00CS FOR HOUSE BILL NO. 109(RES) am                                                                                     
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.  FINDINGS.  (a)  The legislature finds that                                                           
05   (1)  sustained yield management of fish and game in accordance with the                                               
06 mandate of the Constitution of the State of Alaska assures the maintenance of healthy                                   
07 populations of fish and game and provides the opportunity for a wide range of uses of the fish                          
08 and game resource;                                                                                                      
09   (2)  the State of Alaska recognizes the value of Glacier Bay National Park and                                        
10 Preserve, one of our nation's crown jewels;                                                                             
11   (3)  the State of Alaska has demonstrated competence by state managers in                                             
12 assuring healthy, viable populations of fish and game within the park and preserve, with no                             
13 deleterious effects on the resources or the aesthetic appeal of the area, and the State of Alaska                       
14 desires to continue to do so;                                                                                           

01   (4)  current uses of the park and preserve, including limited and controlled                                          
02 commercial and subsistence uses, constitute integral parts of the park and preserve and reflect                         
03 precisely the purposes for the executive withdrawal that created the original Glacier Bay                               
04 National Monument.                                                                                                      
05  (b)  The legislature further finds that                                                                                
06   (1)  the State of Alaska is the only entity responsible for and capable of                                            
07 assuring the sustained yield management of fish and game throughout the entire state;                                   
08   (2)  the multitude of federal entities that have authority to provide for the                                         
09 management of fish and game in Alaska have jurisdiction over only a patchwork of land and                               
10 water in Alaska and operate under a variety of legal mandates regarding fish and game;                                  
11   (3)  only the State of Alaska bears the public trust responsibility of providing                                      
12 a single, comprehensive scheme of sustained yield management of fish and game to                                        
13 compensate for diverse management objectives pursued by the many federal agencies;                                      
14   (4)  the State of Alaska has consistently demonstrated a greater sensitivity than                                     
15 the federal agencies to sound conservation principles, which, for example, resulted in a                                
16 dramatic recovery of Alaska's fisheries following statehood in 1959 after a lengthy period of                           
17 misguided federal management;                                                                                           
18   (5)  the State of Alaska is committed to continuing its public trust responsibility                                   
19 for the navigable waters within Glacier Bay National Park and Preserve;                                                 
20   (6)  it is not in the best interest of the State of Alaska to acquiesce in and assist                                 
21 in federal takeover of fisheries management in the park and preserve in the face of pending                             
22 litigation challenging federal preemption of state management.                                                          
23    * Sec. 2.  AS 16.20.010 is amended to read:                                                                        
24  Sec. 16.20.010.  Legislative recognition.  The legislature recognizes that                                          
25   (1)  the state has jurisdiction over all fish and game in the state except                                           
26 in those areas where it has assented to federal control;                                                                
27   (2)  the state has not assented to federal control of fish and game in                                               
28    (A)   those areas  that  [WHICH] were set apart as National Bird                                               
29 and Wildlife Refuges while the state was a United States territory;  and                                               
30   (B)  Glacier Bay National Park and Preserve or the navigable                                                        
31 waters within or adjoining the park and preserve;                                                                      

01   (3)  special recognition of the value to the state and the nation of areas                                           
02 of unspoiled habitat and the game characteristic to it will be demonstrated by                                          
03 designating as state game refuges those federal lands  that  [WHICH] were National                                    
04 Bird and Wildlife Refuges or Ranges at the time that Alaska achieved statehood.                                         
05    * Sec. 3.  AS 16.20.010 is amended by adding a new subsection to read:                                             
06  (b)  In recognition of the fact that the state has not assented to federal control                                    
07 of fish and game in Glacier Bay National Park and Preserve or the navigable waters                                      
08 within or adjoining the park and preserve, that the power to control the management                                     
09 of fish and game within the boundaries of the state is an incident of state sovereignty,                                
10 and that the federal government cannot commandeer the lawmaking processes of the                                        
11 states to compel the state to enact and enforce a federal regulatory program, an agency,                                
12 employee, or agent of the state may not expend funds to adopt or enforce the                                            
13 implementation of the federal regulatory program or a part of the program for control                                   
14 of fish and game in the park and preserve or the navigable waters within or adjoining                                   
15 the park and preserve that is in conflict with a state statute or regulation regarding                                  
16 management of fish or game within the park or preserve.  This subsection does not                                       
17 prohibit an agency, employee, or agent of the state from taking action necessary to                                     
18 protect life or property, from commenting on proposed federal statutes or regulations,                                  
19 or from collecting data relating to claims of economic harm arising from the closure                                    
20 of the park and preserve to commercial fishing.