Title 41 — Public Resources
24 chapters · 391 sections in this title.
AS 41.10.070 Term of office.
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The term of office of members is three years.
AS 41.10.075 Board meetings.
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The board shall hold one regular meeting annually at the state capital and one or more additional meetings at a time and place in the state selected by the board.
AS 41.10.080 Vacancies.
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The governor shall fill vacancies by appointment for the unexpired term.
AS 41.10.090 Compensation and per diem.
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Members receive no salary but receive the same per diem and travel expenses authorized for members of state boards.
AS 41.10.100 Duties of board.
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(a) At the request of the commissioner, the board shall meet and advise the commissioner in the exercise of the powers, duties, and functions of the commissioner. (b) The board shall also (1) receive and review reports concerning the use of soil resources of the state; (2) hold p…
AS 41.10.110 Powers of commissioner.
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The commissioner has the power to (1) conduct land capability surveys and investigations of potential agricultural areas and of soil conservation and erosion control, including necessary preventative and control measures, in the state; to publish the results of these surveys and …
AS 41.10.120 Approval of land user.
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A survey, investigation or plan for land may not be undertaken by the commissioner and measures for soil conservation and erosion control may not be carried out without the prior approval of the user of the land.
AS 41.10.130 Creation and boundaries of soil and water conservation districts.
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(a) The commissioner may, on the recommendation of the board, create soil and water conservation districts in the state upon petition signed by 25 or more land users setting out the proposed boundaries of the proposed district. The commissioner shall fix a time for and give notic…
AS 41.10.140 Definitions.
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In this chapter, (1) “board” means the Alaska Natural Resource Conservation and Development Board; (2) “land user” or “user of land” means a person who (A) is a producer of renewable resources, including farming and forestry; and (B) has a current cooperative agreement with a soi…
AS 41.10.150 Short title. [Repealed, § 14 ch 69 SLA 1983.]
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[Repealed or reserved.]
AS 41.14.150 Secs. 41.14.150 — 41.14.200. Enforcement authority; duty to arrest; form and issuance of citation; power to execute warrant; power to search without warrant; seizure and disposition of equipment; forfeiture of equipment; power to administer oaths. [Repealed § 38, E.O. No. 114 (2008).]
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Article 2. Fishways and Hatcheries.
AS 41.14.840 Secs. 41.14.840 — 41.14.900. Fishway required; hatchery required; penalty for violating fishway and hatchery requirements; protection of fish and game; construction without approval prohibited; exemption for emergency situations; penalty for causing material damage; penalty for violations of AS 41.14.870 — 41.14.895. [Repealed § 38, E.O. No. 114 (2008).]
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Article 3. General Provisions.
AS 41.14.990 Definitions. [Repealed, § 38, E.O. No. 114 (2008).]
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[Repealed or reserved.]
AS 41.15.010 Intent.
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It is the intent of AS 41.15.010 — 41.15.170 to provide protection from wildland fire and other destructive agents, commensurate with the values at risk, on forested land that is owned privately, by the state, or by a municipality.
AS 41.15.020 Regulations.
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The commissioner shall, by regulation, make provision for the protection of forested land in the state from fire and other destructive agents.
AS 41.15.025 Fire protection on mental health trust land.
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Land that is in the mental health trust is, for the purpose of wild fire suppression, land owned by the state.
AS 41.15.030 Contracts for forest protection; emergency firefighters.
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(a) The commissioner may enter into necessary protection contracts. (b) The commissioner may hire emergency firefighting personnel, and shall establish classifications and rates of pay for the emergency firefighting personnel consistent with the compensation paid by other firefig…
AS 41.15.040 Right of entry to control and suppress fires.
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(a) Upon approval by the commissioner or an authorized agent, an employee of the division of forestry and fire protection, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fir…
AS 41.15.045 Civil immunity.
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(a) Notwithstanding other provisions of law, a person may not bring a civil action for damages for death, personal injury, or property damage that results from an act or omission in performing or failing to perform activities or duties arising out of prevention, monitoring, contr…
AS 41.15.050 Fire season.
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The period from April 1 to August 31, inclusive, of each year is designated the fire season. The commissioner may, at any time, proclaim an additional period for all or any portion of the state when weather or other conditions require action for the protection of forested land. T…
AS 41.15.060 Permits.
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(a) The commissioner shall, by regulation, prescribe the conditions of and the manner for obtaining a permit for the setting of fires, use of burning devices, and other activities and uses of land that increase fire danger. (b) A person may not set fires, use burning devices, or …
AS 41.15.070 Disposal of burning materials.
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During the fire season, a burn closure, or restriction established under AS 41.15.050, a person may not discard any lighted tobacco, cigar, cigarette, match, firecracker, or other burning material on forested land.
AS 41.15.080 Equipment and notice required.
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[Repealed or reserved.]
AS 41.15.090 Building or leaving fires.
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(a) A person may not start a fire in or near forested land without first clearing the ground immediately around it free from materials that will carry fire. (b) A person who starts a fire in or near forested land may not leave the fire before totally extinguishing the fire.
AS 41.15.100 Setting fires without consent.
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A person may not set on fire forested land or other inflammable material located or growing on land that is not owned, possessed, or controlled by the person, without the consent of the owner or lawful occupant of the land.
AS 41.15.110 Uncontrolled spread of fire; leaving fire unattended.
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(a) A person who knows of a fire or sets a fire on forested land owned, possessed, or controlled by the person, shall exercise due care to prevent the uncontrolled spread of the fire. (b) A person shall make every effort possible to extinguish a fire the person knowingly sets on …
AS 41.15.120 Requirement to assist in preventing or suppressing fires.
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If an officer or employee of the United States or the state who is authorized to prevent, investigate, or suppress fires requests a person to assist in the prevention or suppression of a fire and informs the person of the officer or employee's official status, the person shall as…
AS 41.15.130 Backfires and burnouts excluded.
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AS 41.15.010 — 41.15.040 and 41.15.050 — 41.15.170 do not apply to the setting of backfires, burnouts, and other burning or clearing of land under the direction of an officer or employee of the United States or the state who is authorized to prevent or suppress fires.
AS 41.15.140 Penalty.
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Except as provided in AS 41.15.150, a person who (1) knowingly violates a provision of AS 41.15.040 — 41.15.130 is guilty of a class A misdemeanor punishable as provided in AS 12.55; (2) without any culpable mental state, violates a provision of AS 41.15.040 — 41.15.130 or a regu…
AS 41.15.150 Criminal burning of forested land in the first degree.
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(a) A person commits the crime of criminal burning of forested land in the first degree if (1) the person violates AS 41.15.155; and (2) the person's actions or conduct violate a provision of AS 41.15.010 — 41.15.130 or a regulation adopted under AS 41.15.010 — 41.15.130. (b) Cri…
AS 41.15.155 Criminal burning of forested land in the second degree.
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(a) A person commits the crime of criminal burning of forested land in the second degree if (1) the person knowingly sets a fire; (2) with criminal negligence, the person (A) permits the fire to spread beyond the person's control; or (B) fails to prevent the fire from spreading t…
AS 41.15.160 Double damages in civil actions.
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In addition to the criminal punishment provided for by AS 11.46.400 — 11.46.450, AS 41.15.140, 41.15.150, and 41.15.155, the United States, the state, a municipality, or any person may recover in a civil action double the amount of damages sustained as a consequence of a violatio…
AS 41.15.170 Definitions.
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Article 2. Forest Reserve Fund. In AS 41.15.010 — 41.15.170, (1) “criminal negligence” has the meaning given in AS 11.81.900; (2) “damages” includes costs incurred in suppressing, controlling, or extinguishing a fire; (3) “destructive agent” means an insect, pathogen, or other en…
AS 41.15.180 National forest income.
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Article 3. Fire Suppression Fund. (a) When the commissioner of commerce, community, and economic development receives national forest income under 16 U.S.C. 500, the commissioner shall immediately pay to each organized borough in which national forest land is located a share of t…
AS 41.15.200 Statement of purpose.
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The purpose of AS 41.15.200 — 41.15.230 is to provide a readily available fund for the payment of expenses incurred by the department in suppressing fires.
AS 41.15.210 Fire suppression fund.
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A fire suppression fund is established in the state treasury for the use of the department. The fund shall be used for actual expenses incurred in the suppression of fires. The fund may not be used (1) for capital expenditures; or (2) to fund nonemergency activities of emergency …
AS 41.15.220 Composition of fund.
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The legislature may appropriate from the following sources to the fire suppression fund: (1) money received in settlement of a claim or loss caused by damage as a consequence of a violation of AS 41.15.010 — 41.15.170; (2) money received from federal, state, or other governmental…
AS 41.15.230 Disbursement.
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Upon authorization of the governor, disbursements from the fire suppression fund shall be paid by the proper state officer on presentation of vouchers signed by the governor or the governor's authorized representative.
AS 41.15.240 Records of fire suppression fund.
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Article 4. Haines State Forest Resource Management Area. The department shall maintain accounting records showing the income and expenses of the fire suppression fund.
AS 41.15.300 Haines State Forest Resource Management Area.
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[Repealed or reserved.]
AS 41.15.305 Establishment and boundaries.
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(a) Subject to valid existing rights, the land and water presently owned by the state and all land and water acquired in the future by the state lying within the following described parcels are designated as the Haines State Forest Resource Management Area: (1) all land encompass…
AS 41.15.310 Coordinated management.
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(a) The division of forestry and fire protection shall consult with the division of parks, the Department of Fish and Game, including each local fish and game advisory committee with jurisdiction in the area, and the Alaska Chilkat Bald Eagle Preserve Advisory Council to promote …
AS 41.15.315 Multiple-use management.
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(a) The Haines State Forest Resource Management Area shall be managed under the principles of multiple use and sustained yield and under AS 41.17. (b) The Department of Fish and Game is responsible for the management of fish and game resources in the Haines State Forest Resource …
AS 41.15.320 Management plan and regulations.
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In adopting a forest management plan for the Haines State Forest Resource Management Area under AS 41.17.230, the department shall consult with the Department of Fish and Game and the governing bodies of each municipality in the general area. The Department of Fish and Game shall…
AS 41.15.325 Cooperative management agreements.
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The department may enter into cooperative management agreements with a person who holds title to or has a valid entry on land within or adjoining the boundaries of the Haines State Forest Resource Management Area.
AS 41.15.330 Existing rights.
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Article 5. Miscellaneous Provisions. The establishment of the Haines State Forest Resource Management Area does not affect the terms and conditions of an existing permit or contract involving use of the land, water, or other resources of the Haines State Forest Resource Managemen…
AS 41.15.900 Observance of Arbor Day.
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Article 6. General Provisions. To increase public awareness of the vital importance of the conservation and propagation of trees and forests to the everyday life of the citizens of Alaska, the third Monday in May of each year is designated “Arbor Day.” It shall be observed by app…
AS 41.15.950 Enforcement authority.
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(a) The following persons are peace officers of the state and they shall enforce the provisions of this chapter and the regulations adopted under this chapter: (1) solely for the purpose of enforcing this chapter, an employee of the department, or other person, authorized by the …
AS 41.15.960 Bail schedules.
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The supreme court shall establish by rule or order a schedule of bail amounts for offenses under this chapter or under regulations adopted under this chapter that allow the disposition of a citation without a court appearance. The bail amount may not exceed the maximum fine autho…
AS 41.17.010 Declaration of intent.
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The legislature declares that (1) the forest resources of Alaska are among the most valuable natural resources of the state, and furnish timber and wood products, fish and wildlife, tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare; (2) econo…