Sources: Alaska Statutes, 1987, Titles 16 and 46; 1992 Replacement Volume.
STATE WILDLIFE POLICY
It is the policy of the state to encourage settlement of its land and development of its resources by making them available for maximum use consistent with the public interest. The Legislature shall provide for the utilization, development and conservation of all natural resources belonging to the state, including land and waters, for the maximum benefit of its people. Wherever occurring in their natural state, fish, wildlife, and waters are reserved to the people for common use. Fish, forests, wildlife, grasslands and all other replenishable resources belonging to the state shall be utilized, developed and maintained on the sustained yield principle, subject to preferences among beneficial uses. The Legislature may provide for facilities, improvements, and services to assure greater utilization, development, reclamation, and settlement of lands, and to assure fuller utilization and development of the fisheries, wildlife and waters (Alaska Const. art. VIII, Sections 1-5).
See HABITAT PROTECTION for legislative statement on wildlife refuges and PROTECTED SPECIES OF WILDLIFE for statement on endangered species.
PROTECTED SPECIES OF WILDLIFE
The Legislature recognizes that, due to growth and development, certain species or subspecies of fish and wildlife are now, and may be in the future, threatened with extinction. The Endangered Species Act establishes a program for their continued conservation, protection, restoration and propagation (16.20.180). On land under their respective jurisdictions, the Commissioner and the Commissioner of Natural Resources shall take measures to preserve the natural habitat of species or subspecies of fish and wildlife that are recognized as threatened with extinction (16.20.185). A species or subspecies is considered endangered when the Commissioner determines that its numbers have decreased such that its continued existence is threatened. The Commissioner shall consider: the destruction, drastic modification or severe curtailment of its habitat; its overutilization for commercial or sporting purposes; the effect on it of disease or predation; other natural or man-made factors affecting its continued existence. The Commissioner shall publish a list of the species/subspecies that are endangered, and review the list every two years to determine what changes have occurred. Consideration of existing species or subspecies of fish and wildlife for listing shall be made on a continuing basis. The review of listed species shall be submitted in writing to the Governor and Legislature and made available to the public. In making the species list determination and review, the Commissioner shall seek the advice and recommendation of interested persons and organizations, including, but not limited to, ornithologists, ichthyologists, ecologists and zoologists (16.20.190). An endangered species/subspecies of fish or wildlife may not be harvested, captured or propagated except under a special permit issued by the Commissioner for scientific or educational purposes, or for propagation in captivity for preservation (16.20.195). A person who, without such permit, harvests, injures, imports, exports or captures an endangered species of fish or wildlife is guilty of a misdemeanor (16.20.200). "Fish or wildlife" in this article includes birds (16.20.210).
HABITAT PROTECTION
The Commissioner may require that every dam or other obstruction built across a stream frequented by salmon or other fish have a fishway and a device for efficient passage downstream. The fishway shall be maintained in the place, form and capacity the Commissioner approves, and kept open, unobstructed and supplied with sufficient water to allow free passage of fish (16.05.840). If construction of a fishway is impracticable in the Commissioner's opinion because of cost, the owner of the dam has the option to: pay an acceptable lump sum to the Fish and Game Fund; convey to the state a site of satisfactory size, at a place mutually satisfactory, and erect a fish hatchery and other facilities and give sufficient bond to furnish water, lights and money to operate and maintain a hatchery and rearing ponds; and enter into an agreement with the Commissioner, secured by bond, to pay to the Fish and Game Fund the initial money and annual payments necessary to expand, maintain and operate additional facilities at existing hatcheries within a reasonable distance of the dam or obstruction (16.05.850). Failure to comply with the above provisions within a reasonable time specified by written notice from the Commissioner is a misdemeanor, fine up to $1,000, with each day of noncompliance a separate offense. In addition, the dam or obstruction is a public nuisance and is subject to abatement (16.05.860).
A person may not: obstruct, divert or pollute state waters, either fresh or salt, utilized by salmon for propagation, by felling trees or timber in those waters, casting, passing, throwing, or dumping tree limbs, foliage, stumps, rubbish, earth, stones, rock or other debris, or passing or dumping sawdust, planer shavings, or other waste or refuse in those waters; erect a dam, barricade or obstruction to retard, conserve, impound, or divert waters to prevent free ingress/egress of salmon in the natural spawning process; render waters inaccessible or uninhabitable for salmon for spawning or propagation without a permit or license which sets forth the purpose, plans, waters and location, and persons for which the application is made (16.10.010). If the Department determines that the purpose is to develop power, obtain water for civic, domestic, irrigation, manufacturing, mining or other purposes tending to develop state natural resources, it may grant the permit or license and may require the applicant to construct and maintain adequate fish ladders, fishways or other means by which fish may pass over, around or through the obstruction in the propagation/spawning process (16.10.020). Violation: misdemeanor; fine $100-500 (16.10.030).
The Legislature recognizes that: the state has jurisdiction over all fish and game in the state except in those areas where it has assented to federal control; the state has not assented to federal control of fish and game in those areas which were set apart as National Bird and Wildlife Refuges while the state was a US territory; special recognition of the value to the state and the nation of areas of unspoiled habitat and the game characteristic to it will be demonstrated by designating as state game refuges those federal lands which were National Bird and Wildlife Refuges or Ranges at the time Alaska achieved statehood. The purpose of the State Game Refuge provision [16.20.010 through 16.20.080] is to protect and preserve the natural habitat and game population in certain designated areas (16.20.010 and .020). State Game Refuges are established (16.20.030 through 16.20.041).
[A large number of land areas are described and given refuge, range or sanctuary names in the statutes, including regulations for specified refuges, restrictions governing land acquisitions in such refuges, and agencies responsible for managing each designated area, with specific management goals and requirements (16.20.010 through 16.20.360). Only a few unusual refuges are mentioned here by name.]
Where the use, lease or disposal of real property in state game refuges is under state control/jurisdiction, through federal permit or state ownership, the responsible state agency shall notify the Commissioner before initiating use, lease or disposal of real property (16.20.050). The Commissioner shall require the person/agency to submit full plans for the anticipated use, construction work, protection of fish and game, and proposed construction date, and shall require written approval from the Commissioner before construction is commenced. The Commissioner shall abide by the principle that recognizes preferences among beneficial uses as forth in article VIII of the state constitution (16.20.060). The Board shall adopt regulations governing taking game on state game refuges for conservation and protection purposes (16.20.075).
The Commission shall specify the rivers, lakes and streams that are important for the spawning, rearing, or migration of Anadromous fish (16.05.870). If a person or governmental agency desires to construct a hydraulic project or use, divert, pollute or change the natural flow or bed of a river, lake or stream, or use wheeled or tracked excavation or log-dragging equipment in the bed, the Commissioner shall be notified. Upon request, the person shall submit information on the full plans of the proposed construction, complete plans for proper protection of fish and game, and the approximate date work will begin. If such plans are determined to be insufficient for protection of fish and game, the Commissioner shall notify the person or agency who may request a hearing within 90 days (16.05.870). Construction on a project for which notice is required without approval of plans for proper protection of fish and game is a misdemeanor, and continued work on such project is a public nuisance and subject to abatement. The cost of restoring a river, lake or stream to its original condition shall be borne by the violator and shall be in addition to the penalty imposed by the court (16.05.880). Failure to notify the Commissioner of construction or use that causes material damage to the spawning beds or prevents migration of anadromous fish, or by neglect or noncompliance with the Commissioner's plans and specifications causing such damage is a class A misdemeanor (16.05.895 and .900).
The Boards, where appropriate, shall adopt regulations for conservation and protection governing taking fish and game in these critical habitat areas (16.20.510). Before the use, lease or other disposal of land under private ownership or state jurisdiction and control, within state fish and game critical habitat areas, the person or responsible agency shall notify the Commissioner (16.20.520). When a Board determines that information is required, it shall instruct the Commissioner to require the person/agency to submit: plans for anticipated use; full plans and specifications for proposed construction work; complete plans for protection of fish and game; date on which construction is to begin. The Board shall require the person or agency to obtain the Commissioner's written approval as to the sufficiency of the plans before construction is commenced (16.20.530). Critical habitat areas and allowed public uses are established (16.20.550 through .625). The Commissioner shall submit a list of additional critical habitat areas to the Legislature annually (16.20.690).
Three State Game Sanctuaries are established to protect concentrations of walrus, brown bear and other wildlife (16.20.090 through .162). The boards may adopt regulations governing entry, development, construction, hunting, fishing and other uses or activities for preserving the natural habitat and fish and game (16.20.094); except that, oil and mineral exploration and development is permitted on the Walrus Islands (16.20.096).
There are established State Range Areas for management of bison, moose and other wildlife (16.20.300 through .360).
Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided by law (46.15.030). A government agency or a person may apply to the Commissioner to reserve sufficient water to maintain a specified instream flow or level of water on a stream or body of water for four uses, including protection of fish and wildlife habitat, migration and propagation (46.15.145).
See Agency Powers and Duties under STATE FISH AND WILDLIFE AGENCIES for Departmental acquisitions of habitats and PROTECTED SPECIES OF WILDLIFE for endangered species habitat provisions.
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New Mexico Center for Wildlife Law
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