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24th Legislature(2005-2006)

Bill Text 24th Legislature


00 Enrolled HB 307                                                                                                         
01 Creating the Knik River Public Use Area.                                                                                
02                           _______________                                                                               
03    * Section 1. AS 41.23 is amended by adding new sections to article 1 to read:                                      
04            Sec. 41.23.180. Purpose of AS 41.23.180 - 41.23.230. The purpose of                                        
05       AS 41.23.180 - 41.23.230 is to establish the area described in AS 41.23.230 as the                                
06       Knik River Public Use Area. The Knik River Public Use Area is established to                                      
07                 (1)  perpetuate and enhance                                                                             
08                      (A)  general public recreation;                                                                    
09                      (B)  public enjoyment of fish and wildlife;                                                        
10                 (2)  protect and maintain migratory waterfowl nesting areas; habitats                                   
11       for moose, Dall sheep, and brown bear; and other fish and wildlife habitat so that                                
12       traditional public use of fish and wildlife populations may continue;                                             
13                 (3)  provide an area for the public to enjoy the full spectrum of public                                
14       uses, including maintenance and enhancement of off-road motorized vehicle and                                     
15       nonmotorized recreational opportunities;                                                                          
01                 (4)  allow                                                                                              
02                      (A)  continued motorized access for miners and owners of                                           
03            private property in the Knik River Public Use Area; and                                                      
04                      (B)  additional public uses of the area determined by the                                          
05            commissioner to be compatible with this section.                                                             
06            Sec. 41.23.190. Management. (a) The commissioner is responsible for the                                    
07       management of the land and mineral estate within the Knik River Public Use Area                                   
08       consistent with the purposes of AS 41.23.180. After adequate public hearings, the                                 
09       commissioner may designate incompatible uses and shall adopt and may revise a                                     
10       management plan for the Knik River Public Use Area. The management plan must                                      
11       include provisions for the enforcement of the plan and compliance with the                                        
12       requirements of the plan.                                                                                         
13            (b)  The commissioner of fish and game, the Board of Fisheries, and the Board                                
14       of Game are responsible for the management of fish and game resources and public                                  
15       use of fish and wildlife in the Knik River Public Use Area consistent with the purposes                           
16       of AS 41.23.180.                                                                                                  
17            (c)  The Knik River Public Use Area may not be managed as a unit of the state                                
18       park system.                                                                                                      
19            (d)  The commissioner shall identify wetland areas within the Knik River                                     
20       Public Use Area and provide for the protection and use of the wetland areas in the                                
21       management plan.                                                                                                  
22            Sec. 41.23.200. Incompatible uses. (a) Except as provided in this section, the                             
23       commissioner may prohibit or restrict uses determined to be incompatible with the                                 
24       purposes of the Knik River Public Use Area under AS 41.23.180 within the state-                                   
25       owned land and water described in AS 41.23.230.                                                                   
26            (b)  Nothing in AS 41.23.180 - 41.23.230 prohibits the Department of Fish and                                
27       Game from engaging in rehabilitation, enhancement, and development of fish and                                    
28       wildlife habitat within an area described in AS 41.23.230 that is consistent with the                             
29       purposes stated in AS 41.23.180.                                                                                  
30            (c)  The commissioner may not restrict                                                                       
31                 (1)  lawful fishing, hunting, or trapping rights allowed under a                                        
01       regulation of the Board of Fisheries or the Board of Game in the Knik River Public                                
02       Use Area; or                                                                                                      
03                 (2)  the use of weapons, including firearms, in the Knik River Public                                   
04       Use Area except in locations where the commissioner determines that the use of                                    
05       weapons constitutes a threat to public safety.                                                                    
06            (d)  The commissioner shall                                                                                  
07                 (1)  allow the Knik River Public Use Area to be used for activities that                                
08       are compatible with the reasons for establishing the public use area in AS 41.23.180                              
09       and include all-terrain vehicles, aircraft, watercraft, airboats, snowmobiling, horseback                         
10       riding, hiking, bicycling, dog sledding, cross-country skiing, skijoring, camping,                                
11       hunting, fishing, wildlife viewing, photography, and, where permitted, mineral                                    
12       exploration and mining; and                                                                                       
13                 (2)  recognize the existing off-road motor vehicle trails and the access                                
14       those trails provide to areas in the Knik River Public Use Area, make accommodations                              
15       that will provide the shortest possible route to avoid critical habitat, conduct trail                            
16       rehabilitation in a way that minimizes damage, maintain and enhance off-road motor                                
17       vehicle options and opportunities in the Knik River Public Use Area, and provide for                              
18       increased use of the public use area.                                                                             
19            (e)  The commissioner of public safety and the commissioner of fish and game                                 
20       shall have necessary access for fish and game management, research, and enforcement                               
21       purposes.                                                                                                         
22            Sec. 41.23.210. Enforcement authority. (a) In the Knik River Public Use                                    
23       Area described in AS 41.23.230, the following persons are peace officers of the state                             
24       for the purpose of enforcing the provisions of AS 41.23.180 - 41.23.230 and                                       
25       regulations adopted under AS 41.23.180 - 41.23.230:                                                               
26                 (1)  an employee of the department or other person authorized by the                                    
27       commissioner;                                                                                                     
28                 (2)  a peace officer, as that term is defined in AS 01.10.060.                                          
29            (b)  A person designated in (a) of this section may, when enforcing the                                      
30       provisions of AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 -                               
31       41.23.230,                                                                                                        
01                 (1)  execute a warrant or other process issued by an officer or court of                                
02       competent jurisdiction;                                                                                           
03                 (2)  administer or take an oath, affirmation, or affidavit; and                                         
04                 (3)  arrest a person who violates a provision of AS 41.23.180 -                                         
05       41.23.230 or a regulation adopted under AS 41.23.180 - 41.23.230.                                                 
06            Sec. 41.23.220. Penalty. (a) A person who violates a provision of                                          
07       AS 41.23.180 - 41.23.230 or a regulation adopted under AS 41.23.180 - 41.23.230 is                                
08       guilty of a violation as defined in AS 11.81.900.                                                                 
09            (b)  The supreme court shall establish by order or rule a schedule of bail                                   
10       amounts for violations under (a) of this section that allow the disposition of a citation                         
11       without a court appearance.                                                                                       
12            Sec. 41.23.230. Knik River Public Use Area. Subject to valid existing rights,                              
13       state-owned land and water and the state land and water acquired in the future that lie                           
14       within the boundaries described in this section are designated as the Knik River Public                           
15       Use Area, are reserved for all uses compatible with their primary function as public                              
16       use land, and are assigned to the department for control and management:                                        
17                 (1)  Township 15 North, Range 4 East, Seward Meridian;                                                  
18                 (2)  Township 15 North, Range 5 East, Seward Meridian;                                                  
19                 (3)  Township 15 North, Range 6 East, Seward Meridian;                                                  
20                 (4)  Township 15 North, Range 7 East, Seward Meridian                                                   
21                      Section 3:  NW1/4NW1/4                                                                             
22                      Section 4:  N1/2NE1/4, N1/2NW1/4                                                                   
23                      Section 5:  N1/2NE1/4, NW1/4                                                                       
24                      Section 6:  SW1/4SE1/4, N1/2SE1/4, SW1/4, N1/2                                                     
25                      Section 7:  SW1/4NW1/4, N1/2NW1/4;                                                                 
26                 (5)  Township 16 North, Range 2 East, Seward Meridian                                                   
27                      Section 1:  Portions located below the ordinary high water of                                      
28                       Knik River                                                                                        
29                      Section 2:  Portions located below the ordinary high water of                                      
30                       Knik River                                                                                        
31                      Section 3:  Portions located below the ordinary high water of                                      
01                       Knik River;                                                                                       
02                 (6)  Township 16 North, Range 3 East, Seward Meridian                                                   
03                      Sections 1 - 3                                                                                     
04                      Section 4:  Portions located below the ordinary high water of                                      
05                       Knik River                                                                                        
06                      Section 5:  Portions located below the ordinary high water of                                      
07                       Knik River                                                                                        
08                      Section 6:  Portions located below the ordinary high water of                                      
09                       Knik River                                                                                        
10                      Section 9:  Portions located below the ordinary high water of                                      
11                       Knik River                                                                                        
12                      Section 10:  Portions located below the ordinary high water of                                     
13                       Knik River                                                                                        
14                      Sections 11 - 13                                                                                   
15                      Section 14:  Portions located below the ordinary high water of                                     
16                       Knik River                                                                                        
17                      Section 23:  Portions located below the ordinary high water of                                     
18                       Knik River                                                                                        
19                      Section 24:  Portions located below the ordinary high water of                                     
20                       Knik River;                                                                                       
21                 (7)  Township 16 North, Range 4 East, Seward Meridian;                                                  
22                 (8)  Township 16 North, Range 5 East, Seward Meridian;                                                  
23                 (9)  Township 16 North, Range 6 East, Seward Meridian;                                                  
24                 (10)  Township 16 North, Range 7 East, Seward Meridian                                                  
25                      Section 6:  NW1/4SE1/4, S1/2SE1/4, W1/2                                                            
26                      Section 7                                                                                          
27                      Sections 17 - 20                                                                                   
28                      Section 28:  NW1/4SW1/4, S1/2SW1/4                                                                 
29                      Sections 29 - 32                                                                                   
30                      Section 33:  S1/2NE1/4, SE1/4, W1/2                                                                
31                      Section 34:  SE1/4SW1/4, W1/2SW1/4;                                                                
01                 (11)  Township 17 North, Range 2 East, Seward Meridian                                                  
02                      Section 36:  Portions located below the ordinary high water of                                     
03                       Knik River;                                                                                       
04                 (12)  Township 17 North, Range 3 East, Seward Meridian                                                  
05                      Sections 1 - 5                                                                                     
06                      Sections 9 - 16                                                                                    
07                      Section 17:  S1/2                                                                                  
08                      Sections 20 - 29                                                                                   
09                      Section 31:  NE1/4NE1/4, S1/2NE1/4, SE1/4, SW1/4 located                                           
10                       below the ordinary high water of Knik River                                                       
11                      Sections 32 - 36;                                                                                  
12                 (13)  Township 17 North, Range 4 East, Seward Meridian;                                                 
13                 (14)  Township 17 North, Range 5 East, Seward Meridian;                                                 
14                 (15)  Township 17 North, Range 6 East, Seward Meridian;                                                 
15                 (16)  Township 18 North, Range 6 East, Seward Meridian.                                                 
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