HB 266: "An Act relating to the authority of the Board of Game to adopt, amend, or repeal certain regulations."

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.