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25th Legislature(2007-2008)

Bill Text 25th Legislature


00                             SENATE BILL NO. 67                                                                          
01 "An Act establishing the Jay Hammond State Game Refuge; and providing for an                                            
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 16.20 is amended by adding a new section to read:                                                  
05            Sec. 16.20.045. Jay Hammond State Game Refuge. (a) All state-owned                                         
06       surface and subsurface land and water, and all land acquired in the future by the state,                          
07       within the hydrographic boundaries of the Kvichak and Nushagak-Mulchatna River                                    
08       drainages, excluding Wood-Tikchik State Park, is designated as the Jay Hammond                                    
09       State Game Refuge and shall be managed as a state refuge for the protection of                                    
10       salmon, trout, caribou, brown bear, and other fish and wildlife species and their habitat                         
11       and for the use and enjoyment of the people of the state.                                                         
12            (b)  The Jay Hammond State Game Refuge is established to protect the                                         
13                 (1)  fish and wildlife habitat and populations, including the salmon and                                
14       trout spawning and rearing habitat, and critical caribou, moose, and brown bear                                   
01       habitat;                                                                                                          
02                 (2)  public use of fish and wildlife and their habitat, particularly                                    
03       subsistence, commercial, and recreational fishing, hunting, trapping, viewing, and                                
04       general public recreation in a high quality environment; and                                                      
05                 (3)  use and disposition of other resources when the activities are not                                 
06       incompatible with (1) and (2) of this subsection.                                                                 
07            (c)  The land and water of the Jay Hammond State Game Refuge are closed to                                   
08       mineral entry under AS 38.05.185 - 38.05.275. State land and water within the refuge                              
09       may not be sold or exchanged without legislative approval.                                                        
10            (d)  The storage and disposal of industrial waste and the discharge of water that                            
11       does not meet water quality standards for the growth and propagation of fish is                                   
12       prohibited within the boundaries of the Jay Hammond State Game Refuge.                                            
13            (e)  Except as provided in (a) - (d) of this section, the Department of Fish and                             
14       Game and the Department of Natural Resources shall exercise their respective                                      
15       authorities over the Jay Hammond State Game Refuge consistent with a management                                   
16       plan prepared by the Department of Fish and Game in consultation with the                                         
17       Department of Natural Resources.                                                                                  
18            (f)  The state may not acquire private land that is located within the boundaries                            
19       of the Jay Hammond State Game Refuge by eminent domain. The state may acquire                                     
20       private and other public land within the refuge by purchase, exchange, or otherwise                               
21       from willing owners for inclusion in the refuge.                                                                  
22            (g)  The establishment of the Jay Hammond State Game Refuge under this                                       
23       section does not impair or alter valid allotment applications filed before the effective                          
24       date of this Act or access to and from private real property located within the refuge.                           
25       Access to and from private property shall be permitted through access corridors                                   
26       established by agreement between the landowner and the Department of Fish and                                     
27       Game and the Department of Natural Resources.                                                                     
28            (h)  The Department of Fish and Game shall allow subsistence, recreational,                                  
29       and commercial fishing, hunting, and trapping within the Jay Hammond State Game                                   
30       Refuge under state and federal regulations. The Department of Fish and Game shall                                 
31       also permit support activities associated with hunting, fishing, and trapping when                                
01       necessary and consistent with (a) - (d) of this section, including aircraft support, off-                         
02       road vehicle use, and landing strips.                                                                             
03            (i)  Municipally owned land located within the boundaries of the Jay                                         
04       Hammond State Game Refuge may be included in the refuge by mutual agreement of                                    
05       the landowner and the Department of Fish and Game.                                                                
06            (j)  The Department of Fish and Game shall establish a citizens' advisory                                    
07       committee to work with the department regarding the management of the refuge.                                     
08       Appointments to the citizens' advisory committee shall be recommended by the                                      
09       department and the Lake and Peninsula Borough and include subsistence users and                                   
10       state designees from state, municipal, and tribal entities and representatives from the                           
11       following interests:                                                                                              
12                 (1)  tourism and recreation;                                                                            
13                 (2)  mining and industry; and                                                                           
14                 (3)  sport and commercial fishing.                                                                      
15    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       INITIAL MANAGEMENT PLAN. The Department of Fish and Game shall complete                                           
18 the initial management plan for the Jay Hammond State Game Refuge to be prepared under                                  
19 AS 16.20.045(e) within two years after the effective date of this Act.                                                  
20    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).                                                 
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