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

00 CS FOR HOUSE BILL NO. 266(RES) 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, transport, or release of 11 native or exotic game or their eggs; 12 (9) establishing the times and dates during which the issuance of game 13 licenses, permits, and registrations and the transfer of permits and registrations 14 between registration areas and game management units or subunits is allowed; 15 (10) regulating [SPORT HUNTING AND SUBSISTENCE] hunting as 16 needed for the conservation, development, and utilization of game; 17 (11) taking game to ensure public safety; 18 (12) regulating the activities of persons licensed to control nuisance 19 wild birds and nuisance wild small mammals; 20 (13) promoting hunting and trapping and preserving the heritage of 21 hunting and trapping in the state. 22 * Sec. 2. AS 16.05.255(c) is amended to read: 23 (c) At least once 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 new subsections to read: 04 (l) The department shall provide notice of a proposal made by a member of the 05 Board of Game to amend, adopt, or repeal a regulation in the same manner as notice is 06 provided under (c) of this section except that the department shall provide at least 60 07 days' notice before the board considers the proposal. However, the 60-day notice 08 requirement does not apply if 09 (1) at least three members of the board support the proposal and the 10 board 11 (A) provides advisory committees and interested persons the 12 opportunity to make recommendations or comment on the proposal; and 13 (B) makes written findings that 14 (i) the proposal requires the board's expedited 15 consideration because of conservation concerns or significant 16 regulatory problems; 17 (ii) the subject matter of the proposal would not be 18 before the board during the current period in which the board is 19 considering proposals solicited under (c) of this section, but for the 20 board member's proposal; and 21 (iii) the proposal is in the best interests of the public; or 22 (2) the proposal is to 23 (A) adopt an emergency regulation or order under 24 AS 44.62.250; or 25 (B) adopt, amend, or repeal a regulation that the board finds in 26 writing is necessitated by a court ruling or order. 27 (m) Nothing in (l) of this section restricts the board's ability to amend 28 language to clarify a proposal noticed under (c) of this section.