Legislature(1999 - 2000)
2000-02-10 Senate Journal
Full Journal pdf2000-02-10 Senate Journal Page 2257 SJR 36 SENATE JOINT RESOLUTION NO. 36 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, Proposing amendments to the Constitution of the State of Alaska relating to use of renewable resources for subsistence by residents. was read the first time and referred to the Resources, Judiciary and Finance Committees. Fiscal note published today from Office of the Governor. Governors transmittal letter dated February 9: Dear President Pearce: On October 1, 1999, the federal government took over management of subsistence fishing on nearly 60 percent of Alaska's rivers and lakes. That date marked a historic reversal of Alaska's independence. Our state lost the right to manage a significant portion of the fish and wildlife within its borders, a right that was at the heart of the battle for Alaska statehood. 2000-02-10 Senate Journal Page 2258 SJR 36 Although the Alaska Legislature had years of regular sessions and five special sessions to take action, in the end a few legislators denied Alaskans the opportunity to vote on a constitutional amendment which could have prevented federal takeover. The legislation I am introducing today will once again give the legislature and, ultimately, Alaska citizens, an opportunity to reverse that federal takeover and allow us to regain management of both subsistence fishing and subsistence hunting on all land and water in the state. During the special session I called last September, we came very close to resolving this issue. A constitutional amendment permitting compliance with federal law passed the House and came within two votes of the required two-thirds vote in the Senate. The resolution I am introducing calls for a constitutional amendment identical to the resolution passed last fall by the House of Representatives. Passage of the resolution, and its subsequent approval by Alaska voters at this falls general election, would allow the state to adopt appropriate statutory changes to come into compliance with provisions of the Alaska National Interest Lands Conservation Act (ANILCA) requiring a rural priority for subsistence use of fish and wildlife on federal public lands in Alaska. This joint resolution calls for a vote on a state constitutional amendment to permit a preference to and among residents of the state for subsistence uses of wild renewable resources. This is a principle that a majority of Alaskans support. Subsistence provides the special tie Alaskans have to the land. It makes Alaska unique among the 50 states. In rural Alaska, subsistence is the special bond that defines the very essence of the rural way of life. The failure to act before the October 1, 1999, deadline allowed the federal government to expand its current management of subsistence hunting on federal land to include the management of subsistence fishing on inland rivers and lakes within and adjacent to federal public land. The potential impact of federal fisheries management is far greater than that of federal game management and could have impacts evident as early as this fishing season. Because of the complexity of fisheries management, and because of the federal case law principle of extra-territoriality, the federal government's reach could well extend to fish that are now managed by the state in water distant from federal land. 2000-02-10 Senate Journal Page 2259 SJR 36 Over the years, we have studied many options for resolving the subsistence issue. However, only a constitutional amendment will lead us to regaining state management. While there are several viable approaches to specific wording, including a resolution I introduced last session, SJR 23, we must pick up where we left off on providing a rural subsistence preference through a constitutional amendment. If we do not act, we will let the heavy hand of federal management direct the conservation and allocation of fish and wildlife, some of our most precious assets. We must act as Alaskans, together - now - for two purposes: to regain state management of our fish and game and protect the essential role of subsistence in the culture and economy of rural Alaska. As elected leaders, I urge you to demonstrate your faith in Alaskans by allowing a vote on this measure. Sincerely, /s/ Tony Knowles Governor