SSCR 1: Disapproving Executive Order No. 107, relating to the transfer of certain functions of the Department of Fish and Game to the Department of Natural Resources and to the transfer of certain functions within the Department of Natural Resources.
00 SENATE SPECIAL CONCURRENT RESOLUTION NO. 1 01 Disapproving Executive Order No. 107, relating to the transfer of certain functions of 02 the Department of Fish and Game to the Department of Natural Resources and to the 03 transfer of certain functions within the Department of Natural Resources. 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 WHEREAS the governor, under authority of art. III, sec. 23, Constitution of the State 06 of Alaska, has proposed in Executive Order No. 107 to transfer functions of the Department 07 of Fish and Game relating to fishways, anadromous fish streams, and forest resources and 08 practices to the Department of Natural Resources; and 09 WHEREAS Alaska's rivers, streams, and lakes produce the world's healthiest wild 10 sport, commercial, and subsistence fish populations, including unparalleled salmon, trout, 11 steelhead, char, arctic grayling, northern pike, and sheefish populations; and 12 WHEREAS many of the world's largest wild fish, including wild pacific salmon, 13 trout, char, sheefish, and arctic grayling live in Alaska's waters; and 14 WHEREAS the Alaska Department of Fish and Game, division of habitat and 15 restoration has done a much better job protecting wild fish than the responsible agencies of
01 other states, where wild fisheries have been decimated; and 02 WHEREAS there is a conflict between the mission of the Department of Natural 03 Resources and the Department of Fish and Game that threatens to undermine the effectiveness 04 of habitat protection functions placed within the Department of Natural Resources; and 05 WHEREAS the governor can ensure a properly run, efficient division of habitat and 06 restoration within the Department of Fish and Game through proper management and 07 directives from the department's commissioner; and 08 WHEREAS the division of habitat and restoration has in recent years demonstrated 09 its importance in convincing the United States Forest Service to finally require culverts large 10 enough to protect fish after many years by the Forest Service of allowing inadequate culverts 11 that kill fish; and 12 WHEREAS the division of habitat and restoration has been instrumental in 13 convincing instrumentalities of the federal government to allow projects that would otherwise 14 not have been permitted; and 15 WHEREAS a credible division of habitat and restoration within the Department of 16 Fish and Game will be instrumental in providing a science-based biological response to recent 17 studies by agencies as noteworthy as the National Academy of Sciences concluding that oil 18 exploration and development does long-term damage to the North Slope; and 19 WHEREAS five former commissioners of the Department of Fish and Game oppose 20 the transfer of habitat protection functions based on sound biological and policy foundations; 21 and 22 WHEREAS the permitting, monitoring, and enforcement system of the Department of 23 Fish and Game has evolved since Alaska Statehood and has become a model for other 24 jurisdictions; and 25 WHEREAS the habitat permitting, monitoring, and enforcement system in the 26 Department of Fish and Game has provided balanced and sustainable management of fish and 27 game resources in a manner that protects those resources while providing economic 28 opportunities; and 29 WHEREAS the Department of Fish and Game reviews about 2,000 permit requests 30 each year and 99 percent are granted within 15 days with only a small fraction of the other 31 one percent elevated to a dispute resolution process while still fewer are denied; and
01 WHEREAS Executive Order 107 dismantles the existing system of the State of 02 Alaska for maintaining important fish and game habitat and creates an untried habitat 03 permitting, monitoring, and enforcement regime in another department; and 04 WHEREAS, under the provisions of Executive Order 107, the Department of Natural 05 Resources is not under a legal obligation to consider the advice of the Department of Fish and 06 Game; and 07 WHEREAS Executive Order 107 strips all other legal responsibility for monitoring, 08 enforcing, and requiring compliance of anadromous fish stream permits and fishway permits 09 from the Department of Fish and Game; and 10 WHEREAS Executive Order 107 does not require the Department of Natural 11 Resources to consult with the Department of Fish and Game before issuing anadromous fish 12 stream permits or fishway permits; and 13 WHEREAS Executive Order 107 exceeds the governor's authority to make changes 14 only to the executive branch by requiring the Alaska Supreme Court to determine which 15 misdemeanors under the new law AS 41.14 are appropriate for disposition without a court 16 appearance; and 17 WHEREAS Executive Order 107 exceeds the governor's authority to make changes 18 only to the executive branch by requiring the Alaska Supreme Court to participate in an 19 advisory committee; and 20 WHEREAS Executive Order 107 exceeds the governor's authority to make changes 21 only to the executive branch by requiring chairs of the House and Senate Judiciary 22 Committees to participate in an advisory committee; and 23 WHEREAS Executive Order 107 exceeds the governor's authority to make changes 24 only to the executive branch by making changes to laws relating to retirement benefits for 25 certain state employees; and 26 WHEREAS fish and game habitat protection is an integral part of fish and game 27 management under the purview of the Department of Fish and Game, and Executive Order 28 107 may violate the requirement in art. III, sec. 22, Constitution of the State of Alaska, 29 providing that executive branch departments be grouped "as far as practicable according to 30 major purposes"; and 31 WHEREAS Executive Order 107 usurps legislative authority by creating powers that
01 do not now exist, conferring rule-making authority on the deputy commissioner of the 02 Department of Natural Resources and allowing the deputy commissioner to delegate outside 03 the agency, rather than simply transferring existing powers; and 04 WHEREAS, under the provisions of Executive Order 107, the deputy commissioner 05 of the Department of Natural Resources becomes the expert on fish and wildlife habitat and 06 all deference given the Department of Fish and Game on the effects of timber operations on 07 fish habitat will be accorded to the deputy commissioner of the Department of Natural 08 Resources; and 09 WHEREAS Executive Order 107 transfers responsibility for proper protection of fish 10 and game habitat from the Department of Fish and Game and the public Board of Fisheries 11 and Board of Game to the deputy commissioner of the Department of Natural Resources; and 12 WHEREAS art. III, sec. 23, Constitution of the State of Alaska, provides that unless 13 disapproved within 60 days of a regular session by resolution concurred in by a majority of 14 the members of the legislature in joint session, an executive order becomes effective at a date 15 designated by the governor; 16 BE IT RESOLVED by the Alaska State Legislature that Executive Order No. 107 is 17 disapproved.