HB 227: "An Act establishing state fish and game reserves; creating the Holitna River Basin Hunting, Fishing, and Trapping Reserve; and providing for an effective date."
00 HOUSE BILL NO. 227 01 "An Act establishing state fish and game reserves; creating the Holitna River Basin 02 Hunting, Fishing, and Trapping Reserve; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.20 is amended by adding new sections to read: 05 Article 6. Fish and Game Reserves. 06 Sec. 16.20.700. Purpose. The purpose of AS 16.20.700 - 16.20.720 is to 07 promote management activities to rebuild or enhance fish and wildlife populations and 08 habitats to maintain historical and sustainable harvest levels for continued high levels 09 of human consumptive use of these resources. 10 Sec. 16.20.710. Regulations. The Board of Fisheries or the Board of Game, 11 where appropriate, shall adopt regulations identifying areas each considers advisable 12 for conservation and protection purposes to carry out the purpose of AS 16.20.700. 13 Sec. 16.20.720. Holitna River Basin Hunting, Fishing, and Trapping 14 Reserve established. (a) All state-owned surface and subsurface water and all land
01 acquired in the future by the state within the watershed of the Holitna River and 02 Hoholitna River is designated as the Holitna River Basin Hunting, Fishing, and 03 Trapping Reserve. 04 (b) The Holitna River Basin Hunting, Fishing, and Trapping Reserve is 05 established to 06 (1) ensure management and protection of fish and wildlife populations 07 and habitat to perpetuate subsistence, commercial, and sport use of the area's fish and 08 wildlife; 09 (2) implement maximum use and benefit, sustained yield, and common 10 use principles by using effective management techniques for conserving and 11 developing the area's natural resources to regain or maintain historical harvest levels 12 with human consumptive use of these resources as a priority; 13 (3) maintain and enhance healthy and abundant fish and wildlife 14 populations commonly used for consumption by humans to provide high levels of 15 human consumptive use in keeping with amounts determined by the Board of 16 Fisheries and the Board of Game to be reasonably necessary to provide for subsistence 17 uses and with other population and use goals or objectives set by the appropriate 18 board. 19 (c) In order to fulfill the purposes of this section, and notwithstanding any 20 other provision of law, the Department of Fish and Game, the Board of Fisheries, and 21 the Board of Game shall manage the fish and game resources of the area to provide for 22 high levels of human harvest and, as necessary, shall 23 (1) control predation and adjust predator and prey population ratios 24 through whatever methods or means are considered appropriate to particular 25 circumstances; 26 (2) conduct management actions designed to further the purposes of 27 this section so long as the appropriate board has not found, based upon substantial 28 evidence, that the challenged management actions are counterproductive or ineffective 29 in maintaining or enhancing healthy and abundant fish or wildlife populations 30 commonly used for consumption by humans for food to provide for high levels of 31 human consumptive use;
01 (3) use the information the department or the appropriate board 02 considers to be the most credible for conducting management activities, including 03 historic information, scientific information, and traditional environmental knowledge. 04 (d) The Department of Natural Resources may not acquire by eminent domain 05 privately owned land within the Holitna River Basin Hunting, Fishing, and Trapping 06 Reserve but may acquire privately owned land by purchase, exchange, or other means 07 for inclusion in the reserve. 08 (e) Public access to the Holitna River Basin Hunting, Fishing, and Trapping 09 Reserve by boat, aircraft, dog team, snow machine, all-terrain vehicle, or other means 10 consistent with the purposes of this section may not be prohibited but may be 11 regulated by either the Board of Fisheries or Board of Game as necessary to meet the 12 purposes of this section. 13 (f) Access to and from private property within the Holitna River Basin 14 Hunting, Fishing, and Trapping Reserve shall be guaranteed through access corridors 15 established through agreement among the Department of Fish and Game, Department 16 of Natural Resources, and a private property owner. 17 (g) Entry upon the Holitna River Basin Hunting, Fishing, and Trapping 18 Reserve for purposes of exploration and development of oil and gas resources is 19 subject to final approval by the Department of Fish and Game and may not be 20 permitted unless a person fully demonstrates that exploration and development is 21 compatible with the purpose of this section. 22 (h) Except as otherwise provided in this section, the Department of Fish and 23 Game and the Department of Natural Resources shall exercise each department's 24 respective authority over the Holitna River Basin Hunting, Fishing, and Trapping 25 Reserve through a management plan prepared by the Department of Fish and Game in 26 consultation with the Department of Natural Resources. 27 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).