the walruses frequenting 27 them are not required by the state for personal and family use for sustenance 28 [SUBSISTENCE UTILIZATION]; 29 (3) the Walrus Islands have great importance as a retreat for the Pacific 30 walrus from the standpoints of conservation, scientific value, and tourist interest; 31 (4) the Department of Natural Resources has taken appropriate action
01 to achieve transfer of title in the Walrus Islands to the state. 02 * Sec. 26. AS 16.20.615(d) is amended to read: 03 (d) The department shall permit existing [EXITING] cabins to remain, 04 personal and family use of fish and game for sustenance to continue, 05 [SUBSISTENCE AND] recreational uses to continue, and commercial uses such as 06 seal hunting and placer mining to continue, if appropriate under the management plan 07 adopted under (c) of this section to the extent that the activities are compatible with 08 the establishment of the Tugidak Island Critical Habitat Area. 09 * Sec. 27. AS 16.20.625(e) is amended to read: 10 (e) The department shall permit uses of the Redoubt Bay Critical Habitat Area 11 in a manner that is compatible with the purposes for which the critical habitat area is 12 established. The department shall permit the following public uses to continue without 13 further approval by the department unless the department determines that the use is not 14 compatible with the purposes for which the Redoubt Bay Critical Habitat Area is 15 established: 16 (1) hunting, including [SUBSISTENCE] hunting for personal and 17 family use for sustenance , trapping, fishing for personal and family use for 18 sustenance [AND SUBSISTENCE], commercial fishing , and sport fishing, including 19 the continued use of cabins for the purpose of hunting, trapping, and fishing; 20 (2) hiking, backpacking, and camping, including the use of campfires; 21 (3) cross-country skiing, snowmachining, boating, and the landing of 22 aircraft; and 23 (4) other related uses that are temporary in duration and have no 24 foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and 25 their habitat. 26 * Sec. 28. AS 16.40.120(c) is amended to read: 27 (c) The commissioner shall specify the expiration date of an acquisition permit 28 and may attach conditions to an acquisition permit, including conditions relating to the 29 time, place, and manner of harvest. Size, gear, place, time, licensing, and other 30 limitations applicable to sport harvest , commercial harvest , or [SUBSISTENCE] 31 harvest for personal and family use for sustenance of aquatic plants and shellfish do
01 not apply to a harvest with a permit issued under this section. The commissioner of 02 fish and game shall issue or deny a permit within 30 days after receiving an 03 application. 04 * Sec. 29. AS 16.40.120(d) is amended to read: 05 (d) The commissioner shall deny or restrict a permit under this section upon 06 finding that the proposed harvest will impair sustained yield of the species or will 07 unreasonably disrupt established uses of the resources by commercial, sport, or 08 personal use [, OR SUBSISTENCE] users and by persons who use the resources for 09 personal and family use for sustenance . The commissioner shall inform the Board 10 of Fisheries of any action taken on permit applications for species that support 11 commercial fisheries subject to limited entry under AS 16.43 and of any permits 12 denied because of unreasonable disruption of an established use. A denial of the permit 13 by the commissioner must contain the factual basis for the findings. 14 * Sec. 30. AS 16.40.120(f) is amended to read: 15 (f) Except as provided in (d) of this section or in a regulation adopted under 16 (e) of this section, the commissioner shall issue a permit if 17 (1) wild stock is necessary to meet the initial needs of farm or hatchery 18 stock; 19 (2) there are technological limitations on the propagation of culture 20 stock for the species sought; 21 (3) wild stock sought is not fully utilized by commercial fisheries , 22 sport fisheries , personal use [, OR SUBSISTENCE] fisheries , or by persons engaged 23 in personal and family use for sustenance ; or 24 (4) wild stock is needed to maintain the gene pool of a hatchery or 25 aquatic farm. 26 * Sec. 31. AS 41.21.625(b) is amended to read: 27 (b) The governor shall appoint individuals to the Alaska Chilkat Bald Eagle 28 Preserve Advisory Council representing the following interests for a two-year term: 29 (1) a resident of the Haines Borough representing a conservation 30 organization; 31 (2) a representative of the United States Fish and Wildlife Service; and
01 (3) a member of the local [UPPER LYNN CANAL] fish and game 02 advisory committee for the area . 03 * Sec. 32. AS 16.05.258, 16.05.330(c), 16.05.940(7), 16.05.940(8), 16.05.940(27), 04 16.05.940(30), 16.05.940(31), and 16.05.940(32) are repealed. 05 * Sec. 33. Sections 3 and 5, ch. 1, SSSLA 1992, are repealed. 06 * Sec. 34. TRANSITION. (a) Notwithstanding the repeal of AS 16.05.258, by sec. 32 of 07 this Act, the areas outside of the nonsubsistence areas established by the Board of Fisheries 08 and the Board of Game shall constitute fish and game dependent use areas under 09 AS 16.16.020, added by sec. 2 of this Act, until the earlier of either the effective date of 10 regulations adopted by the Board of Fisheries and the Board of Game acting jointly to identify 11 fish and game dependent use areas under AS 16.16.020, added by sec. 2 of this Act, or two 12 years from the effective date of this section. 13 (b) Notwithstanding the repeal and reenactment of AS 16.05.260 by sec. 12 of this 14 Act, a local fish and game advisory committee established before the effective date of sec. 12 15 of this Act that is active on the day before the effective date of sec. 12 of this Act shall 16 continue to operate under the former provisions of AS 16.05.260 until the effective date of 17 regulations adopted by the Board of Fisheries and the Board of Game, acting jointly, that 18 establish the local fish and game advisory committees described in AS 16.05.260, as repealed 19 and reenacted by sec. 12 of this Act. The Board of Fisheries and the Board of Game, acting 20 jointly, shall appoint persons to serve on the local fish and game advisory committees 21 established under AS 16.05.260, as repealed and reenacted by sec. 12 of this Act, immediately 22 upon adoption of regulations establishing the local fish and game advisory committees 23 described in AS 16.05.260, as repealed and reenacted by sec. 12 of this Act. 24 * Sec. 35. INITIAL APPOINTMENT OF MEMBERS TO THE REGIONAL FISH AND 25 GAME BOARDS. (a) Notwithstanding AS 16.05.260, as repealed and reenacted by sec. 12 26 of this Act, immediately upon the adoption of regulations by the Board of Fisheries and the 27 Board of Game, acting jointly, to define the boundaries of fish and game management regions 28 in the state, the governor shall solicit nominations from local fish and game advisory 29 committees in existence at that time for persons to serve on each of the regional fish and game 30 boards established under AS 16.05.260, as repealed and reenacted by sec. 12 of this Act. 31 (b) Notwithstanding AS 16.05.260(e), as repealed and reenacted by sec. 12 of this Act,
01 the governor shall appoint the initial members of each of the regional fish and game boards 02 to staggered terms in accordance with AS 39.05.055(7). 03 * Sec. 36. REVISOR'S BILL. The revisor of statutes shall prepare a bill for consideration 04 of the resource committees of the House of Representatives and the Senate of the Alaska State 05 Legislature that amends references to subsistence uses of fish and game outside of Title 16 06 of the Alaska Statutes to conform to the provisions of this Act. The bill shall be presented 07 to the resource committees by the 20th legislative day of the next regular session of the 08 Alaska State Legislature following the effective date of this section. 09 * Sec. 37. ADVISORY VOTE ON PREFERENCE FOR USE OF FISH AND GAME FOR 10 PERSONAL AND FAMILY USE FOR SUSTENANCE. The lieutenant governor shall place 11 before the qualified voters of the state at the next primary election a question advisory to the 12 legislature as to whether the legislature should establish a preference for use of fish and game 13 for personal and family use for sustenance. The question shall appear on the ballot in the 14 following form: 15 Q U E S T I O N 16 Shall a law (HB 406) passed by the legislature 17 which grants a preference in times of shortage 18 for use of fish and game for personal and family 19 use for sustenance take effect and shall the 20 federal law (Alaska National Interest Lands 21 Conservation Act) be amended to conform to 22 state law regarding use of fish and game? 23 Yes [ ] No [ ] 24 * Sec. 38. Sections 1 - 36 of this Act are repealed upon certification by the lieutenant 25 governor that a majority of the voters voting on the proposition described in sec. 37 of this 26 Act have voted "No" in response to the question presented. 27 * Sec. 39. Sections 37 and 38 of this Act take effect immediately under AS 01.10.070(c). 28 * Sec. 40. Except as provided by sec. 39 of this Act, this Act takes effect only if the events 29 described in (1) and (2) of this section occur and if the Act takes effect, it takes effect upon 30 the later of 31 (1) the day following the date on which the lieutenant governor certifies that
01 a majority of the voters voting on the proposition described in sec. 37 of this Act have voted 02 "Yes" in response to the question presented; 03 (2) the day following the date on which the Attorney General for the State of 04 Alaska determines that Title VIII of the Alaska National Interest Lands Conservation Act (P.L. 05 96-487) has been amended in such a manner that 06 (A) the provisions of this Act are consistent with the preference for 07 subsistence uses of fish and wildlife under the Alaska National Interest Lands 08 Conservation Act; 09 (B) the State of Alaska may resume management of fish and game on 10 federal public land in the state under provisions of this Act; 11 (C) the definition of "public lands" in the Alaska National Interest 12 Lands Conservation Act is amended to exclude state and private land and water, 13 including navigable water; 14 (D) federal court oversight over state and private land and water, 15 including navigable water, is eliminated; and 16 (E) the portion of sec. 316(b)(3)(B) of P.L. 105-83 relating to the 17 management of fish and wildlife for subsistence uses on public lands in Alaska by the 18 Secretary of the Interior is repealed.