CSSB 35(STA): "An Act relating to the means of transportation used to provide access for the taking of game; relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park."
00CS FOR SENATE BILL NO. 35(STA) 01 "An Act relating to the means of transportation used to provide access for the 02 taking of game; relating to management of state land, water, and land and water 03 as part of a state park, recreational or special management area, or preserve; 04 relating to reports to the legislature concerning prohibitions or restrictions of 05 traditional means of access for traditional recreational uses within a park, 06 recreational or special management area, or preserve; relating to Chilkat State 07 Park." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 16.05.255(a) is amended to read: 10 (a) The Board of Game may adopt regulations it considers advisable in 11 accordance with AS 44.62 (Administrative Procedure Act) for 12 (1) setting apart game reserve areas, refuges, and sanctuaries in the 13 water or on the land of the state over which it has jurisdiction, subject to the approval 14 of the legislature;
01 (2) establishing open and closed seasons and areas for the taking of 02 game; 03 (3) establishing the means and methods employed in the pursuit, 04 capture, taking, and transport of game, including regulations, consistent with resource 05 conservation and development goals, establishing means and methods that may be 06 employed by persons with physical disabilities; however, the board may not prohibit 07 or restrict access into an area by a means of transportation that has historically 08 been used in that area unless the board finds, based on clear and convincing 09 evidence, that the means of transportation has resulted in significant biological 10 harm to the game population for which the means of transportation is being used; 11 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 12 limitations on the taking of game; 13 (5) classifying game as game birds, song birds, big game animals, fur 14 bearing animals, predators, or other categories; 15 (6) methods, means, and harvest levels necessary to control predation 16 and competition among game in the state; 17 (7) watershed and habitat improvement, and management, conservation, 18 protection, use, disposal, propagation, and stocking of game; 19 (8) prohibiting the live capture, possession, transport, or release of 20 native or exotic game or their eggs; 21 (9) establishing the times and dates during which the issuance of game 22 licenses, permits, and registrations and the transfer of permits and registrations between 23 registration areas and game management units or subunits is allowed; 24 (10) regulating sport hunting and subsistence hunting as needed for the 25 conservation, development, and utilization of game; 26 (11) taking game to ensure public safety. 27 * Sec. 2. AS 41.21.020(a) is amended to read: 28 (a) The department shall 29 (1) develop a continuing plan for the conservation and maximum use 30 in the public interest of the scenic, historic, archaeologic, scientific, biological, and 31 recreational resources of the state;
01 (2) plan for and develop a system of state parks and recreational 02 facilities, to be established as the legislature authorizes and directs; 03 (3) acquire by gift, purchase, or transfer from state or federal agencies, 04 or from individuals, corporations, partnerships, or associations, land necessary, suitable, 05 and proper for roadside, picnic, recreational, or park purposes; 06 (4) develop, manage, and maintain state parks and recreational areas; 07 (5) provide for the acquisition, care, management, supervision, 08 improvement, development, extension, and maintenance of public recreational land, and 09 make necessary arrangements, contracts, or commitments for the improvement and 10 development of land acquired under AS 41.21.010 - 41.21.040; contracting for 11 improvement and development under this paragraph is governed by AS 36.30 (State 12 Procurement Code); 13 (6) adopt, in accordance with this section and AS 44.62 (Administrative 14 Procedure Act), regulations governing the use and designating incompatible uses within 15 the boundaries of state park and recreational areas to protect the property and to 16 preserve the peace; 17 (7) cooperate with the United States and its agencies and local 18 subdivisions of the state to secure the effective supervision, improvement, 19 development, extension, and maintenance of state parks, state monuments, state 20 historical areas, and state recreational areas [,] and secure agreements or contracts for 21 the purpose of AS 41.21.010 - 41.21.040; 22 (8) encourage the organization of state public park and recreational 23 activities in the local political subdivisions of the state; 24 (9) provide for consulting service designed to develop local park and 25 recreation facilities and programs; 26 (10) provide clearinghouse services for other state agencies concerned 27 with park and recreation matters; 28 (11) perform other duties as are prescribed by executive order or by 29 law; 30 (12) maintain memorials to Alaska veterans located in state parks; 31 [AND]
01 (13) adopt, in accordance with AS 44.62 (Administrative Procedure 02 Act), regulations governing the use of the Chena River State Recreation Area and 03 designating incompatible uses within the boundaries of the Chena River State 04 Recreation Area in accordance with AS 41.21.490; and 05 (14) annually, by the first day of each regular session of the 06 legislature, submit a report to the legislature on each designation of an 07 incompatible use under this chapter, or other action, that prohibits or restricts a 08 traditional means of access across a park, area, or preserve established under this 09 chapter for a traditional recreational activity on or within the park, area, or 10 preserve; for each prohibition or restriction, the report must state reasons for the 11 designation of incompatibility or prohibition or restriction of a traditional means 12 of access, the specific area of the prohibition or restriction, and the time period 13 during which the incompatibility or prohibition or restriction is expected to exist; 14 in this paragraph, 15 (A) "traditional means of access" means those types of 16 transportation on, to, or in the state land, water, or land and water, for 17 which a popular pattern of use has developed; the term includes general 18 or commercial aviation, ballooning, motorized and nonmotorized boating, 19 snowmachining, operation of all-terrain vehicles, mushing, skiing, 20 snowshoeing, and walking; 21 (B) "traditional recreational activity" means those personal 22 or commercial types of activities that people may use for sport, exercise, 23 subsistence, or personal enjoyment, including hunting, fishing, trapping, or 24 gathering, and that have historically been conducted as part of an 25 individual, family, or community life pattern on or in the state land, water, 26 or land and water. 27 * Sec. 3. AS 41.21.020 is amended by adding a new subsection to read: 28 (d) Notwithstanding (a)(3) of this section, the department may not manage as 29 part of a park, area, or preserve established under AS 41.21.110 - 41.21.630, land, 30 water, or land and water that is not within the boundaries, as designated by the 31 legislature, of the park, area, or preserve.
01 * Sec. 4. AS 41.21.111 is amended to read: 02 Sec. 41.21.111. Authority to designate Chilkat State Park. The governor 03 may designate by proclamation the state-owned land and water and all that acquired 04 in the future by the state, lying within the parcels described in this section, as the 05 Chilkat State Park. The proclamation may include the entire area or portions of the 06 area at different times, shall reserve the areas included from all uses incompatible with 07 their primary function as public recreation land and water, and shall assign them to the 08 department for control, development, and maintenance. Land covered by AS 41.21.110 09 - 41.21.113 has a total acreage of 6,056.30 [6,045.45] acres, including approximately 10 610 acres of federal land, and is described as follows: 11 (1) Township 31 South, Range 60 East, Copper River Meridian U.S.S. 12 1599: the portions of Sections 6-8 known as Battery Point Light House Reserve; 13 (2) Township 31 South, Range 59 East, Copper River Meridian Section 14 1, excluding the portions of Lots 2 and 3 within the Chilkoot Inlet Alaska Subdivision 15 Section 12: NW1/4, NE1/4, SE1/4 Township 31 South, Range 60 East, Copper River 16 Meridian Section 6: Lots 1-3 Section 7: Lots 1-7 Section 8: Lot 1 Sections 17 and 18 17 Section 19: NE1/4NW1/4, N1/2NE1/4; 18 (3) Township 31 South, Range 60 East, Copper River Meridian Section 19 30: Lots 8 and 9 Section 31 Section 32: SW1/4, W1/2NW1/4SE1/4, 20 W1/2SE1/4NW1/4SE1/4, Lots 9-16 including W1/2SW1/4SE1/4SE1/4; 21 (4) Township 32 South, Range 60 East, Copper River Meridian Section 22 5: W1/2, W1/2SE1/4 Sections 6-9, 15-17, 21 and 22, excluding Tongass National 23 Forest; and 24 (5) the following particularly described parcels: 25 (A) approximately 6.49 acres in U.S. Survey 1243, Haines 26 Recording District, described as: begin on the South line of said survey 27 South 88 degrees 31 minutes 45 seconds East 1950.84 feet from Southwest 28 corner (corner 4 M.C.) of said survey, said point being the Southeast 29 corner of the tract in said survey excepted in the decree in Case No. 68-328 30 of the Superior Court at Juneau, in which the distance is recited as being 31 29.55 chains (1950.30 feet), run thence North 01 degree 12 minutes 00
01 seconds East, on the East line of said excepted tract, 1028.77 feet, recited 02 as 15.59 chains (1028.94 feet) in said decree, to the Northeast corner of 03 said excepted tract; thence North 88 degrees 31 minutes 45 seconds West 04 24.38 feet; thence North 01 degree 27 minutes 45 seconds East 1.85 feet; 05 thence on a 126.92 foot radius curve to the left through a central angle of 06 72 degrees 04 minutes 30 seconds a distance of 159.57 feet, the chord of 07 which bears North 34 degrees 34 minutes 30 seconds West 149.27 feet; 08 thence North 70 degrees 25 minutes 15 seconds West 119.52 feet; thence 09 on a 208.11 foot radius curve to the right through a central angle of 62 10 degrees 04 minutes 00 seconds a distance of 225.48 feet, the chord of which 11 bears North 39 degrees 23 minutes 15 seconds West 214.61 feet to the 12 South line of "Mud Bay Road"; thence North 86 degrees 46 minutes 30 13 seconds East, on said line of "Mud Bay Road," 230.54 feet; thence South 14 70 degrees 25 minutes 15 seconds East 90.95 feet; thence on a 326.92 foot 15 radius curve to the right through a central angle of 71 degrees 57 minutes 16 00 seconds a distance of 410.55 feet, the chord of which bears South 34 17 degrees 30 minutes 45 seconds 384.10 feet; thence South 01 degree 27 18 minutes 45 seconds West 1030.62 feet to the South line of said survey; 19 thence North 88 degrees 31 minutes 45 seconds West 175.38 feet to the 20 point of beginning; 21 (B) approximately .92 acres in Tract "D," C. McRae 22 Subdivision according to Plat 77 - 12, Haines Recording District, described 23 as: begin at the Southwest corner of said Tract "D" which is also the 24 Southwest corner of the North one-half of the Southwest one-quarter of the 25 Northwest one-quarter of Section 32, Township 31 South, Range 60 East 26 of the Copper River Meridian, which bears North 01 degree 26 minutes 00 27 seconds West (Alaska State Plane Grid Bearings) 660.00 feet from the one- 28 quarter corner on the West line of said section and South 01 degree 26 minutes 00 29 seconds East 660.00 feet from the North one-sixteenth corner on the West line of said 30 section, run thence North 01 degree 26 minutes 00 seconds East, on the West line of said 31 section, 347.81 feet to the Northeasterly line of Chilkat State Park Roadway; thence
01 South 32 degrees 56 minutes 15 seconds East 70.04 feet to a point of curve; thence 02 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 03 feet) through an arc of 03 degrees 23 minutes 12 seconds (344.58 feet), the cord of which 04 bears South 31 degrees 14 minutes 45 seconds East 344.53 feet, to the South line of said 05 tract and the South line of the North one-half of the Southwest one-quarter of the 06 Northwest one-quarter of said section; thence North 88 degrees 34 minutes 00 seconds 07 West 225.56 feet to the point of beginning; 08 (C) approximately 3.44 acres in Tract "E," C. McRae 09 Subdivision according to Plat 77 - 12, Haines Recording District, described 10 as: begin at the Northwest corner of said tract which is also the one-sixty- 11 fourth corner on the West line of said section which bears North 01 degree 26 minutes 12 00 seconds East (Alaska State Plane Grid Bearings) 660.00 feet from the one-quarter 13 corner on the West line of Section 32, Township 31 South, Range 60 East of the Copper 14 River Meridian and South 01 degree 26 minutes 00 seconds West 660.00 feet from the 15 North one-sixteenth corner of said section, run thence South 88 degrees 34 minutes 00 16 seconds East, on the North line of said tract which is also the South line of the North 17 one-half of the Southwest one-quarter of the Northwest one-quarter of said section, 18 225.56 feet to a point on the Easterly line of Chilkat State Park Roadway; thence 19 Southerly on a 0 degrees 58 minutes 58 seconds curve to the right (Radius = 5,829.65 20 feet) through an arc of 01 degree 46 minutes 48 seconds (181.10 feet), the chord of which 21 bears South 28 degrees 39 minutes 39 seconds East 181.10 feet, to a point of tangency; 22 thence South 27 degrees 46 minutes 15 seconds East 268.21 feet to a point of curve; 23 thence on a 14 degrees 16 minutes 06 seconds curve to the right (Radius = 401.56) 24 through an arc of 40 degrees 06 minutes 37 seconds (281.12 feet), the chord of which 25 bears South 07 degrees 43 minutes 00 seconds East 275.41 feet to the South line of said 26 tract which is also the South line of the Southwest one-quarter of the Northwest one-quarter of said section; 27 thence North 88 degrees 15 minutes 00 seconds West, on said 28 South line, to the Westerly line of Chilkat State Park Roadway; thence Northerly on a 29 28 degrees 25 minutes 34 seconds curve to the left (Radius = 201.56 feet) through an arc 30 of 50 degrees 59 minutes 51 seconds (179.40 feet), the chord of which bears North 02 31 degrees 15 minutes 15 seconds West 173.54 feet to a point of tangency; thence North 27
01 degrees 46 minutes 15 seconds West 268.21 feet to a point of curve; thence on a 01 02 degree 01 minute 04 seconds curve to the left (Radius = 5,629.65 feet) through an arc of 03 02 degrees 50 minutes 00 seconds (278.39 feet), the chord of which bears North 29 04 degrees 11 minutes 15 seconds West 278.37 feet to the West line of said section; thence 05 North 01 degree 26 minutes 00 seconds East 14.72 feet to the point of beginning.