1994-02-04                     House Journal                      Page 2259
HB 443                                                                       
HOUSE BILL NO. 443 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the confidentiality of certain records relating           
to fish and wildlife; and providing for an effective date."                    
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Fish & Game, 2/4/94                                 
                                                                               
The Governor's transmittal letter, dated February 4, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill to amend AS16.05.815(d) to better protect the              
confidentiality of certain Department of Fish and Game records                 
regarding the location of fish and wildlife.  The existing language was        
enacted at the request of the Department of Fish and Game in 1990.             
However, as demonstrated by a recent court case, the existing language         
is subject to an interpretation not anticipated by the department.             
                                                                               
An Anchorage superior court recently found that the current statute            
places the burden on the department to prove to the court that the             
particular request for those records poses a detriment to the fish or          
wildlife population.  While a single specific request for records might        
                                                                               

1994-02-04                     House Journal                      Page 2260
HB 443                                                                       
not be overly burdensome, the cumulative effect of several such                
requests might cause a severe impact on the limited staff of the               
department.  Existing AS16.05.815(d) leaves the door open to record            
requests entirely unrelated to legitimate scientific research or               
management goals.                                                              
                                                                               
This bill will not disrupt critical scientific research and management         
efforts.  Government agencies, both state and federal, sometimes need          
the information to complement or verify similar research studies or to         
further management and conservation responsibilities.  This bill will          
leave the department with discretion to share the information with             
other government agencies that might have legitimate need for those            
records, as well as with researchers under contract with the state.            
                                                                               
I urge your support of this important bill.                                    
                                                                               
										Sincerely,                                                           
										/s/                                                                  
										Walter J. Hickel                                                     
										Governor"