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