CSHB 125(RES): "An Act relating to trapping cabins on state land; and relating to trapping cabin permit fees."
00 CS FOR HOUSE BILL NO. 125(RES) 01 "An Act relating to trapping cabins on state land; and relating to trapping cabin permit 02 fees." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05.850(a) is amended to read: 05 (a) The director, without the prior approval of the commissioner, may issue 06 permits, rights-of-way, or easements on state land for roads, trails, ditches, field 07 gathering lines or transmission and distribution pipelines not subject to AS 38.35, 08 telephone or electric transmission and distribution lines, log storage, oil well drilling 09 sites and production facilities for the purposes of recovering minerals from adjacent 10 land under valid lease, and other similar uses or improvements, or revocable, 11 nonexclusive permits for the personal or commercial use or removal of resources that 12 the director has determined to be of limited value. The commissioner, upon 13 recommendation of the director, shall establish a reasonable rate or fee schedule to be 14 charged for these uses, subject to AS 38.95.080(g) and the exception for nonprofit
01 cooperative associations specified in (b) of this section. In the granting, suspension, or 02 revocation of a permit or easement of land, the director shall give preference to that 03 use of the land that will be of greatest economic benefit to the state and the 04 development of its resources. However, first preference shall be granted to the upland 05 owner for the use of a tract of tideland, or tideland and contiguous submerged land, 06 that is seaward of the upland property of the upland owner and that is needed by the 07 upland owner for any of the purposes for which the use may be granted. 08 * Sec. 2. AS 38.95.080(a) is repealed and reenacted to read: 09 (a) The commissioner may issue a nonexclusive nontransferable permit to a 10 person qualified under this section that, subject to conditions imposed under (c) of this 11 section, entitles the person to 12 (1) construct and use a trapping cabin on state land, if the cabin does 13 not exceed 400 square feet in size; or 14 (2) use an existing cabin on state land, regardless of size, if 15 (A) the owner of the cabin approves; or 16 (B) the cabin is not owned by another person. 17 * Sec. 3. AS 38.95.080(b) is repealed and reenacted to read: 18 (b) The commissioner may issue a permit to a person who 19 (1) is at least 18 years of age; 20 (2) possesses a valid trapping license issued under AS 16.05.330 - 21 16.05.430; 22 (3) provides proof acceptable to the commissioner that the person 23 (A) has an established trapline of sufficient length to justify the 24 need for cabin construction or use; and 25 (B) is engaged in trapping in the area identified in the 26 application. 27 * Sec. 4. AS 38.95.080(c) is amended to read: 28 (c) The director shall establish, by regulation, conditions for a [ATTACHING 29 TO THE] permit issued under [(a) AND (b) OF] this section. The regulations must 30 include the following [THESE] conditions [SHALL INCLUDE THE FOLLOWING]: 31 (1) a permit is valid for a period of not more than 10 years; the
01 director [PERMITS] shall continue to renew the permit for successive periods of 02 not more than 10 years [BE ISSUED FOR A PERIOD OF NOT MORE THAN 10 03 YEARS, WITH SUCCEEDING 10-YEAR RENEWAL OPTIONS], if the permit 04 holder 05 (A) establishes the person's periodic use and occupancy of 06 the cabin; 07 (B) meets [IS ESTABLISHED, AND] the qualifications of [(a) 08 OF] this section [CONTINUE TO BE MET]; 09 (2) an existing [A] cabin or a cabin authorized for construction 10 under a permit issued under this section shall be [CONSTRUCTED AND] 11 maintained according to reasonable specifications established by the commissioner 12 [DIRECTOR]; 13 (3) a primary [ONE] cabin authorized for construction 14 [CONSTRUCTED] under a permit issued under this section may [CONTAIN] not 15 exceed [MORE THAN] 400 square feet; [HOWEVER, IN NO CASE MAY] another 16 cabin constructed under the same permit may not exceed 192 square feet; 17 (4) a permit may be issued for an existing cabin that exceeds 400 18 square feet if 19 (A) the cabin is intended for use as a seasonal shelter while 20 the user is engaged in trapping or trapping-related activities; 21 (B) the person applying for the permit 22 (i) is the owner of the cabin or has previously held a 23 permit for the cabin, or is applying for a permit for a cabin that 24 does not have an owner; and 25 (ii) did not build the cabin without authorization; 26 (5) [(3)] a permit shall specify the number of cabins allowed to be 27 constructed and indicate their specific geographical location; the director may 28 establish a maximum number of cabins for each [PER] person or otherwise limit their 29 number because of the probability of adverse consequences; 30 (6) [(4)] adequate provision must be made for waste and garbage 31 disposal, as determined by the director;
01 (7) [(5)] the payment of a trapping cabin permit fee determined by the 02 director; the fee may not exceed 03 (A) $100 for the issuance or renewal of the permit; and 04 (B) $25 for each year of the term of the permit [OF $10]. 05 * Sec. 5. AS 38.95.080(d) is amended to read: 06 (d) A permit issued under [(a) AND (b) OF] this section is not a disposal of 07 interest and does not convey an interest in land, does not grant or establish a 08 preference right to a lease or purchase of land, and does not allow for other uses 09 of a cabin or land adjacent to a cabin for a purpose other than trapping. A 10 permit does not authorize the permit holder to reside at the cabin or on the state 11 land for which the person holds a permit under this section. A person may 12 [ENTITLES ITS HOLDER TO] use timber in the immediate vicinity of a [THE] cabin 13 for which the person holds a permit for personal noncommercial purposes only. 14 [NO OWNERSHIP RIGHTS TO THE LAND ARE CONVEYED BY THE 15 ISSUANCE OF A TRAPPING CABIN PERMIT UNDER THIS SECTION]. 16 * Sec. 6. AS 38.95.080 is amended by adding new subsections to read: 17 (f) Subject to (a)(2) of this section, if the director determines that it is in the 18 best interests of the state, the director may issue multiple permits for the use of a 19 trapping cabin. 20 (g) The department may not charge an additional land use fee for the use or 21 construction of a trapping cabin authorized by a permit issued under this section. 22 * Sec. 7. AS 38.95.085 is amended to read: 23 Sec. 38.95.085. Definitions for AS 38.95.080 and 38.95.085 [AS 38.95.075 - 24 38.95.085]. In AS 38.95.080 and 38.95.085 [AS 38.95.075 - 38.95.085], 25 (1) "commissioner" means the commissioner of natural resources; 26 (2) "department" means the Department of Natural Resources; 27 (3) "director" means the director of the division of lands in the 28 department. 29 * Sec. 8. AS 38.95.075 is repealed.