SB 65: "An Act establishing the Jonesville Public Use Area."
00 SENATE BILL NO. 65 01 "An Act establishing the Jonesville Public Use Area." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.23 is amended by adding new sections to read: 04 Sec. 41.23.280. Purpose of AS 41.23.280 - 41.23.289. The purpose of 05 AS 41.23.280 - 41.23.289 is to protect, maintain, enhance, and perpetuate the present 06 use of the area described in AS 41.23.286 as the Jonesville Public Use Area. The 07 Jonesville Public Use Area is established to 08 (1) protect, maintain, perpetuate, and enhance year-round general 09 public recreation; 10 (2) protect and maintain migratory waterfowl nesting areas and 11 habitats for moose, Dall sheep, brown bear, and other fish and wildlife so that the 12 public may continue to enjoy the fish and wildlife of the Jonesville Public Use Area; 13 (3) provide opportunities for the public to enjoy the area through a full 14 spectrum of public uses, including the maintenance and enhancement of off-road 15 vehicle and nonmotorized recreational opportunities for the public; and
01 (4) allow 02 (A) continued mineral exploration and development activities; 03 (B) motorized access to private property, including property in 04 which a person has a subsurface right, in the Jonesville Public Use Area; and 05 (C) additional public uses of the area determined by the 06 commissioner to be compatible with this section. 07 Sec. 41.23.282. Management. (a) The commissioner is responsible for the 08 management of the surface and subsurface estate of the Jonesville Public Use Area 09 consistent with the purposes of AS 41.23.280. After adequate public hearings, the 10 commissioner may designate incompatible uses and shall adopt and may revise a 11 management plan for the Jonesville Public Use Area. The management plan must 12 include provisions for the enforcement of the plan and compliance with the 13 requirements of the plan. The commissioner shall consult with the Department of Fish 14 and Game in the adoption and revision of the management plan. 15 (b) Subject to valid existing rights, the commissioner may not dispose of the 16 surface estate in state land within the Jonesville Public Use Area. 17 (c) The commissioner of fish and game, the Board of Fisheries, and the Board 18 of Game are responsible for the management of fish and game resources and the 19 public use of fish and wildlife in the Jonesville Public Use Area consistent with the 20 purposes of AS 41.23.280. 21 (d) The Jonesville Public Use Area may not be managed as a unit of the state 22 park system. 23 (e) The commissioner shall identify wetland areas within the Jonesville Public 24 Use Area and provide for the protection and use of the wetland areas in the 25 management plan. 26 (f) The state may not acquire by eminent domain privately owned land within 27 the boundaries described in AS 41.23.286 but may acquire privately owned land 28 located within the boundaries described in AS 41.23.286 by purchase, exchange, or 29 otherwise for inclusion in the Jonesville Public Use Area. 30 Sec. 41.23.284. Incompatible uses. (a) Except as provided in this section, the 31 commissioner may prohibit or restrict uses determined to be incompatible with the
01 purposes of the Jonesville Public Use Area under AS 41.23.280 within the state- 02 owned land and water described in AS 41.23.286. 03 (b) Nothing in AS 41.23.280 - 41.23.289 prohibits the Department of Fish and 04 Game from engaging in rehabilitation, enhancement, and development of fish and 05 wildlife habitat within an area described in AS 41.23.286 that is consistent with the 06 purposes stated in AS 41.21.280. 07 (c) The commissioner may not restrict 08 (1) lawful fishing, hunting, or trapping rights allowed under a 09 regulation of the Board of Fisheries or the Board of Game within the Jonesville Public 10 Use Area; 11 (2) the use of weapons, including firearms, in the Jonesville Public Use 12 Area, except in locations where the commissioner determines that the use of weapons 13 constitutes a threat to public safety; or 14 (3) lawful mineral exploration and development activities within the 15 Jonesville Public Use Area. 16 (d) The commissioner shall 17 (1) allow the Jonesville Public Use Area to be used for activities that 18 (A) are compatible with the reasons for establishing the public 19 use area in AS 41.23.280; and 20 (B) include all-terrain vehicles, aircraft, watercraft, 21 snowmachining, horseback riding, hiking, bicycling, dog sledding, cross- 22 country skiing, skijoring, camping, hunting, fishing, trapping, wildlife viewing, 23 photography, and, where permitted, rifle and pistol ranges, parking of vehicles, 24 and mineral exploration and mining; and 25 (2) recognize the existing off-road motor vehicle trails and the access 26 those trails provide within the Jonesville Public Use Area, make accommodations that 27 will provide the shortest possible route to avoid critical habitat, conduct trail 28 rehabilitation in a way that minimizes damage, maintain and enhance off-road motor 29 vehicle options and opportunities in the Jonesville Public Use Area, and provide for 30 responsible use of the public use area. 31 (e) The commissioner of public safety and the commissioner of fish and game
01 shall have necessary access to the Jonesville Public Use Area for fish and game 02 management, research, and enforcement purposes. 03 (f) If the commissioner determines that a use is incompatible with one or more 04 other uses in a portion of the Jonesville Public Use Area, the commissioner shall state 05 in the management plan adopted or revised under AS 41.23.282 06 (1) each determination of incompatibility; 07 (2) the specific area where the incompatibility is determined to exist; 08 (3) the time within which the incompatibility is determined to exist; 09 and 10 (4) the reasons for the determination of incompatibility. 11 Sec. 41.23.286. Jonesville Public Use Area. Subject to valid existing rights, 12 the vacant and unappropriated state-owned land and water and the state land and water 13 acquired in the future that lie within the following boundaries described in this section 14 are designated as the Jonesville Public Use Area, are reserved for all uses compatible 15 with their primary function as public use land, and are assigned to the department for 16 control and management: 17 (1) Township 19 North, Range 2 East, Seward Meridian 18 Section 1: That portion easterly of Moose Creek 19 Section 12: That portion of N1/2, N1/2SW1/4, and N1/2SE1/4 20 easterly of Moose Creek 21 Section 13: NE1/4, SE1/4NW1/4, and S1/2 22 Section 24: All; 23 (2) Township 19 North, Range 3 East, Seward Meridian 24 Section 2: All 25 Section 3: All 26 Section 4: All 27 Section 5: All 28 Section 6: All 29 Section 7: All 30 Section 8: All 31 Section 9: All
01 Section 10: All 02 Section 11: All 03 Section 14: NE1/4 04 Section 15: N1/2NE1/4 and the North 960 feet of the East 1,815 05 feet of the NW1/4 for each Record of Survey filed as 86-85RS 06 P.R.D. 07 Section 16: All 08 Section 17: All 09 Section 18: All 10 Section 19: NE1/4, E1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4, 11 and Government Lots 1, 2, and 4 12 Section 20: N1/2NE1/4, N1/2NW1/4, and SW1/4NW1/4; 13 (3) Township 20 North, Range 2 East, Seward Meridian 14 Section 36: That portion easterly of Moose Creek; 15 (4) Township 20 North, Range 3 East, Seward Meridian 16 Section 31: All 17 Section 32: All 18 Section 33: All 19 Section 34: All 20 Section 35: All. 21 Sec. 41.23.288. Enforcement authority. (a) In the Jonesville Public Use Area 22 described in AS 41.23.286, the following persons are peace officers of the state for the 23 purpose of enforcing the provisions of AS 41.23.280 - 41.23.289 and regulations 24 adopted under AS 41.23.280 - 41.23.289: 25 (1) an employee of the department or another person authorized by the 26 commissioner; 27 (2) a peace officer, as that term is defined in AS 01.10.060. 28 (b) A person designated in (a) of this section may, when enforcing the 29 provisions of AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 - 30 41.23.289, 31 (1) execute a warrant or other process issued by an officer or court of
01 competent jurisdiction; 02 (2) administer or take an oath, affirmation, or affidavit; and 03 (3) issue a citation or arrest a person who violates a provision of 04 AS 41.23.280 - 41.23.289 or a regulation adopted under AS 41.23.280 - 41.23.289. 05 (c) A citation issued under (b) of this section must comply with the provisions 06 of AS 12.25.175 - 12.25.230. 07 Sec. 41.23.289. Penalty. (a) A person who violates a provision of, or 08 regulation adopted under, AS 41.23.280 - 41.23.289 is guilty of a violation as defined 09 in AS 11.81.900. 10 (b) The supreme court shall establish by order or rule a schedule of bail 11 amounts for violations under (a) of this section that allow the disposition of a citation 12 without a court appearance. 13 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: SCHEDULE OF BAIL AMOUNTS. Notwithstanding 16 AS 41.23.289(b), enacted by sec. 1 of this Act, the supreme court shall have 90 days from the 17 date that the Department of Natural Resources adopts regulations to implement this Act to 18 establish a schedule of bail amounts for violations of AS 41.23.289(a), enacted by sec. 1 of 19 this Act, that allow the disposition of a citation without a court appearance.