00CS FOR SENATE BILL NO. 91(RES)                                                                                        
01 "An Act relating to enforcement of subsistence hunting and fishing laws; and                                            
02 repealing the authority of the commissioner of fish and game to assist in the                                           
03 enforcement of federal laws and regulations pertaining to fish and game."                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 18.65 is amended by adding a new section to read:                                                 
06 Article 11.  Miscellaneous Provisions.                                                                                
07  Sec. 18.65.950.  Enforcement of subsistence hunting and fishing laws.  (a)                                          
08 Notwithstanding AS 18.65.090 and except as provided in (c) of this section, the                                         
09 Department of Public Safety may not enforce, or directly assist the enforcement of, a                                   
10 federal statute or regulation governing eligibility to engage in subsistence hunting or                                 
11 fishing in the state if the statute could not be enacted by the state or the regulation                                 
12 could not be adopted by a state department or agency because the statute or regulation                                  
13 violates either the Constitution of the State of Alaska or the Constitution of the United                               
14 States.  This subsection does not apply to assistance provided to a federal law                                         

01 enforcement officer by the Department of Public Safety that is necessary in the                                         
02 unforeseen absence of available assistance from a federal source to avert a present and                                 
03 substantial risk of physical harm to a person.                                                                          
04  (b)  Except as provided under (a) of this section, an employee or law                                                 
05 enforcement agent of a state department or of a state agency or a police officer                                        
06 employed by a municipality may not enforce, or directly assist the enforcement of, a                                    
07 federal statute or regulation governing eligibility to engage in subsistence hunting or                                 
08 fishing in the state if the statute could not be enacted by the state or the regulation                                 
09 could not be adopted by a state department or agency because the statute or regulation                                  
10 violates either the Constitution of the State of Alaska or the Constitution of the United                               
11 States.                                                                                                                 
12  (c)  This section does not apply to the enforcement of 16 U.S.C. 703 - 712                                            
13 (Migratory Bird Treaty Act); 16 U.S.C. 773 - 773k (Northern Pacific Halibut Act of                                      
14 1982); 16 U.S.C. 1361 - 142lh (Marine Mammal Protection Act); 16 U.S.C. 1531 -                                          
15 1544 (Endangered Species Act); 16 U.S.C. 1801 - 1883 (Magnuson-Stevens Fishery                                          
16 Conservation and Management Act); 16 U.S.C. 3631 - 3644 (Pacific Salmon Treaty                                          
17 Act of 1985); or a regulation adopted under these statutes.                                                             
18    * Sec. 2.  AS 16.05.050(a)(1) is repealed.