Sponsor Statement for HB 255

House Bill 255 was crafted using Alaska's Constitution as it's basis.

The Legislature is mandated by the constitution to provide for the utilization, development and conservation of all natural resources belonging to the State, including the land and waters...for the maximum benefit of its people.

Further, wherever occurring in their natural state, the fish, wildlife and waters of the state are reserved to the people for common use.

Under the Alaska Constitution no exclusive right or special privilege of fishery shall be created or authorized in the natural waters of the State.

The laws and regulations which govern the use or disposal of natural resources under the state constitution, shall apply equally to all persons similarly situated with reference to the subject matter and purpose to be served by the law or regulation.

Replenishable resources belonging to the state shall be utilized, developed and maintained on a sustained yield principle, subject to preferences among beneficial users.

HB 255 would establish an allocation mechanism and ensure the allocation for the various uses of the fish and game resources including subsistence use, to be consistent with the principles of sustained yield and will be the result of decisions by the respective Boards of Fish and Game.

The Boards are empowered to adopt criteria upon which to base allocation decisions, including the allocation for subsistence. The Boards will provide regulations to determine who may participate in subsistence hunting and fishing during times of abundance and shortage.

The subsistence allocation will be determined as a percentage of the stock or population that is available, based upon sustained yield. The percentage must provide a preference to satisfy subsistence use.

The Boards of Fish and Game shall distinguish among those provided a subsistence use on the basis of need, customary use and one's ability to obtain food by other means, should restrictions become necessary.

Under the provisions of HB 255, commercial sale of subsistence-taken fish or game is prohibited, however customary trade, barter or sharing for personal or family use is authorized.