Legislature(1997 - 1998)

1998-04-18 House Journal

Full Journal pdf

1998-04-18                     House Journal                      Page 3075
HB 406                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 406                                                            
"An Act relating to subsistence uses of fish and game."                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES)NT 3DP 1DNP 1NR 3AM                              2538         
	2 ZERO FISCAL NOTES (F&G, LAW)                                   2539         
	JUD RPT  CS(JUD) NT 1DP 1DNP 2NR 2AM                             2901         
	INDETERMINATE FISCAL NOTE (H.JUD)                                2902         
	FIN RPT  CS(FIN) NT 1DP 5DNP 4NR 1AM                             3037         
	8 FNS (COURT, LAW, 6-F&G)                                        3038         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 406(FIN)                                                
"An Act authorizing the Board of Fisheries and the Board of Game              
to identify fish and game that are taken or used for subsistence, to           
identify subsistence and nonsubsistence areas, and to establish                
preferences for subsistence fishing and hunting based on the                   
availability of fish and game resources; providing for the                     
identification of qualified subsistence users; providing for the               
regulation of the subsistence taking and use of fish and game;                 
prohibiting and providing a penalty for false reports of information           
relating to the subsistence taking or use of fish or game or to                
eligibility to engage  in  subsistence;  establishing regional                 
advisory  committees;  amending  the  definitions of  'customary               

1998-04-18                     House Journal                      Page 3076
HB 406                                                                       
and traditional,' 'subsistence fishing,' 'subsistence hunting,' and           
'subsistence uses'; repealing the definition of 'rural area'; repealing        
subsistence hunting and fishing statutes that are to take effect upon          
the sunset of the current subsistence hunting and fishing statute;             
and providing for an effective date."                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Therriault:                      
                                                                               
Page 10, line 19:                                                              
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Page 10, line 23:                                                              
	Delete ", and (c) of this section"                                            
                                                                               
Page 10, lines 24 - 27:                                                        
	Delete all material.                                                          
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kubina objected.                                                
                                                                               
**The presence of Representative Martin was noted.                             
                                                                               
Representative Kubina placed a call of the House on the bill.                  
                                                                               
**The presence of Representatives Hanley, Moses and Vezey was                  
noted.                                                                         
                                                                               
The House stood at ease for a half hour.                                       
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1998-04-18                     House Journal                      Page 3077
HB 406                                                                       
                                                                               
CSHB 406(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  30   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson,                 
Elton, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring,                  
Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips,                
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Nays:  Berkowitz, Brice, Davies, Foster, Grussendorf, Ivan, Joule,             
Kemplen, Kubina, Moses                                                         
                                                                               
Davies changed from "Yea" to "Nay".                                            
Grussendorf changed from "Yea" to "Nay".                                       
Kemplen changed from "Yea" to "Nay".                                           
Brice changed from "Yea" to "Nay".                                             
Joule changed from "Yea" to "Nay".                                             
Berkowitz changed from "Yea" to "Nay".                                         
Moses changed from "Yea" to "Nay".                                             
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
                                                                               
Amendment No. 2 was offered  by Representatives Kubina, Berkowitz,              
Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh,             
Moses and Nicholia:                                                            
                                                                               
Page 1, line 1, through page 2, line 1 (title amendment):                      
	Delete all material and insert:                                               
""An Act relating to the management and taking of fish and game               
for subsistence uses; establishing a priority for subsistence uses of          
fish and game that is based on place of residence; 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.""                                  
                                                                               
Page 2, line 3 through page 10, line 28:                                       
	Delete all material and insert:                                               

1998-04-18                     House Journal                      Page 3078
HB 406                                                                       
  "* Section 1.  AS 16.05.258(a) is amended to read:                         
	(a)  In areas or communities classified as rural ¦EXCEPT                 
IN NONSUBSISTENCE AREASá, the Board of Fisheries and the                       
Board of Game shall identify the fish stocks and game                          
populations, or portions of stocks or populations, that are                    
customarily and traditionally taken or used for subsistence.  The              
commissioner may ¦SHALLá provide recommendations to the                    
boards concerning the stock and population identifications.  ¦THE              
BOARDS SHALL MAKE IDENTIFICATIONS REQUIRED                                     
UNDER THIS SUBSECTION AFTER RECEIPT OF THE                                     
COMMISSIONERS RECOMMENDATIONS.á                                                
   * Sec. 2.  AS 16.05.258(b) is amended to read:                            
	(b)  The appropriate board shall determine whether a portion                 
of a fish stock or game population identified under (a) of this                
section can be harvested consistent with sustained yield.  If a                
portion of a stock or population can be harvested consistent with              
sustained yield, the board shall determine the amount of the                   
harvestable portion that is reasonably necessary for subsistence               
uses and                                                                       
		(1)  if the harvestable portion of the stock or population                  
is sufficient to provide for all consumptive uses, the appropriate             
board                                                                          
		(A)  shall adopt regulations that provide a reasonable                     
opportunity for subsistence uses of those stocks or                            
populations;                                                                   
		(B)  shall adopt regulations that provide for other uses                   
of those stocks or populations, subject to preferences among                   
beneficial uses; and                                                           
		(C)  may adopt regulations to differentiate among                          
uses;                                                                          
		(2)  if the harvestable portion of the stock or population                  
is sufficient to provide for subsistence uses and some, but not all,           
other consumptive uses, the appropriate board                                  
		(A)  shall adopt regulations that provide a reasonable                     
opportunity for subsistence uses of those stocks or                            
populations;                                                                   
		(B)  may adopt regulations that provide for other                          
consumptive uses of those stocks or populations; and                           
		(C)  shall adopt regulations to differentiate among                        
consumptive uses that provide for a priority ¦PREFERENCEá                  
for ¦THEá subsistence uses ¦,á if regulations are adopted under                

1998-04-18                     House Journal                      Page 3079
HB 406                                                                       
		(B) of this paragraph;                                                       
		(3)  if the harvestable portion of the stock or population                  
is sufficient to provide for subsistence uses, but no other                    
consumptive uses, the appropriate board shall                                  
		(A)  determine the portion of the stocks or                                
populations that can be harvested consistent with sustained                    
yield; and                                                                     
		(B)  adopt regulations that eliminate other                                
consumptive uses in order to provide a reasonable opportunity                  
for subsistence uses; and                                                      
		(4)  if the harvestable portion of the stock or population                  
is not sufficient to provide a reasonable opportunity for human              
consumptive subsistence uses, the appropriate board shall                    
		(A)  adopt regulations eliminating consumptive uses                        
[,á other than subsistence uses;                                               
		(B)  distinguish among subsistence users ¦,á through                       
limitations based on                                                           
		(i)  the customary and direct dependence on the                           
fish stock or game population by the subsistence user for                      
human consumption as a mainstay of livelihood;                                 
		(ii)  the proximity of the domicile of the                                
subsistence user to the stock or population; and                               
		(iii)  the ability of the subsistence user to obtain                      
food if subsistence use is restricted or eliminated.                           
   * Sec. 3.  AS 16.05.258(c) is repealed and reenacted to read:             
	(c)  The Board of Fisheries and the Board of Game, acting                    
jointly, shall determine by regulation whether each community or               
area in the state should be classified as rural and whether each               
community or area that is currently classified as rural should no              
longer be classified as rural.                                                 
   * Sec. 4.  AS 16.05.258(d) is amended to read:                            
	(d)  The boards may permit subsistence hunting or fishing                  
under the priority established in this section only in areas or                
communities classified as rural.  Fish stocks and game                       
populations, or portions of fish stocks and game populations not               
identified under (a) of this section may be taken only under                   
nonsubsistence regulations.                                                    
   * Sec. 5.  AS 16.05.258(f) is amended to read:                            
	(f)  For purposes of this section, "reasonable opportunity"                  
		(1)  means an opportunity, consistent with customary                  
and   traditional      uses,   ¦AS   DETERMINED   BY   THE                   

1998-04-18                     House Journal                      Page 3080
HB 406                                                                       
APPROPRIATE BOARD, THAT ALLOWS A SUBSISTENCE                                  
USERá to participate in a subsistence hunt or fishery ¦THAT                    
PROVIDES A NORMALLY DILIGENT PARTICIPANTá with a                               
reasonable expectation of success;                                           
		(2)  does not mean a guarantee of taking of fish or                       
game.                                                                          
   * Sec. 6.  AS 16.05.258 is amended by adding a new subsection to          
read:                                                                          
	(g)  This section does not require the Board of Fisheries to                 
close nonretention fishing if the board has made a finding that the            
mortality caused by nonretention fishing does not jeopardize                   
subsistence uses or the conservation of healthy stocks.                        
   * Sec. 7.  AS 16.05.260 is repealed and reenacted to read:                
	Sec. 16.05.260.  Advisory committees.  (a)  The Board of                   
Fisheries and the Board of Game may adopt regulations they                     
consider advisable in accordance with AS 44.62 (Administrative                 
Procedure Act) establishing, at places in the state designated by              
the individual boards, advisory committees composed of persons                 
who collectively represent user groups in the area and who are                 
well informed on the fish or game resources of the locality.  The              
boards shall set the number and terms of the members of the                    
advisory committees, shall delegate one member of each                         
committee as chair, and shall give the chair authority to hold                 
public hearings on fish or game matters.                                       
	(b)  Recommendations from the advisory committees on uses                    
other than subsistence shall be forwarded to the appropriate board             
for its consideration.  If the Board of Fisheries or the Board of              
Game chooses not to follow the recommendations of the local                    
advisory committee, the appropriate board shall inform the                     
appropriate advisory committee of this action and state the reasons            
for not following the recommendations.                                         
	(c)  An advisory committee shall send its recommendations on                 
subsistence uses to the appropriate regional subsistence council.              
If the regional subsistence council does not adopt the                         
recommendation of the advisory committee, the council shall                    
		(1)  inform the advisory committee in writing the reasons                   
for not adopting the recommendation; and                                       
		(2) shall forward to the appropriate board the advisory                     
committee recommendation with the council's reasons for not                    
adopting the recommendations.                                                  
                                                                               

1998-04-18                     House Journal                      Page 3081
HB 406                                                                       
	(d)  The commissioner shall delegate authority to advisory                   
committees for emergency closures during established seasons.                  
The commissioner is empowered to set aside and make null and                   
void only openings of seasons set by advisory committees under                 
this section.  The appropriate board shall adopt the necessary                 
regulations governing these closures.                                          
   * Sec. 8.  AS 16.05 is amended by adding a new section to read:           
	Sec. 16.05.262.  Regional subsistence councils.  (a)  The                  
Board of Fisheries and the Board of Game shall jointly adopt                   
regulations necessary to implement this section, including                     
regulations establishing at least six subsistence resource regions             
that, taken together, cover the entire state.  The number and                  
boundaries of the regions must be sufficient to ensure that regional           
differences in subsistence uses are adequately accommodated.                   
	(b)  Each subsistence resource region must be represented by                 
a regional subsistence council with members appointed by the                   
governor.  Each regional subsistence council must have 10                      
members, four of whom shall be selected from nominees who                      
reside in that region of the state submitted by tribal councils in the         
region, and six of whom shall be selected from nominees                        
submitted by local governments and local advisory committees.                  
Three of these six must be subsistence users who reside in the                 
region of the state and three must be sport or commercial users.               
Sport and commercial representatives may be residents of any                   
subsistence resource region in the state.  The regulations must                
provide for staggered terms of council members.  The maximum                   
term is three years, with no limit on the number of terms served.              
A quorum is a majority of the members of a council.                            
	(c)  Regional subsistence councils shall strive for consensus,               
but recommendations must be decided by majority vote.                          
	(d)  Each regional subsistence council has the authority to                  
		(1)  elect officers and adopt rules of procedure to govern                  
meetings;                                                                      
		(2)  hold public meetings on fish and game matters and                      
solicit proposals from the public on subsistence uses;                         
		(3)  review, evaluate, and make a recommendation, in                        
consultation with the local fish and game advisory committees in               
its region and with the department,  to a board on existing or                 
proposed regulations, policy, or management plan, or any other                 
matter directly relating to the subsistence use of fish and game in            
the region;                                                                    

1998-04-18                     House Journal                      Page 3082
HB 406                                                                      
		(4)  comment on proposed regulations on hunting and                         
sport, personal use, and commercial fishing;                                   
		(5)  make recommendations concerning permits provided                       
in AS 16.05.330(e);                                                            
		(6)  submit to the boards, the department, and the                          
secretaries of the United States Department of the Interior and the            
United States Department of Agriculture, by November 15 of each                
year, an annual report, containing the following:                              
		(A)  an identification of current and anticipated                          
subsistence uses of fish and game populations in the region,                   
and other fish and game uses that the council identifies;                      
		(B)  an evaluation of current and anticipated                              
subsistence needs for use of fish and game populations in the                  
region, and of other fish and game needs that the council                      
identifies;                                                                    
		(C)  suggest a strategy for the management of fish                         
and game populations in the region to accommodate the                          
identified fish and game uses and needs; and                                   
		(D)  recommendations concerning policies, standards,                       
guidelines, and regulations to implement the suggested                         
strategy; and                                                                  
		(7)  perform other duties specified by a board.                             
	(e)  Each council shall provide a forum for and assist its                   
region's local fish and game advisory committees in obtaining the              
opinions and proposals of persons interested in fish and game                  
matters so as to achieve the greatest possible local participation in          
the decision-making process.                                                   
	(f)  Regulatory proposals submitted to a board relating                      
primarily to subsistence issues, initiated by the public or by a local         
fish and game advisory committee, must be reviewed by the                      
appropriate regional subsistence council before the board takes                
action on the proposal.                                                        
	(g)  Regional subsistence councils may meet to develop                       
recommendations on interregional proposals and issues.                         
	(h)  The appropriate board shall consider the reports and                    
recommendations of the regional subsistence councils and shall                 
give deference to the councils subsistence recommendations.  If                
the council recommendation is unanimous, there is a presumption                
in favor of adoption by the board.  However, the board may decide              
not to adopt any recommendation that it determines (1) violates                
the sustained yield principle; (2) is not supported  by substantial            

1998-04-18                     House Journal                      Page 3083
HB 406                                                                       
evidence; (3) is detrimental to subsistence uses; (4) involves an             
unresolved statewide or interregional subsistence management                   
issue; or (5) is contrary to an overriding statewide fish or game              
management interest.  If a recommendation is not adopted by the                
board, the board shall provide a written statement of the factual              
basis and reasons for its decision and shall remand the                        
recommendation to the regional subsistence council for further                 
consideration.                                                                 
	(i)  A regional subsistence council shall give deference to                  
proposals from local governments, tribal councils, and local                   
advisory committees that identify local subsistence needs and uses,            
methods, means, seasons, and other issues related to local                     
subsistence management.                                                        
	(j)  Regional subsistence councils may use a mediation                       
process.                                                                       
	(k)  When implementing the provisions of this section, the                   
boards, the regional subsistence councils, and the department shall            
seek data from, consult with, and make use of the special                      
knowledge of subsistence users.  If appropriate to implement the               
provisions of this section, the department may contract for services           
with subsistence users and local groups in order to use special                
knowledge of resources in the region.                                          
	(l)  The regional subsistence councils shall be adequately                   
financed.                                                                      
   * Sec. 9.  AS 16.05.330(c) is amended to read:                            
	(c)  The Board of Fisheries and the Board of Game may adopt                  
regulations providing for the issuance and expiration of subsistence           
permits for areas, villages, communities, groups, or individuals as            
needed for authorizing, regulating, and monitoring the subsistence             
harvest of fish and game.  To be eligible to take fish or game in            
a rural community or area using the subsistence priority in                    
AS16.05.258, a person must be a resident domiciled in that                     
community or area ¦THE BOARDS SHALL ADOPT THESE                              
REGULATIONS WHEN THE SUBSISTENCE PREFERENCE                                    
REQUIRES A REDUCTION IN THE HARVEST OF A FISH                                  
STOCK OR GAME POPULATION BY NONSUBSISTENCE                                     
USERSá.                                                                        
   * Sec. 10.  AS 16.05.330 is amended by adding a new subsection to         
read:                                                                          
	(e)  The Board of Fisheries and the Board of Game shall adopt                
regulations  allowing  the  commissioner  to issue permits for the             

1998-04-18                     House Journal                      Page 3084
HB 406                                                                       
taking of fish and game in order to teach and preserve historic or            
traditional uses and harvest practices.  The permits issued under              
the regulations adopted under this subsection do not entitle                   
successful applicants to the subsistence priority under                        
AS16.05.258.                                                                   
   * Sec. 11.  AS 16.05.940(7) is amended to read:                           
		(7)  "customary and traditional" means the noncommercial,                   
long-term, and consistent taking of, use of, and reliance upon fish            
or game in a specific area and the ¦USEá patterns of taking or use         
of that fish or game that have been established over a reasonable              
period of time taking into consideration the availability of the fish          
or game;                                                                       
   * Sec. 12.  AS 16.05.940(8) is amended to read:                           
		(8)  "customary trade" means the limited noncommercial                      
exchange, for cash, of fish or game or their parts in minimal              
quantities ¦AMOUNTS OF CASHá, as restricted by the                         
appropriate board ¦, OF FISH OR GAME RESOURCESá; the                           
terms of this paragraph do not restrict money sales of furs and                
furbearers;                                                                    
   * Sec. 13.  AS 16.05.940(11) is amended to read:                          
		(11)  "domicile" means the true and permanent home of                       
a person from which the person has no present intention of moving              
and to which the person intends to return whenever the person is               
away; ¦DOMICILE MAY BE PROVED BY PRESENTING                                    
EVIDENCE ACCEPTABLE TO THE BOARDS OF FISHERIES                                 
AND GAME;á                                                                     
   * Sec. 14.  AS 16.05.940(27) is repealed and reenacted to read:           
		(27)  "rural community or area" is a community or area                      
classified by the Board of Fisheries and the Board of Game to be               
substantially dependent on fish and game for nutritional and other             
subsistence uses;                                                              
   * Sec. 15.  AS 16.05.940(30) is amended to read:                          
		(30)  "subsistence fishing" means the taking of, fishing                    
for, or possession of fish, shellfish, or other fisheries resources            
[BY A RESIDENT DOMICILED IN A RURAL AREA OF THE                                
STATEá for subsistence uses with gill net, seine, fish wheel, long             
line, or other means defined by the Board of Fisheries;                        
   * Sec. 16.  AS 16.05.940(31) is amended to read:                          
		(31)  "subsistence hunting" means the taking of, hunting                    
for, or possession of game ¦BY A RESIDENT DOMICILED IN                         
                                                                               

1998-04-18                     House Journal                      Page 3085
HB 406                                                                       
A RURAL  AREA  OF  THE  STATEá  for subsistence uses by                       
means defined by the Board of Game;                                            
   * Sec. 17.  AS 16.05.940(32) is amended to read:                          
		(32)  "subsistence uses" means the noncommercial,                           
customary and traditional uses of wild, renewable resources ¦BY                
A RESIDENT DOMICILED IN A RURAL AREA OF THE                                    
STATEá for direct personal or family consumption as food, shelter,             
fuel, clothing, tools, or transportation, for the making and selling           
of handicraft articles out of nonedible by-products of fish and                
game ¦WILDLIFEá resources taken for personal or family                     
consumption, and for the customary trade, barter, or sharing for               
personal or family consumption; in this paragraph, "family" means              
persons related by blood, marriage, or adoption, and a person                  
living in the household on a permanent basis;                                  
   * Sec. 18.  AS 38.05.945(d) is amended to read:                           
	(d)  Notice at least 30 days before action under (a)(5) of this              
section shall be given to appropriate                                          
		(1)  regional subsistence ¦FISH AND GAMEá councils                      
established under AS 16.05.262 ¦AS 16.05.260á; and                         
		(2)  coastal resource service areas organized under                         
AS46.40.110 - 46.40.210.                                                       
   * Sec. 19.  Section 12, ch. 1, SSSLA 1992, as amended by sec. 3,          
ch. 68, SLA 1995, sec. 3, ch. 130, SLA 1996, and sec. 1, ch. 109, SLA          
1997, is amended to read:                                                      
	Sec. 12.  Sections 3 and 5 of this Act take effect October 1,                
1999 ¦1998á.                                                               
   * Sec. 20.  Sections 3 and 5, ch. 1, SSSLA 1992, are repealed.            
   * Sec. 21.  Section 12, ch. 1, SSSLA 1992, as amended by sec. 3,          
ch. 68, SLA 1995, sec. 3, ch. 130, SLA 1996, sec. 1, ch. 109, SLA              
1997, and sec. 19 of this Act, is repealed.                                    
   * Sec. 22.  TRANSITION: AREAS AND COMMUNITIES                             
CLASSIFIED AS RURAL.  All communities and areas outside the                    
nonsubsistence areas established by regulations adopted by the Board           
of Fisheries and the Board of Game and effective on May 15, 1993,              
are classified as rural for the purpose of this Act.  The classifications      
made under this section are subject to the provisions of                       
AS16.05.258(c) as amended by sec. 3 of this Act.                               
   * Sec. 23.  TRANSITION: REGULATIONS.  Notwithstanding sec.                
25 of this Act, the Board of Fisheries, the Board of Game, and the             
Department of Fish and Game may immediately proceed to adopt                   
regulations to implement this Act.  The regulations take effect under          

1998-04-18                     House Journal                      Page 3086
HB 406                                                                       
AS 44.62 (Administrative Procedure Act), but not before the effective          
date provided in sec. 25 of this Act.                                          
   * Sec. 24.  Sections 19 and 23 of this Act take effect immediately        
under AS 01.10.070(c).                                                         
   * Sec. 25.  Except as provided in sec. 24 of this Act, this Act takes     
effect on the effective date of an amendment to the Constitution of the        
State of Alaska, approved by the voters in 1998, authorizing a priority        
for subsistence uses of renewable natural resources that is based on           
place of residence."                                                           
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Ogan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 406(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton,               
Foster, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses,             
Nicholia, Williams                                                             
                                                                               
Nays:  Barnes, Bunde, Cowdery, Dyson, Green, Hanley, Hodgins,                  
Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan,              
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey                   
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Amendment No. 4 was offered  by Representative Croft:                           
                                                                               
Page 1, lines 10 - 11 (title amendment):                                       
	Delete "repealing the definition of 'rural area'; repealing"                
	Insert "relating to the repeal of"                                          
                                                                               

1998-04-18                     House Journal                      Page 3087
HB 406                                                                       
Page 7, lines 25 - 28:                                                         
	Delete all material and insert:                                               
		"(2) "reasonable opportunity"                                               
		(A) means an opportunity, consistent with customary                        
and traditional uses, to participate in a subsistence hunt or                  
fishery with a reasonable expectation of success; and                          
 	(B) does not mean a guarantee that fish or game will                      
be taken;"                                                                     
                                                                               
Page 9, lines 11 - 15:                                                         
	Delete all material and insert:                                               
		"(7)  "customary and traditional" means the                                 
noncommercial, long-term, and consistent taking of, use of, and                
reliance upon fish or game in a specific area and the ¦USEá                    
patterns and practices of taking or use of that fish or game that          
have been established over a reasonable period of time taking into             
consideration the availability of the fish or game;                            
   * Sec. 5.  AS 16.05.940(8) is repealed and reenacted to read:             
		(8) "customary trade" means, except for money sales of                      
furs and furbearers, the limited noncommercial exchange for                    
money of fish and game or their parts in minimal quantities;                   
   * Sec. 6.  AS 16.05.940(27)  is amended to read:                          
                                                                               
		(27)  "rural community or area" means a community or                    
area of the state substantially dependent on fish and game for               
nutritional and other subsistence uses ¦IN WHICH THE                         
NONCOMMERCIAL, CUSTOMARY, AND TRADITIONAL                                      
USE OF FISH OR GAME FOR PERSONAL OR FAMILY                                     
CONSUMPTION IS A PRINCIPAL CHARACTERISTIC OF THE                               
ECONOMY OF THE COMMUNITY OR AREAá;"                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 10, following line 2:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 10.  AS16.05.940 is amended by adding a new paragraph             
to read:                                                                       
		(37)  "resident domiciled in a rural area of the state"                     
means a resident of a rural community or area."                                
                                                                               
Renumber the following bill sections accordingly.                              

1998-04-18                     House Journal                      Page 3088
HB 406                                                                       
Page 10, line 10:                                                              
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 10, line 28:                                                              
	Delete all material and insert:                                               
   "* Sec. 14.  (a)  Before October 1, 1998, the lieutenant governor         
shall determine if the Alaska National Interest Lands Conservation Act         
(P.L. 96 - 487, as amended) has been amended so as to eliminate any            
material inconsistency between state law governing subsistence uses of         
fish and game as contained in this Act and applicable provisions of            
Title VIII of the Alaska National Interest Lands Conservation Act.             
	(b)  If the lieutenant governor certifies under (a) of this section           
that all material inconsistencies between the state law governing              
subsistence uses of fish and game as contained in this Act and                 
applicable provisions of Title VIII of the Alaska National Interest            
Lands Conservation Act have been eliminated, the lieutenant governor           
shall remove from the general election ballot all proposed amendments          
to the Constitution of the State of Alaska regarding subsistence uses of       
fish and game.                                                                 
   * Sec. 15.  Except for sec.14 of this Act, this Act takes effect on       
October 1, 1998, if the lieutenant governor makes the certification            
described in sec.14(b) of this Act."                                           
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 406(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf,            
Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia,                
Williams                                                                       

1998-04-18                     House Journal                      Page 3089
HB 406                                                                       
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green,                 
Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,           
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey             
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
406(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.                                                       
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that CSHB 406(FIN) am would be in third reading             
on the April 20, 1998 calendar.