Legislature(1997 - 1998)
1998-01-14 Senate Journal
Full Journal pdf1998-01-14 Senate Journal Page 2195 SB 239 SENATE BILL NO. 239 BY THE SENATE 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 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. Fiscal notes published today from Department of Fish and Game (6). Zero fiscal note published today from Department of Public Safety. Governors transmittal letter dated January 14: Dear President Miller: 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. 1998-01-14 Senate Journal Page 2196 SB 239 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 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. 1998-01-14 Senate Journal Page 2197 SB 239 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. 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