00SENATE BILL NO. 68                                                                                                    
01 "An Act relating to cooperation with federal programs relating to management of                                         
02 fish and game."                                                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 16.05 is amended by adding a new section to read:                                                 
05  Sec. 16.05.145.  Cooperation with federal agencies.  (a)  A state agency may                                        
06 not cooperate with a federal agency in the implementation of a federal program that                                     
07 restricts the state management of fish or game in the state unless the commissioner of                                  
08 fish and game finds in writing that the federal agency has entered into an agreement                                    
09 to reimburse the state for the full cost of cooperation.  The commissioner shall include                                
10 in the findings a description of the cost of cooperation with the federal program.                                      
11  (b)  The commissioner shall annually prepare and update as necessary a list of                                        
12 federal programs that restrict state management of fish or game in the state.  The                                      
13 commissioner shall submit the list to the legislature by January 31 of each year                                        
14 together with a report of actions taken under (a) of this section during the preceding                                  

01 calendar year.  The report must                                                                                         
02   (1)  include the findings for each instance in which the commissioner                                                
03 found that a federal agency agreed to reimburse the state for the full cost of                                          
04 cooperation with a federal program;                                                                                     
05   (2)  describe the nature of the cooperation extended to each federal                                                 
06 agency to implement a program included on the list;                                                                     
07   (3)  describe the full cost of cooperation incurred by the state and the                                             
08 amount of reimbursement received or expected by the state for that cooperation; and                                     
09   (4)  describe each instance in which the commissioner found that a                                                   
10 federal agency did not agree to reimburse the state for the full cost of cooperation with                               
11 a federal program included on the list.                                                                                 
12  (c)  In determining the full cost of cooperation with a federal program that is                                       
13 included on the list prepared under (b) of this section, the commissioner shall include                                 
14 the direct cost and associated overhead cost of fish or game management or research                                     
15 activities performed by a state agency that are requested or required by the federal                                    
16 agency for the purpose of implementing the federal program and the cost of acquiring,                                   
17 interpreting, and sharing information collected by a state agency that is requested or                                  
18 required by the federal agency for the purpose of implementing the federal program.                                     
19 If cooperation with the federal program requires or is directly aided by the adoption                                   
20 of regulations or the enactment of law, the commissioner shall include, as part of the                                  
21 full cost of cooperation, the direct cost and associated overhead cost incurred by the                                  
22 department, the Board of Fisheries, the Board of Game, local fish and game advisory                                     
23 committees, the Department of Law, the Department of Public Safety, the Department                                      
24 of Corrections, other state agencies, the legislature, and the court system in reviewing,                               
25 considering, adopting or enacting, implementing, and enforcing the regulation or law                                    
26 and in prosecuting and punishing violations of the regulation or law.                                                   
27  (d)  In this section, "restrict" means preempt or otherwise limit the authority                                       
28 of the state under the Constitution of the State of Alaska to manage the taking of fish                                 
29 or game through regulation of seasons, areas, bag limits, or means and methods.