00                            HOUSE BILL NO. 266                                                                          
01 "An Act relating to the authority of the Board of Game to adopt, amend, or repeal                                       
02 certain regulations."                                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 16.05.255(a) is amended to read:                                                                   
05            (a)  The Board of Game may, subject to (l) of this section, adopt regulations it                         
06       considers advisable in accordance with AS 44.62 (Administrative Procedure Act) for                                
07                 (1)  setting apart game reserve areas, refuges, and sanctuaries in the                                  
08       water or on the land [OF THE STATE] over which it has jurisdiction, subject to the                                
09       approval of the legislature;                                                                                      
10                 (2)  establishing open and closed seasons and areas for the taking of                                   
11       game;                                                                                                             
12                 (3)  establishing the means and methods employed in the pursuit,                                        
13       capture, taking, and transport of game, including regulations, consistent with resource                           
14       conservation and development goals, establishing means and methods that may be                                    

01       employed by persons with physical disabilities;                                                                   
02                 (4)  setting quotas, bag limits, harvest levels, and sex, age, and size                                 
03       limitations on the taking of game;                                                                                
04                 (5)  classifying game as game birds, song birds, big game animals, fur                                  
05       bearing animals, predators, or other categories;                                                                  
06                 (6)  methods, means, and harvest levels necessary to control predation                                  
07       and competition among game in the state;                                                                          
08                 (7)  watershed and habitat improvement, and management,                                                 
09       conservation, protection, use, disposal, propagation, and stocking of game;                                       
10                 (8)  [PROHIBITING THE LIVE CAPTURE, POSSESSION,                                                         
11       TRANSPORT, OR RELEASE OF NATIVE OR EXOTIC GAME OR THEIR EGGS;                                                     
12                 (9)]  establishing the times and dates during which the issuance of                                     
13       game licenses, permits, and registrations and the transfer of permits and registrations                           
14       between registration areas and game management units or subunits is allowed;                                      
15                 (9) [(10)]  regulating [SPORT HUNTING AND SUBSISTENCE]                                              
16       hunting as needed for the conservation, development, and utilization of game;                                     
17                 (10) [(11)]  taking game to ensure public safety;                                                   
18                 (11) [(12)]  regulating the activities of persons licensed to control                               
19       nuisance wild birds and nuisance wild small mammals;                                                              
20                 (12) [(13)]  promoting hunting and trapping and preserving the heritage                             
21       of hunting and trapping in the state.                                                                             
22    * Sec. 2. AS 16.05.255(c) is amended to read:                                                                      
23            (c)  At least twice a year, the Board of Game shall solicit proposals to                                 
24       amend, adopt, or repeal regulations. The department shall review a proposal and                               
25       provide notice of the proposal to advisory committees established under                                       
26       AS 16.05.260 and to interested persons. The department shall make a copy of the                               
27       proposal available at department offices and on the Internet website of the board.                            
28       If the board [BOARD OF GAME] denies a petition or proposal to amend, adopt, or                                
29       repeal a regulation, the board, upon receiving a written request from the sponsor of the                          
30       petition or proposal, shall, in addition to the requirements of AS 44.62.230, provide a                   
31       written explanation for the denial to the sponsor not later than 30 days after the board                          

01       has officially met and denied the sponsor's petition or proposal, or 30 days after                                
02       receiving the request for an explanation, whichever is later.                                                     
03    * Sec. 3. AS 16.05.255 is amended by adding a new subsection to read:                                              
04            (l)  Except for a proposal to adopt an emergency regulation or order under                                   
05       AS 44.62.250, the department shall provide notice of a proposal from a member of the                              
06       Board of Game to amend, adopt, or repeal a regulation at least 65 days before the                                 
07       board considers the proposal and in the same manner as notice under (c) of this                                   
08       section. The board may not consider a board member's proposal without notice unless                               
09                 (1)  at least two other board members support the proposal;                                             
10                 (2)  the board provides advisory committees and interested persons the                                  
11       opportunity to make recommendations or comment on the proposal; and                                               
12                 (3)  the board makes written findings that                                                              
13                      (A)  the proposal requires the board's expedited consideration                                     
14            because of conservation concerns or significant regulatory problems;                                         
15                      (B)  the subject matter of the proposal would not be before the                                    
16            board for one calendar year but for the board member's proposal; and                                         
17                      (C)  the proposal is in the best interests of the public.