1994-02-04                     Senate Journal                      Page 2684
SB 277                                                                       
SENATE BILL NO. 277 BY THE SENATE 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."                                                        

1994-02-04                     Senate Journal                      Page 2685
SB 277                                                                       
was read the first time and referred to the Resources Committee.               
                                                                               
Zero fiscal note from Department of Fish and Game published today.             
                                                                               
Governor's transmittal letter dated February 4:                                
                                                                               
Dear Mr. President:                                                            
                                                                               
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 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.                                                                         
                                                                               
                                                                               

1994-02-04                     Senate Journal                      Page 2686
SB 277                                                                       
I urge your support of this important bill.                                    
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Walter J. Hickel                                                         
						Governor