SB 138: "An Act relating to management of game populations for sustained yield for human harvest; providing for the replacement of areas closed to consumptive uses of fish and game; relating to management of fish and game areas; relating to means of transportation to provide access to take game; relating to open and closed seasons and areas for taking game; relating to management and use of game; defining 'sustained yield.'"
00SENATE BILL NO. 138 01 "An Act relating to management of game populations for sustained yield for 02 human harvest; providing for the replacement of areas closed to consumptive uses 03 of fish and game; relating to management of fish and game areas; relating to 04 means of transportation to provide access to take game; relating to open and 05 closed seasons and areas for taking game; relating to management and use of 06 game; defining 'sustained yield.'" 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 16.05 is amended by adding a new section to read: 09 Sec. 16.05.005. Management of game. (a) Notwithstanding another law to 10 the contrary, game populations shall be managed on a biological basis for abundance 11 consistent with sustained yield for human harvest. Consumptive use of game is the 12 highest and best use of game. This section does not apply on land designated as a 13 park or a state game sanctuary where consumptive use of game is prohibited. 14 (b) If the department, the Board of Game, or other agency of the state adopts
01 a regulation closing an area to the taking of a game species for consumptive uses or 02 closing an area to the taking of a game species for consumptive use by a method, 03 manner, or means that was permitted in the area before the closure, the regulation may 04 not take effect until the department, Board of Game, or other state agency opens a new 05 area or areas where the consumptive use or method, manner, or means that was 06 prohibited can occur and where healthy populations of the affected game species are 07 present. The new area or areas opened by the board shall be at least two times larger 08 than the area that was closed. This subsection does not apply to a temporary closure 09 for a period of less than one year based upon a biological emergency. 10 (c) The department may not close, or otherwise restrict, access into an area for 11 the purpose of consumptive use of game by a means of access that has been 12 historically used to gain access to the area for the purpose of consumptive use of fish 13 or game unless the department finds by clear and convincing evidence that the means 14 of access has resulted in significant biological harm to the game population and that 15 the affected game population cannot be rehabilitated without a restriction on the use 16 of the means of access. The department may not adopt regulations subject to this 17 subsection before a program has been implemented to rebuild or enhance the game 18 population in the area. 19 * Sec. 2. AS 16.05 is amended by adding a new section to read: 20 Sec. 16.05.145. Public trust for special fish and game management areas. 21 (a) The state has created a public trust by the acceptance and use of revenue generated 22 from taxes, license fees, and other fees paid by sportsmen, by the acceptance and use 23 of funds received from federal aid in sport fish and wildlife restoration programs, and 24 by the establishment of state game refuges, range areas, special management areas, 25 critical habitat areas, and similar areas established by law. 26 (b) This public trust would be breached by 27 (1) restricting access to state game refuges, range areas, sanctuaries, 28 special management areas, critical habitat areas, and similar areas established by law; 29 (2) restricting sport fishing, hunting, and trapping activities and 30 opportunities on state game refuges, range areas, special management areas, critical 31 habitat areas, and similar areas established by law in a manner that is inconsistent with
01 management on a biological basis for abundance consistent with sustained yield for 02 human harvest; or 03 (3) utilization of the revenue generated from taxes, license fees, and 04 other fees paid by sportsmen or funds received from federal aid in sport fish and 05 wildlife restoration programs 06 (A) in an area where consumptive use of fish and game is not 07 permitted; 08 (B) in an area, or in regard to a fish stock or game population, 09 that is subject to preferences among consumptive uses that are not valid under 10 the state constitution or state law; or 11 (C) for management of nongame species. 12 * Sec. 3. AS 16.05.255(a) is amended to read: 13 (a) Except as provided in (i) of this section, the [THE] Board of Game may 14 adopt regulations it considers necessary [ADVISABLE] in accordance with AS 44.62 15 (Administrative Procedure Act) for 16 (1) setting apart game reserve areas, refuges, and sanctuaries in the 17 water or on the land of the state over which it has jurisdiction, subject to the approval 18 of the legislature; 19 (2) establishing on a biological basis open and closed seasons and 20 areas for the taking of game; 21 (3) establishing , consistent with sustained yield for human harvest, 22 the means and methods employed in the pursuit, capture, taking, and transport of 23 game, including regulations necessary for [, CONSISTENT WITH] resource 24 conservation and development goals, establishing means and methods that may be 25 employed by persons with physical disabilities ; however, the board may not prohibit 26 or restrict access into an area by a means of transportation that has historically 27 been used in that area unless the board finds, based on clear and convincing 28 evidence, that the means of transportation has resulted in significant biological 29 harm to a game population ; 30 (4) setting quotas, bag limits, harvest levels, and sex, age, and size 31 limitations on the taking of game;
01 (5) classifying game as game birds, song birds, big game animals, fur 02 bearing animals, predators, or other categories; 03 (6) methods, means, and harvest levels necessary to control predation 04 and competition among game in the state; 05 (7) watershed and habitat improvement, and management, conservation, 06 protection, use, disposal, propagation, and stocking of game; 07 (8) prohibiting the live capture, possession, transport, or release of 08 native or exotic game or their eggs; 09 (9) establishing the times and dates during which the issuance of game 10 licenses, permits, and registrations and the transfer of permits and registrations between 11 registration areas and game management units or subunits is allowed; 12 (10) regulating sport hunting and subsistence hunting as needed for the 13 conservation, development, and utilization of game [; 14 (11) TAKING GAME TO ENSURE PUBLIC SAFETY]. 15 * Sec. 4. AS 16.05.255 is amended by adding a new subsection to read: 16 (i) In adopting regulations under (a) of this section, the board, except as 17 necessary to provide for the subsistence preference under AS 16.05.258, may not 18 restrict or prohibit a use of game or provide a preference to a use of game by 19 excluding other uses of game based on values or conflicts among different users. 20 * Sec. 5. AS 16.05.940 is amended by adding new paragraphs to read: 21 (37) "high level of human harvest" means the opportunity with a high 22 probability of success for humans to harvest at least one-third of the harvestable 23 surplus of a game population; in this paragraph "high probability of success" means 24 a probability greater than 50 percent that a hunter will take an animal of the species 25 being hunted during a general hunting season or a subsistence hunting season other 26 than a drawing permit hunting season or subsistence hunting season established under 27 AS 16.05.258(b)(4); 28 (38) "sustained yield" means the achievement and maintenance in 29 perpetuity of a high level of human harvest on an annual basis of game, other than 30 mammalian predators, or of fish. 31 * Sec. 6. AS 16.20.020 is amended to read:
01 Sec. 16.20.020. Purpose. The purpose of AS 16.20.010 - 16.20.080 is to 02 conserve, maintain, and develop habitat and game populations [PROTECT AND 03 PRESERVE THE NATURAL HABITAT AND GAME POPULATION] in certain 04 designated areas of the state and to guarantee access to and continuation of public 05 sport fishing, hunting, and trapping activities and opportunities in these areas, 06 consistent with sustained yield . 07 * Sec. 7. AS 16.20.075 is amended to read: 08 Sec. 16.20.075. Regulations. The board shall, under AS 16.05, adopt 09 regulations 10 (1) governing the taking of game on state game refuges it considers 11 necessary [ADVISABLE] for conservation and protection purposes ; 12 (2) guaranteeing access to and continuation of public sport fishing, 13 hunting, and trapping activities and opportunities on state game refuges, 14 consistent with sustained yield . 15 * Sec. 8. AS 16.20 is amended by adding a new section to article 4 to read: 16 Sec. 16.20.295. Purpose. In addition to the purposes stated in AS 16.20.300 - 17 16.20.360, state range areas are created to guarantee access to and continuation of 18 public sport fishing, hunting, and trapping activities and opportunities in these areas, 19 consistent with sustained yield. 20 * Sec. 9. AS 16.20.500 is amended to read: 21 Sec. 16.20.500. Purpose. The purpose of AS 16.20.500 - 16.20.690 is to 22 protect and preserve habitat areas especially crucial to the perpetuation of fish and 23 wildlife, and to restrict all other uses not compatible with that primary purpose and 24 to guarantee access to and continuation of public sport fishing, hunting, and 25 trapping activities and opportunities in critical habitat areas, consistent with 26 sustained yield . 27 * Sec. 10. AS 16.20.510 is amended to read: 28 Sec. 16.20.510. Regulations. The Board of Fisheries and the Board of Game, 29 where appropriate, shall adopt regulations they consider necessary [ADVISABLE] for 30 (1) conservation and protection purposes governing the taking of fish 31 and game in state fish and game critical habitat areas ;
01 (2) guaranteeing access to and continuation of public sport fishing, 02 hunting, and trapping activities and opportunities in fish and game critical habitat 03 areas, consistent with sustained yield .