Legislature(1997 - 1998)

1998-01-14 House Journal

Full Journal pdf

1998-01-14                     House Journal                      Page 2040
HB 320                                                                       
HOUSE BILL NO. 320 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act establishing a priority for subsistence uses of fish and              
wildlife  that  is  based  on  place  of  residence;  relating  to  the        

1998-01-14                     House Journal                      Page 2041
HB 320                                                                       
management and taking of fish and wildlife for subsistence uses;              
relating to certain definitions for the fish and game code; delaying           
the repeal of the current law regarding subsistence use of fish and            
game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA               
1992; and providing for an effective date."                                    
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (6), Dept. of Fish & Game, 1/14/98                                
Zero fiscal note, Dept. of Public Safety, 1/14/98                              
                                                                               
                                                                               
The Governor's transmittal letter, dated January 14, 1998, appears             
below:                                                                         
                                                                               
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
On behalf of Alaskans and the subsistence task force, I am transmitting        
this bill providing for changes to our subsistence statutes.  This is a        
companion bill to the joint resolution I am also sending you today             
calling for a statewide vote on a constitutional amendment allowing a          
subsistence priority.  Together, these measures will enable the state to       
regain subsistence management of fish and wildlife in areas of Alaska          
now managed by the federal government, and to recognize the                    
paramount importance of the subsistence way of life to Alaskans.               
                                                                               
A main feature of the subsistence provisions of the federal Alaska             
National Interest Lands Conservation Act (ANILCA) is giving rural              
residents of Alaska a priority for subsistence uses of fish and wildlife       
on federal land.  If state law mirrors that priority on state land, the        
state can manage fish and wildlife, for subsistence and all other uses,        
on all lands and waters within its borders. Without an amendment to            
the Alaska Constitution that would allow such a priority, however, the         
Legislature does not have the power to pass a state statute that is            
consistent with ANILCA requirements.  The federal government would             

1998-01-14                     House Journal                      Page 2042
HB 320                                                                       
retain management of subsistence uses on federal lands and take over           
management on certain waters next winter.                                      
                                                                               
                                                                               
The bill would also make other beneficial changes to our subsistence           
law.  For example, it would establish a system of regional councils to         
ensure that Alaskans can participate in decision-making that affects           
fish and wildlife subsistence resources near where those Alaskans live.        
It would also clarify the definitions of several terms in the subsistence      
statutes, including "customary and traditional."  Finally, the bill would      
enable a state resident to hunt and fish for subsistence resources while       
holding a proxy given by a family member or other person who                   
qualifies for the subsistence priority under state law.                        
                                                                               
                                                                               
This proposed bill and accompanying constitutional amendment were              
crafted by a task force I appointed to find a solution to our                  
longstanding subsistence problem.  Joining me on the task force were           
Lt. Governor Fran Ulmer, House Speaker Gail Phillips, Senate                   
President Mike Miller, former Governor Jay Hammond, former                     
Attorney General Charlie Cole, and Byron Mallott, Executive Director           
of the Permanent Fund Corporation.  We agreed the best approach was            
a package that relied on three pieces working together: the                    
constitutional amendment, state statutory changes, and amendments to           
ANILCA, which Congress has already passed.  Neither the statutory              
amendments nor the ANILCA amendments will go into effect until the             
voters approve the constitutional amendment.                                   
                                                                               
                                                                               
Time is of the essence in solving this issue if we are to regain               
management of our resources on federal land.  The current state                
subsistence law sunsets October 1998 and will be replaced by the 1986          
law, which was found unconstitutional in McDowell v. State, 785 P.2d         
1 (Alaska 1989).  This bill postpones the sunset for one more year,            
allowing time to vote on the constitutional amendment this November.           
                                                                               
                                                                               
Meanwhile, this bill would allow the Board of Fisheries and Board of           
Game to immediately begin adopting appropriate regulations so they             
would be ready when the substantive provisions of the bill take effect.        

1998-01-14                     House Journal                      Page 2043
HB 320                                                                       
Regaining subsistence management requires Alaskans to amend the                
state constitution and to enact laws that are consistent with ANILCA's         
provisions.  Passage of this bill is a necessary step toward that goal.        
I urge your prompt consideration.                                              
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"