Legislature(2017 - 2018)BARNES 124
04/13/2017 05:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR9 | |
| HB211 | |
| HB177 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 197 | TELECONFERENCED | |
| *+ | HB 211 | TELECONFERENCED | |
| *+ | HB 217 | TELECONFERENCED | |
| *+ | HB 218 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | HJR 9 | TELECONFERENCED | |
| += | HB 177 | TELECONFERENCED | |
HB 211-NONRESIDENT HUNTING REQUIREMENTS: CARIBOU
6:01:52 PM
CO-CHAIR JOSEPHSON announced that the next order of business
would be HOUSE BILL NO. 211, "An Act requiring a nonresident to
be accompanied by a guide or resident spouse or relative when
hunting certain caribou; and providing for an effective date."
6:02:21 PM
REPRESENTATIVE WESTLAKE, speaking as the sponsor of HB 211,
informed the committee the bill is about more than game
management unit (GMU) 23, but addresses the migrating caribou
herds - wherever they traverse - to perpetuate the health of the
herds. He paraphrased from the sponsor statement as follows:
House Bill 211 affords Alaskans an opportunity to
harvest vital subsistence resources while allowing
nonresident hunters, without a second degree of kin,
to hunt through requiring a licensed professional
guide in order to take a caribou any of these four
arctic herds: Western Arctic, Central Arctic,
Porcupine, and Teshekpuk.
The Central Arctic Herd population has fallen by 69%
since 2010 while the Western Arctic Herd has decreased
by 41% since 2003. With no definitive cause yet
determined for the population decline, now more than
ever is the time to take extra precaution when
managing these herds, which are a vital resource that
many rural communities depend on for subsistence.
Recently, game management unit 23 has experienced
over-harvesting issues and hunting has been federally
closed to anyone that does not reside in the area. It
is my hope that by requiring nonresident hunters to be
accompanied by a licensed guide who is familiar with
the areas and migration patterns of these magnificent
herds, the need for game unit closures similar to the
one in 23 will be prevented.
REPRESENTATIVE WESTLAKE advised brown bear, sheep, and goat all
have guide requirements because of the inherent dangers of
hunting, and the need for guide requirements for caribou is
sought to avoid conflicts with local residents, the need for
hunters to be familiar with the territory, and respect for the
resource. Furthermore, guides would have a vested interest to
not disrupt caribou migration patterns. He advised that
subsequent to the closure of GMU 23 - due to the decline in
caribou - the subsistence harvest, the resident harvest, and the
guided resident harvest declined; however, the nonresident
unguided - or transporter - harvest increased. Representative
Westlake pointed out that in Canada, the Porcupine Caribou Herd
is managed with guide requirements for nonresidents, and HB 211
would bring Alaska's caribou regulations "just in line [with
Canada] and looking at a successful model." He concluded the
bill is a vision for the last great herd in America.
REPRESENTATIVE BIRCH asked for information related to caribou
herd population decline, herd management, and statistics.
6:08:02 PM
BRUCE DALE, director, Division of Wildlife Conservation, Alaska
Department of Fish & Game, said the herds represented in HB 211
have mixed histories. The Western Arctic Herd has declined from
500,000 to 200,000 due to a combination of factors including
nutrition, weather, and age structure, and at the current rate
will further decline substantially; however, in the last two
years there have been good signs such as good calf cohorts
[groups], good body condition, and better pregnancy rates. He
said ADFG has concerns about both the herd and the local
residents. In its last major decline, the Western Arctic Herd
declined to about 75,000; in fact, in the early '70s there were
250,000 caribou in the state, and now there are about 750,000.
REPRESENTATIVE BIRCH recalled there was a wanton waste issue in
the region at one time; he asked for the level of hunting
pressure on the caribou, in general.
MR. DALE stated hunting did not cause the caribou decline. With
the population now at 200,000, hunting needs to be restricted
through actions by the Board of Game, ADFG, and the Federal
Subsistence Board, U.S. Department of the Interior. He said
"... on the other extreme, the Porcupine herd is at 200,000
caribou and it's as big as it has ever been. East of that, in
Canada, herds have declined catastrophically." [ADFG] is also
investigating the declines of the Central Arctic and Teshekpuk
herds. In further response to Representative Birch, Mr. Dale
explained calving occurs in the north and northwest, and herds
migrate to the south to spend winter in the boreal forest.
6:12:06 PM
REPRESENTATIVE PARISH asked for the potential ecological and
economic impacts of the bill.
MR. DALE advised the ecological impact would be very small
because the nonresident harvest is a small component for most of
the herds. He was unsure of the economic impact, but he
estimated that 80 percent of nonresidents hunt without guides,
thus the bill may cause a reduction in the number of nonresident
harvests; as a result of the federal closure, the number is
zero.
REPRESENTATIVE PARISH concluded there would be a decrease in the
overall number of nonresident hunters, and an increase in the
number of guided hunts.
MR. DALE agreed, but said the degree of decrease/increase is
unknown.
6:14:19 PM
REGGIE JOULE stated his support for HB 211, and said the bill
addresses several issues, such as a declining herd and many user
conflicts in certain areas. Mr. Joule opined relegating out-of-
state hunters to guided hunts would have a small impact, but
would make a difference. He suggested the subject of
transporters before the [Big Game Commercial Services Board,
Department of Commerce, Community & Economic Development] is a
larger and difficult issue, but a close look reveals that
[funding] resources are needed to manage [natural] resources.
He remarked:
Currently, the situation is, at least in the Western
Arctic Caribou Herd, local residents were allowed to
hunt fifteen a day, every day of the year - fifteen
caribou - we're down to five. Now, we make that work.
And, there were no closed seasons at one point in
time, and now we have closed seasons for both bulls
and cows at various times of the year, when it's
appropriate. And people are making that work:
everybody is giving in a little bit here. And the
local residents certainly understand that.
MR. JOULE, as an aside, observed predators - wolves and bears -
are out of control. He concluded that HB 211 would impact the
local economy, but Alaska residents would be able to use
transporters and provide for their families. In response to
Representative Birch, he said his experience is that the
population of the herd has declined to a combination of factors:
predators are more successful in years of low snow, and hunters
are responsible for taking less than 30,000 out of a herd of
250,000. Therefore, all [conservation] measures should be
carefully considered.
6:20:38 PM
PAUL (CHRIS) MCKEE, Supervisor, Wildlife Division, Office of
Subsistence Management, Fish and Wildlife Service, U.S.
Department of the Interior, informed the committee the Federal
Subsistence Board closed GMU 23 to non-federally qualified users
from [7/1/16 to 6/30/17], and has received a special action
request submitted by the Northwest Arctic Subsistence Regional
Advisory Council, Federal Subsistence Management Program, U.S.
Department of the Interior, seeking another closure for the
upcoming year. If approved, GMU 23 would remain closed from
7/1/17 to 6/30/18. He said his staff is responsible for writing
the analysis of the request for closure, but he was unsure how
the board would rule, and expressed his intent to provide the
analysis in a timely manner so that the board can issue its
decision prior to hunting season. Also, the North Slope
Subsistence Regional Advisory Council, Federal Subsistence
Management Program, U.S. Department of the Interior, submitted a
special action request to close caribou hunting in GMUs 26A and
26B to non-federally qualified users as well. If both requests
are approved, all of GMU 23 and all of GMUs 26A and 26B would be
closed to non-federally qualified users, including nonresidents
and nonrural Alaska residents. Mr. McKee added that a U.S.
Department of the Interior interagency group meeting will be
held [4/17/17], attended by representatives of the Federal
Subsistence Management Program, the National Park Service, the
Bureau of Land Management, the Bureau of Indian Affairs, and the
U.S. Fish and Wildlife Service, and also attended by
representatives from ADFG, all of whom will seek ways to avoid
unit-wide closures. He expressed hope that participants can
"come up with some options that can avoid, you know, having all
of unit 23 closed out, so that's kind of where we're at,
currently, on the federal side."
6:25:08 PM
CO-CHAIR JOSEPHSON opened public testimony.
6:25:23 PM
AL BARRETTE said mandatory guiding is not, and should not be, a
tool used to limit nonresident hunting opportunities. He
stressed that this purpose is not the intent - or the reason -
mandatory guiding is in statute. He directed attention to the
bill on page 1, line 1, which read [in part]:
"An Act requiring a nonresident to be accompanied by a
guide or resident spouse or relative when hunting
...."
MR. BARRETTE opined "spouse or relative" should read, "a second
degree of kindred," which is defined in statute. He then
directed attention to page 1, lines 12-14 which read [in part]:
... misdemeanor and upon conviction is punishable by
imprisonment for not more than one year, or by a fine
of not more than $5,000, or by both.
MR. BARRETT urged for this language in the bill to comport with
proposed HB 129 or proposed SB 60. Lastly, he directed
attention to page 2, lines 9-12 which read:
(g) In addition to the animals listed under (a)
of this section, it is unlawful for a nonresident to
hunt, pursue, or take caribou from the Porcupine,
Central Arctic, or Western Arctic caribou herds unless
the nonresident is accompanied by a person who is
qualified under the terms of (a) of this section.
MR. BARRETT pointed out the bill stipulates the Porcupine,
Central Arctic, and Western Arctic caribou herds and he
questioned how - for enforcement purposes - one would
distinguish a Teshekpuk caribou from a Western Arctic caribou or
others as the Teshekpuk herd lies in between the Western Arctic
and [Central Arctic] herds.
6:27:54 PM
MARK RICHARDS, Executive Director, Resident Hunters of Alaska,
referred to written testimony from Resident Hunters of Alaska
dated [4/10/17] in opposition to HB 211 [document not provided].
He said Resident Hunters of Alaska believes only the legislature
should have the authority to add to the list of species that
must be guided under AS 16.05.407 and AS 16.05.408. Mr.
Richards informed the committee the Board of Game (BOG), Alaska
Department of Fish & Game, without legislative approval, has
added moose and black bear to the list of "must be guided
species" in some areas. This action in the Interior has
restricted resident opportunities for the purpose of
guaranteeing an allocation to guides. As has been previously
stated, all nonlocal federally qualified subsistence hunters
have been prohibited from hunting the Western Arctic Herd on
federal lands in GMU 23, including all nonresidents and all
Alaskans who do not live in the region. At the recent BOG
meeting in Fairbanks, the board severely reduced seasons and bag
limits in the Central Arctic Herd, for both residents and
nonresidents, which came about "via" a Resident Hunters of
Alaska proposal. Further, under consideration is a federal
wildlife special action request to restrict all nonlocal
federally qualified subsistence hunters from hunting the Central
Arctic Herd on federal land. Mr. Richards stated:
If the intent of this bill is to reduce nonresident
harvest when caribou herds are in steep decline, that
is something Resident Hunters of Alaska agrees with
and has already been proposing to the Board of Game:
That in all cases, if and when any wildlife population
is in decline, and [residents'] needs and opportunity
are going to be restricted, we should first reduce or
eliminate all nonresident hunting opportunities.
Those are functions of the Board of Game, which the
legislature has given authority to deal with these
matters. Requiring nonresidents ... to hire a guide
to hunt these herds, however, in order to reduce
nonresident harvest, is in no way a solution to less
nonresident hunting and harvest. What this bill would
do is create a new subsidy to guides, that wasn't
there before, and we can't use the current percentages
of unguided versus guided caribou hunters on the North
Slope, and say that those percentages would remain the
same should this bill pass.
6:31:11 PM
REPRESENTATIVE PARISH was unclear how the bill would result in a
new subsidy for guides, although he agreed it would result in an
increase in guided hunts. He asked whether Mr. Richards
expected the bill would result in a reduction to the allocation
for Alaska residents.
MR. RICHARDS answered the allocation is a function of BOG, and
there are examples of BOG actions that have added new must-be-
guided species resulting in restrictions on residents, "because
the board is then beholden to provide that allocation." He
provided an analogy. Mr. Richards clarified that a guaranteed
client base is the subsidy. In further response to
Representative Parish, he said not all contracting guides are
Alaskans, and a larger percentage of assistant guides are
nonresidents.
6:33:19 PM
JAKE JACOBSON stated he lives in Kodiak and Kotzebue, and is
representing himself and his Alaskan family members. Mr.
Jacobson said he has hunted and eaten caribou from the Western
Arctic Herd for 50 years and has guided in the region for 45
years. In the '70s and '80s he worked for ADFG, when there was
a focus on caribou in GMUs 23 and 26. In 1972, the population
of the Western Arctic Herd was estimated at 242,000, and ADFG
was concerned that the herd would overgraze and then decline;
therefore, the department closed areas on the North Slope and
elsewhere, and compared grazed tundra with un-grazed tundra. He
said botanists noticed no difference, and there was no great
threat of overgrazing with a herd size at 242,000. However,
ADFG remained concerned and opened the hunting season with no
limits, and allowed [hunted] caribou to be sold - and many were
- at $35 per carcass. Mr. Jacobson said the herd is now over
200,000, the harvest is estimated at 12,000-15,000 for local
subsistence users, and at 500-600 for nonlocals - those being
transported and guided hunts. The harvest records for the
transported and guided hunts are accurate, and estimated for
local harvest, he added. Mr. Jacobson spoke in favor of the
bill and agreed that the language "relative" should be clearly
defined as "second degree of kindred." Furthermore, the bill
would reduce and defuse user conflicts in GMU 23, and would
restore resident access to caribou hunted in GMU 23, provided
the federal subsistence board does not continue to prevent all
but local subsistence users access to the herd. He urged for
the passage of HB 211.
6:36:41 PM
CO-CHAIR JOSEPHSON, after ascertaining no one further wished to
testify, closed public testimony.
[HB 211 was held over.]