SB 67: "An Act establishing the Jay Hammond State Game Refuge; and providing for an effective date."
00 SENATE BILL NO. 67 01 "An Act establishing the Jay Hammond State Game Refuge; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.20 is amended by adding a new section to read: 05 Sec. 16.20.045. Jay Hammond State Game Refuge. (a) All state-owned 06 surface and subsurface land and water, and all land acquired in the future by the state, 07 within the hydrographic boundaries of the Kvichak and Nushagak-Mulchatna River 08 drainages, excluding Wood-Tikchik State Park, is designated as the Jay Hammond 09 State Game Refuge and shall be managed as a state refuge for the protection of 10 salmon, trout, caribou, brown bear, and other fish and wildlife species and their habitat 11 and for the use and enjoyment of the people of the state. 12 (b) The Jay Hammond State Game Refuge is established to protect the 13 (1) fish and wildlife habitat and populations, including the salmon and 14 trout spawning and rearing habitat, and critical caribou, moose, and brown bear
01 habitat; 02 (2) public use of fish and wildlife and their habitat, particularly 03 subsistence, commercial, and recreational fishing, hunting, trapping, viewing, and 04 general public recreation in a high quality environment; and 05 (3) use and disposition of other resources when the activities are not 06 incompatible with (1) and (2) of this subsection. 07 (c) The land and water of the Jay Hammond State Game Refuge are closed to 08 mineral entry under AS 38.05.185 - 38.05.275. State land and water within the refuge 09 may not be sold or exchanged without legislative approval. 10 (d) The storage and disposal of industrial waste and the discharge of water that 11 does not meet water quality standards for the growth and propagation of fish is 12 prohibited within the boundaries of the Jay Hammond State Game Refuge. 13 (e) Except as provided in (a) - (d) of this section, the Department of Fish and 14 Game and the Department of Natural Resources shall exercise their respective 15 authorities over the Jay Hammond State Game Refuge consistent with a management 16 plan prepared by the Department of Fish and Game in consultation with the 17 Department of Natural Resources. 18 (f) The state may not acquire private land that is located within the boundaries 19 of the Jay Hammond State Game Refuge by eminent domain. The state may acquire 20 private and other public land within the refuge by purchase, exchange, or otherwise 21 from willing owners for inclusion in the refuge. 22 (g) The establishment of the Jay Hammond State Game Refuge under this 23 section does not impair or alter valid allotment applications filed before the effective 24 date of this Act or access to and from private real property located within the refuge. 25 Access to and from private property shall be permitted through access corridors 26 established by agreement between the landowner and the Department of Fish and 27 Game and the Department of Natural Resources. 28 (h) The Department of Fish and Game shall allow subsistence, recreational, 29 and commercial fishing, hunting, and trapping within the Jay Hammond State Game 30 Refuge under state and federal regulations. The Department of Fish and Game shall 31 also permit support activities associated with hunting, fishing, and trapping when
01 necessary and consistent with (a) - (d) of this section, including aircraft support, off- 02 road vehicle use, and landing strips. 03 (i) Municipally owned land located within the boundaries of the Jay 04 Hammond State Game Refuge may be included in the refuge by mutual agreement of 05 the landowner and the Department of Fish and Game. 06 (j) The Department of Fish and Game shall establish a citizens' advisory 07 committee to work with the department regarding the management of the refuge. 08 Appointments to the citizens' advisory committee shall be recommended by the 09 department and the Lake and Peninsula Borough and include subsistence users and 10 state designees from state, municipal, and tribal entities and representatives from the 11 following interests: 12 (1) tourism and recreation; 13 (2) mining and industry; and 14 (3) sport and commercial fishing. 15 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 INITIAL MANAGEMENT PLAN. The Department of Fish and Game shall complete 18 the initial management plan for the Jay Hammond State Game Refuge to be prepared under 19 AS 16.20.045(e) within two years after the effective date of this Act. 20 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).