Section 16.20.041. McNeil River State Game Refuge.

   (a) The following state-owned land and water, including the tideland but exclusive of marine water and submerged land, lying within the parcels described in this subsection is established as the McNeil River State Game Refuge:
          Township 10 South, Range 29 West, Seward Meridian
               Section 19: S1/2
               Section 20: SW1/4
               Section 29: W1/2
               Sections 30 - 31
          Township 10 South, Range 30 West, Seward Meridian
               Section 3: SW1/4
               Section 4: SE1/4
               Sections 10 - 11
               Sections 14 - 16
               Section 17: E1/2
               Sections 20 - 23
               Sections 25 - 29
               Section 30: SE1/4
               Section 31: NE1/4, S1/2
               Sections 32 - 36
          Township 11 South, Range 29 West, Seward Meridian
               Sections 1 - 35
               Section 36, except Nordyke Island and its tideland
          Township 11 South, Range 30 West, Seward Meridian
               Sections 1 - 36
          Township 11 South, Range 31 West, Seward Meridian
               Sections 1 - 36
          Township 11 South, Range 32 West, Seward Meridian
               Sections 1 - 36, except land within Katmai National Park and Preserve
          Township 12 South, Range 31 West, Seward Meridian
               Sections 1 - 36
          Township 12 South, Range 32 West, Seward Meridian
               Sections 1 - 36, except land within Katmai National Park and Preserve
          Township 13 South, Range 33 West, Seward Meridian
               Section 1, except land within Katmai National Park and Preserve.
   (b) The McNeil River State Game Refuge is established to
        (1) provide permanent protection for brown bear and other fish and wildlife populations and their habitats, so that these resources may be preserved for scientific, aesthetic, and educational purposes;
        (2) manage human use and activities in a way that is compatible with (1) of this subsection and to maintain and enhance the unique bear viewing opportunities in the McNeil River State Game Sanctuary established under AS 16.20.160;
        (3) provide opportunities that are compatible with (1) of this subsection for wildlife viewing, fisheries enhancement, fishing, hunting, and trapping, for temporary safe anchorage, and for other activities.
   (c) The Board of Game shall determine whether hunting of brown bears within the McNeil River State Game Refuge should be prohibited.
   (d) The use and enjoyment of valid rights and interests in mineral claims, including the right of access, within the McNeil River State Game Refuge is protected. This subsection does not affect the power of the commissioner of natural resources to open or close land within the McNeil River State Game Refuge to new mineral entry under AS 38.05.185 - 38.05.275.
   (e) The department and the Department of Natural Resources
        (1) may not enter into sales of land within the McNeil River State Game Refuge;
        (2) may enter into leases within the McNeil River State Game Refuge if the commissioner finds that activity conducted under the lease is compatible with the purposes for which the refuge is established;
        (3) may not accept transfer of state selected land from the federal government, or conveyance of other land, within the refuge if the land is subject to
             (A) a lease, easement, or other right to operate or maintain a private facility on the land or to conduct a private enterprise on the land; or
             (B) a continuing trespass by an unauthorized private facility or private enterprise.
   (f) The commissioner shall prepare a report and notify the legislature of its availability by January 30 of each year on
        (1) the status of the brown bears and other fish and wildlife resources within the McNeil River State Game Refuge; and
        (2) the effect of hunting, fishing, and trapping, fishery enhancement activity, and mineral resource development on these resources.

Notes

Implemented As

5 AAC 92.510
5 AAC 92.520
5 AAC 95.540
5 AAC 95.542

History

(Sec. 2 ch 56 SLA 1991; am Sec. 21 ch 21 SLA 1995; am Sec. 2 ch 59 SLA 1999)