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- Alaska Statutes.
- Title 41. Public Resources
- Chapter 21. Parks and Recreational Facilities
- Section 302. Management of Marine Parks.
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Section 300. Declaration of Purpose.
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Section 304. Designated Land and Water.
AS 41.21.302. Management of Marine Parks.
- (a) The state land and water described in AS 41.21.304
is assigned to the department for control, maintenance, and development consistent with the purposes and provisions of
AS 41.21.300
- 41.21.306.
- (b) The Department of Fish and Game is responsible for the management of fish and game resources on the state land and
water described in AS 41.21.304 consistent with the
purposes of AS 41.21.300
- 41.21.306. The Department of Fish and Game shall
give written notice to and consult with the department before adoption of regulations governing fish and game
management in a marine park unit of the Alaska state park system.
- (c) The department shall develop a management plan for each marine park unit of the Alaska state park system to determine
the specific purposes and uses for the unit. The commissioner shall give written notice and consult with the
Department of Fish and Game, proximately located municipalities of the state, proximately located private landowners,
the United States Forest Service, organizations concerned with conservation, recreation, and tourism, and other
interested parties during the preparation of a management plan for a marine park unit of the Alaska state park system.
A management plan required under this subsection shall be completed by June 14, 1995, for each marine park unit
established before June 14, 1990, and within five years of the establishment of the unit for units established after
June 13, 1990.
- (d) The commissioner may not restrict the exercise of fishing, hunting, or trapping rights permitted under law or under a
regulation of the Board of Fisheries or the Board of Game within a marine park unit of the Alaska state park system.
- (e) The commissioner shall allow the development of aquaculture facilities within a marine park unit of the Alaska state
park system under terms and conditions that ensure that the development is compatible with AS 41.21.300
- 41.21.306.
- (f) The commissioner may enter into a cooperative agreement for
- (1) the management of a marine park unit of the Alaska state park system with a federal agency, a municipality of the
state, or a proximately located private landowner for a purpose stated under AS 41.21.020(a)(7); or
- (2) the management of proximately located federal, municipal, or private land as part of a marine park unit of the Alaska
state park system.
- (g) In the management of a marine park unit of the Alaska state park system the commissioner shall consult and cooperate
with a Native corporation that owns an historical or cultural site granted under 43 U.S.C. 1613(h)(1) (sec. 14(h)(1) of
the Alaska Native Claims Settlement Act) and that is proximately located to a marine park unit of the Alaska state park
system. In the management of a marine park unit of the Alaska state park system the commissioner shall address the
potential conflicts with the cultural and historical values of land granted to a Native corporation under 43 U.S.C.
1613(h)(1) (sec. 14(h)(1) of the Alaska Native Claims Settlement Act) and shall provide for appropriate protection to
these values.
- (h) Nothing in AS 41.21.300
- 41.21.306 precludes the use of or access to land
proximately located to a marine park unit of the Alaska state park system or to mineral claims and leases. The
commissioner shall permit adequate and feasible access across state land within a marine park unit of the Alaska state
park system to and from private and public land within or outside a unit. In the granting of such access the
commissioner may adopt reasonable regulations to protect the natural and other values of the marine park unit land and
water.
- (i) The commissioner may enter into a concession contract under AS 41.21.027 and AS 36 to provide services or construct facilities in a marine park unit of the
Alaska state park system.
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