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- Alaska Statutes.
- Title 16. Fish and Game
- Chapter 5. Fish and Game Code
- Section 935. Restrictions On Cooperation With Federal Government.
previous: Section 930
. Exempted Activities.
next: Section 940
AS 16.05.935. Restrictions On Cooperation With Federal Government.
- (a) In recognition of the fact that the state has not assented to federal control of fish and game in Glacier Bay National
Park and Preserve or the navigable waters within or adjoining the park and preserve, that the power to control the
management of fish and game within the boundaries of the state is an incident of state sovereignty, and that the
federal government cannot commandeer the lawmaking processes of the states to compel the state to enact and enforce a
federal regulatory program, an agency, employee, or agent of the state may not expend funds to adopt or enforce the
implementation of the federal regulatory program or a part of the program for control of fish and game in the park and
preserve or the navigable waters within or adjoining the park and preserve that is in conflict with a state statute or
regulation regarding management of fish or game within the park or preserve. This subsection does not prohibit an
agency, employee, or agent of the state from
- (1) taking action necessary to protect life or property;
- (2) commenting on proposed federal statutes or regulations;
- (3) collecting data relating to claims of economic harm arising from the closure of the park and preserve to commercial
- (4) participating in or cooperating with a federal program established under 16 U.S.C. 703 - 712 (Migratory Bird Treaty
Act); 16 U.S.C. 773 - 773k (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h (Marine Mammal Protection
Act); 16 U.S.C. 1531 - 1544 (Endangered Species Act); 16 U.S.C. 1801 - 1883 (Magnuson-Stevens Fishery Conservation and
Management Act); 16 U.S.C. 3631 - 3644 (Pacific Salmon Treaty Act of 1985).
- (b) Nothing in this title authorizes the department or a board to enter into an agreement with a department or agency of
the federal government that cedes state authority for the management of fish or game in the state to the federal
government. In this subsection, "management" means the regulation of the method, manner, means, time, or place of
taking of fish or game or the regulation of the amount of fish or game that may be taken.
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