Legislature(1997 - 1998)

1998-05-26 House Journal

Full Journal pdf

1998-05-26                     House Journal                      Page 3967
HB 1001                                                                      
HOUSE BILL NO. 1001 by the House Rules Committee by request of                 
the Governor, entitled:                                                        
                                                                               

1998-05-26                     House Journal                      Page 3968
HB 1001                                                                      
"An Act establishing a priority for subsistence uses of fish and              
wildlife that is based on place of residence; relating to the                  
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, 5/26/98                                
Zero fiscal note, Dept. of Law, 5/26/98                                        
                                                                               
The Governor's transmittal letter dated May 26, 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.  Except for       
a minor change, it is identical to the subsistence task force bill             
introduced on January 14, 1998, as Senate Bill 239 and House Bill              
320.                                                                           
                                                                               
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           

1998-05-26                     House Journal                      Page 3969
HB 1001                                                                      
the Alaska Constitution that would allow such a priority, however, the         
Legislature does not have the power to pass a state statute consistent         
with ANILCA requirements.  As a consequence, the federal                       
government would retain management of subsistence uses on federal              
lands and will take over management on certain waters December 1 of            
this year.                                                                     
                                                                               
The bill would also make other beneficial changes to our subsistence           
law.  For example, it would establish a system of regional councils to         
ensure 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.        

1998-05-26                     House Journal                      Page 3970
HB 1001                                                                      
We can afford to wait no longer.  In March of this year, the United            
States Department of Interior and Department of Agriculture proposed           
an additional budget of nearly $4,000,000 to expand, starting                  
December 1 of this year, the federal management of subsistence                 
fisheries.  These departments describe their upcoming mission as an            
"unprecedented expansion of Federal management of Alaska's fisheries           
in many areas of the state."  For several areas, the departments               
anticipate that "Federal managers may be called on to intervene in the         
management of commercial harvests to assure upstream delivery of               
salmon to subsistence users."  Thus, they are poised to upset the              
balanced allocations our Board of Fisheries has been perfecting since          
statehood.                                                                     
                                                                               
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"