HB 349: "An Act relating to powers of the Board of Game, means of access for hunting, trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety education and game conservation education programs; relating to the purposes of game refuges, fish and game critical habitat areas, and public use areas."
00HOUSE BILL NO. 349 01 "An Act relating to powers of the Board of Game, means of access for hunting, 02 trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety 03 education and game conservation education programs; relating to the purposes of 04 game refuges, fish and game critical habitat areas, and public use areas." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 16.05.221(b) is amended to read: 07 (b) For purposes of the conservation and enhancement [DEVELOPMENT] 08 of the game resources of the state, there is created a Board of Game composed of 09 seven members appointed by the governor, subject to confirmation by a majority of 10 the members of the legislature in joint session. The governor shall appoint each 11 member on the basis of interest in public affairs, good judgment, knowledge, and 12 ability in the field of action of the board, and with a view to providing diversity of 13 interest and points of view in the membership. The appointed members shall be 14 residents of the state and shall be appointed without regard to political affiliation or
01 geographical location of residence. The commissioner is not a member of the Board 02 of Game, but shall be ex officio secretary. 03 * Sec. 2. AS 16.05.255(a) is amended to read: 04 (a) The Board of Game may adopt regulations it considers advisable in 05 accordance with AS 44.62 (Administrative Procedure Act) for 06 (1) setting apart game reserve areas, refuges, and sanctuaries in the 07 water or on the land of the state over which it has jurisdiction, subject to the approval 08 of the legislature; 09 (2) establishing open and closed seasons and areas for the taking of 10 game; 11 (3) establishing the means and methods employed in the pursuit, 12 capture, taking, and transport of game, including regulations, consistent with resource 13 conservation and enhancement [DEVELOPMENT] goals, establishing means and 14 methods that may be employed by persons with physical disabilities; 15 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 16 limitations on the taking of game; 17 (5) classifying game as game birds, song birds, big game animals, fur 18 bearing animals, predators, or other categories; 19 (6) methods, means, and harvest levels necessary to control predation 20 and competition among game in the state; 21 (7) watershed and habitat improvement, and management, conservation, 22 protection, use, disposal, propagation, and stocking of game; 23 (8) prohibiting the live capture, possession, transport, or release of 24 native or exotic game or their eggs; 25 (9) establishing the times and dates during which the issuance of game 26 licenses, permits, and registrations and the transfer of permits and registrations between 27 registration areas and game management units or subunits are [IS] allowed; 28 (10) regulating sport hunting and subsistence hunting as needed for the 29 conservation, enhancement [DEVELOPMENT], and utilization of game; 30 (11) taking game to ensure public safety. 31 * Sec. 3. AS 16.05 is amended by adding a new section to article 6 to read:
01 Sec. 16.05.911. Regulation of the means of access for hunting, trapping, 02 and fishing. Notwithstanding other provisions of law, traditional means of access for 03 purposes of hunting, trapping, or noncommercial fishing may not be restricted except 04 as 05 (1) specifically authorized by act of the legislature; 06 (2) specifically authorized by a regulation adopted by the Board of 07 Fisheries or the Board of Game upon the recommendation of a majority of the local 08 fish and game advisory committees in the area where the regulation would apply and 09 a majority of the local fish and game advisory committees for areas in which the 10 majority of the hunters, trappers, or noncommercial fishermen who use the area reside 11 if the regulation is otherwise consistent with current statutes governing means of access 12 for hunting, trapping, or noncommercial fishing in the area; 13 (3) necessary to maintain sustained yield management of a fish stock 14 or game population or to protect or enhance habitat that is essential to the maintenance 15 of sustained yield management of a fish stock or game population; 16 (4) necessary to achieve the statutory purpose of an area established by 17 law to protect a fish stock or game population or the habitat of a fish stock or game 18 population, such as a refuge, sanctuary, range, or critical habitat area; or 19 (5) necessary to achieve temporary protection for a fish stock or game 20 population or the habitat of a fish stock or game population for a period of less than 21 one year in a specifically identified area. 22 * Sec. 4. AS 16.05.940 is amended by adding a new paragraph to read: 23 (37) "means," "means and methods," and "methods" mean the tools, 24 implements, devices, or vehicles employed to take fish or game, unless the context 25 otherwise requires. 26 * Sec. 5. AS 16.20.020 is repealed and reenacted to read: 27 Sec. 16.20.020. Purposes. The purposes of AS 16.20.010 - 16.20.080 are to 28 (1) protect, enhance, and preserve fish and game habitat and the fish 29 and game that use the habitat; 30 (2) protect, enhance, and preserve traditional public uses of fish and 31 game, including fishing, hunting, trapping, viewing, and photography;
01 (3) perpetuate and enhance general public recreation in a quality 02 environment; 03 (4) provide for additional public uses of the refuges that are consistent 04 with this section. 05 * Sec. 6. AS 16.20.500 is amended to read: 06 Sec. 16.20.500. Purpose. The purpose of AS 16.20.500 - 16.20.690 is to 07 protect , enhance, and preserve habitat areas especially crucial to the perpetuation of 08 fish and wildlife and traditional uses of fish and wildlife [,] and to restrict all other 09 uses not compatible with that primary purpose. 10 * Sec. 7. AS 16.55.010 is amended to read: 11 Sec. 16.55.010. Duties of department. The Department of Fish and Game 12 shall 13 (1) assist in developing and coordinating activities involving private 14 organizations relating to shooting and firearms; 15 (2) assist private nonprofit organizations established for the 16 primary purpose of preserving hunting, fishing, and trapping to develop [A] 17 hunting safety education and game conservation education programs [PROGRAM] 18 for the people of the state; 19 (3) establish a program to assist in the planning, construction , and 20 operation of public shooting ranges. 21 * Sec. 8. AS 16.55.020 is amended to read: 22 Sec. 16.55.020. Powers of department. In the discharge of its duties under 23 AS 16.55.010, the Department of Fish and Game may 24 (1) provide, through a departmental coordinator, technical assistance to 25 municipalities, communities, and organizations; 26 (2) make grants to [MUNICIPALITIES AND] organizations as 27 provided in AS 16.55.030 28 [(A) TO DEVELOP AND OPERATE PUBLIC SHOOTING 29 RANGES AND FACILITIES; AND 30 (B) TO OPERATE PROGRAMS INVOLVING EDUCATION 31 AND TRAINING IN THE SAFE USE OF FIREARMS].
01 * Sec. 9. AS 16.55.030 is amended to read: 02 Sec. 16.55.030. Grants. Subject to legislative appropriation for the purpose, 03 the Department of Fish and Game may make grants to [MUNICIPALITIES AND] 04 private nonprofit organizations established for the primary purpose of preserving 05 hunting, fishing, and trapping to provide hunting safety education and game 06 conservation education [IN ACCORDANCE WITH AS 16.55.020(2). THE 07 DEPARTMENT MAY IMPOSE REASONABLE RESTRICTIONS ON THE USE OF 08 FUNDS GRANTED UNDER THIS SECTION]. 09 * Sec. 10. AS 41.23.010 is amended to read: 10 Sec. 41.23.010. Purpose of AS 41.23.010 - 41.23.040. The purpose of 11 AS 41.23.010 - 41.23.040 is to establish the area described in AS 41.23.040 as the 12 Nelchina Public Use Area. The Nelchina Public Use Area is established to 13 (1) protect , enhance, and preserve [MAINTAIN] fish and wildlife 14 habitat and the fish and wildlife that use the habitat [, PARTICULARLY 15 CARIBOU CALVING AREAS, TRUMPETER SWAN NESTING AREAS, AND 16 OTHER IMPORTANT HABITATS FOR MOOSE, DALL SHEEP, AND BROWN 17 BEAR SO THAT TRADITIONAL PUBLIC USES OF FISH AND WILDLIFE 18 POPULATIONS MAY CONTINUE]; 19 (2) protect, [PERPETUATE AND] enhance , and preserve traditional 20 public uses of fish and wildlife, [PUBLIC ENJOYMENT OF FISH AND WILDLIFE 21 AND THEIR HABITAT] including fishing, hunting, trapping, viewing, and 22 photography; 23 (3) perpetuate and enhance general public recreation in a quality 24 environment; 25 (4) [PERPETUATE AND ENHANCE ADDITIONAL PUBLIC USES 26 DESCRIBED IN THE SUSITNA AREA PLAN; 27 (5)] allow additional public uses of the area that are [IN A MANNER] 28 compatible with the purposes specified in [(1) - (4) OF] this section. 29 * Sec. 11. AS 41.23.020(c) is amended to read: 30 (c) The Nelchina Public Use Area shall be open to mineral entry under 31 AS 38.05.185 - 38.05.275, and the commissioner may adopt regulations to achieve
01 the purposes specified in AS 41.23.010. Each valid existing right or permit shall 02 remain valid and continue in full force and effect according to its terms. Exploration, 03 development, and extraction of subsurface resources shall be allowed in a manner that 04 is compatible with the purposes specified in AS 41.23.010(1) - (3) [AS 41.23.010(1) - 05 (4)]. 06 * Sec. 12. AS 41.23.030(d) is amended to read: 07 (d) The commissioner shall allow traditional access to the Nelchina Public Use 08 Area by motorized or nonmotorized means of transportation to private land, interests 09 in private land, and for lawful sport and subsistence hunting, fishing, trapping, and 10 recreational purposes in a manner that is compatible with the purposes specified in 11 AS 41.23.010(1) - (3) [AS 41.23.010(1) - (4)]. 12 * Sec. 13. AS 41.23.050 is amended to read: 13 Sec. 41.23.050. Purpose of AS 41.23.050 - 41.23.080. The purpose of 14 AS 41.23.050 - 41.23.080 is to establish the area described in AS 41.23.080 as the 15 Ernie Haugen Public Use Area. The Ernie Haugen Public Use Area is established to 16 (1) protect , enhance, and preserve [AND MAINTAIN] fish and 17 wildlife habitat and the fish and wildlife that use the habitat [SO THAT 18 TRADITIONAL PUBLIC USES MAY CONTINUE]; 19 (2) protect, [PERPETUATE AND] enhance , and preserve traditional 20 public uses of fish and wildlife, including [PUBLIC ENJOYMENT] of fishing, 21 hunting, trapping, viewing, and photography; 22 (3) perpetuate and enhance general public recreation in a quality 23 environment; and 24 (4) allow additional public uses of the area that are [, INCLUDING 25 PERSONAL USE WOOD CUTTING, WHEN DETERMINED] compatible with the 26 purposes specified in [(1) - (3) OF] this section. 27 * Sec. 14. AS 41.23.100(b) is repealed and reenacted to read: 28 (b) The Hatcher Pass Public Use Area is established to 29 (1) protect, enhance, and preserve fish and wildlife habitat and the fish 30 and wildlife that use the habitat; 31 (2) protect, enhance, and preserve traditional public uses of fish and
01 wildlife, including fishing, hunting, trapping, viewing, and photography; 02 (3) perpetuate and enhance general public recreation in a quality 03 environment; and 04 (4) allow additional public uses of the area that are compatible with the 05 purposes specified in this subsection. 06 * Sec. 15. AS 41.23.140 is repealed and reenacted to read: 07 Sec. 41.23.140. Purpose of AS 41.23.140 - 41.23.170. The purpose of 08 AS 41.23.140 - 41.23.170 is to establish the area described in AS 41.23.170 as the 09 Goldstream Public Use Area. The Goldstream Public Use Area is established to 10 (1) protect, enhance, and preserve fish and wildlife habitat and the fish 11 and wildlife that use the habitat; 12 (2) protect, enhance, and preserve traditional public uses of fish and 13 wildlife, including fishing, hunting, trapping, viewing, and photography; 14 (3) perpetuate and enhance general public recreation in a quality 15 environment; and 16 (4) allow additional public uses of the area that are compatible with the 17 purposes specified in this section. 18 * Sec. 16. AS 41.23.150(c) is amended to read: 19 (c) Consistent with the purposes of AS 41.23.140(1) - (4) [AS 41.23.140(1) - 20 (3)], the commissioner shall allow uses within the Goldstream Public Use Area, 21 including but not limited to horseback riding, hiking, mining, all terrain vehicle 22 driving, bicycling, dog sledding, cross-country skiing, skijoring, snowmachining, 23 camping, and other traditional public uses of fish stocks and wildlife populations such 24 as fishing, hunting, trapping, viewing, and photographing of moose, trumpeter swan 25 and other waterfowl, otter, beaver, mink, muskrat, and fox. 26 * Sec. 17. AS 41.23.150(d) is amended to read: 27 (d) The Goldstream Public Use Area is open to mineral entry under 28 AS 38.05.185 - 38.05.275, and the commissioner may adopt regulations to achieve the 29 purposes specified in AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)]. Each valid 30 existing right or permit remains valid and continues in full force and effect according 31 to its terms. The commissioner shall permit the exploration, development, and
01 extraction of subsurface resources in a manner that is compatible with the purposes 02 specified in AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)]. 03 * Sec. 18. AS 41.23.160(a) is amended to read: 04 (a) Except as provided in this section, the commissioner may prohibit or 05 restrict uses determined to be incompatible with the purposes of the Goldstream Public 06 Use Area under AS 41.23.140(1) - (3) [AS 41.23.140(1) - (2)] within the state-owned 07 land and water described in AS 41.23.170. 08 * Sec. 19. AS 41.23.160(d) is amended to read: 09 (d) The commissioner shall allow access to the Goldstream Public Use Area 10 by motorized or nonmotorized means of transportation to private land, interests in 11 private land, and for hunting, fishing, trapping, mining, and recreational purposes in 12 a manner that is compatible with purposes specified in AS 41.23.140(1) - (3) 13 [AS 41.23.140(1) - (2)]. Existing trails remain open to public use.