00HOUSE BILL NO. 109                                                                                                    
01 "An Act relating to management of fish and game in Glacier Bay National Park                                            
02 and Preserve and navigable waters."                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 16.20.010 is amended to read:                                                                     
05  Sec. 16.20.010.  Legislative recognition.  The legislature recognizes that                                          
06   (1)  the state has jurisdiction over all fish and game in the state except                                           
07 in those areas where it has assented to federal control;                                                                
08   (2)  the state has not assented to federal control of fish and game in                                               
09    (A)   those areas  that  [WHICH] were set apart as National Bird                                               
10 and Wildlife Refuges while the state was a United States territory;  and                                               
11   (B)  Glacier Bay National Park and Preserve or the navigable                                                        
12 waters within or adjoining the park and preserve;                                                                      
13   (3)  special recognition of the value to the state and the nation of areas                                           
14 of unspoiled habitat and the game characteristic to it will be demonstrated by                                          

01 designating as state game refuges those federal lands  that  [WHICH] were National                                    
02 Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood.                                         
03    * Sec. 2.  AS 16.20.010 is amended by adding a new subsection to read:                                             
04  (b)  In recognition of the fact that the state has not assented to federal control                                    
05 of fish and game in Glacier Bay National Park and Preserve or the navigable waters                                      
06 within or adjoining the park and preserve, that the power to control the management                                     
07 of fish and game within the boundaries of the state is an incident of state sovereignty,                                
08 and that the federal government cannot commandeer the lawmaking processes of the                                        
09 states to compel the state to enact and enforce a federal regulatory program, an agency,                                
10 employee, or agent of the state may not expend funds to adopt, enforce, or otherwise                                    
11 assist in the implementation of the federal regulatory program for control of fish and                                  
12 game in the park and preserve or the navigable waters within or adjoining the park and                                  
13 preserve.