Legislature(1997 - 1998)
1997-01-13 House Journal
Full Journal pdf1997-01-13 House Journal Page 0024 HJR 10 HOUSE JOINT RESOLUTION NO. 10 by the House Rules Committee by request of the Governor: Proposing an amendment to the Constitution of the State of Alaska relating to subsistence uses of replenishable resources by residents. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Community & Regional Affairs, Resources, Judiciary and Finance Committees. The following fiscal note applies: Fiscal note, Office of the Governor, 1/13/97 The Governor's transmittal letter, dated January 13, 1997, appears below: Dear Speaker Phillips: I am asking the Legislature to allow the people of Alaska to vote on a constitutional amendment providing for a subsistence preference for use of replenishable resources. I believe this is the first and most fundamental step in reaching a workable, equitable, and lasting Alaskan solution to this issue that has for too long divided Alaskans. A successful solution must achieve two key goals: 1) recognition of the essential role of subsistence in the culture and economy of rural Alaska, and 2) state management of fish and game. I have strongly advocated legislative action to resolve this issue at the state level and return full management of Alaskas fish and game to the state. The current impasse will only become more damaging to Alaska if it is allowed to persist. Fish and game management in Alaska is fracturing into two systems, with different mandates, different land bases, and different management systems for shared resources that freely cross jurisdictional lines. This splintered and duplicative system creates confusing and conflicting regulations, poses a greater risk of overharvest, may result in unnecessary loss of opportunities for commercial, sport, and even subsistence users, and may disenfranchise subsistence users who live near state or private 1997-01-13 House Journal Page 0025 HJR 10 lands. This can only lead to a morass of endless jurisdictional disputes, legal battles, and strife, and vastly increased management costs. Most importantly, it puts the health of the fish and game resources on which people depend unnecessarily at risk. A constitutional amendment is the only practical way to ensure that management of fish and game is returned to the state. The federal government continues to move towards increased control over the states fish and game resources, as has been ordered by the courts. The current congressional moratorium is limited and temporary. Federal decisions are being made every day that will affect Alaskans and their fish and wildlife resources. Federal agencies are even now writing environmental impact studies in preparation for the takeover of subsistence fisheries management. Every day the Alaska Legislature doesn't take action to resolve this impasse, new building blocks are being added to strengthen federal control over fish and game management in Alaska. I call on you and your fellow legislators to make the resolution of subsistence a priority during this legislative session, and I stand ready to do whatever I can to assist. The constitutional amendment assures a priority for subsistence use of Alaska's fish and game over other uses, consistent with sustained yield. When implementing the priority, the state may consider a variety of factors in granting preferences to and among subsistence uses, including community or area characteristics, place of residence, customary and traditional use, direct dependence, and the availability of alternative resources. This amendment would allow the state to regain management over fish and game resources in the state. Subsistence uses will have a priority, but state management must meet commercial and sport use needs as well. This differs significantly from the federal system in that federal managers need only consider subsistence uses. The State of Alaska should recognize and be responsive to the views of rural subsistence users in its management system so that all Alaskans will prefer state management to federal management. Local 1997-01-13 House Journal Page 0026 HJR 10 residents must have a stronger voice in management decisions. Both state and federal statutory changes will be needed to: 1) define key terms such as customary and traditional, customary trade, rural, and reasonable opportunity; 2) reinvigorate local and state management structures to increase local participation and the use of local knowledge, and 3) allow non-rural residents to participate in educational fisheries and hunts. I urge your leadership in providing a legislative forum for open debate on this issue so we can bring Alaskans together to solve it, rather than sit by while the divisiveness grows and sound resource management is put at risk. Please give Alaskans the opportunity to vote on this amendment. An Alaskan solution is much better than a federal mandate. Sincerely, /s/ Tony Knowles Governor