Legislature(1999 - 2000)

03/22/1999 01:11 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SCR 2 - MANAGEMENT OF FISH & WILDLIFE                                                                                           
                                                                                                                                
CO-CHAIR OGAN announced that the next item of business would be                                                                 
Senate Concurrent Resolution No. 2, relating to management of                                                                   
Alaska's wildlife and fish resources.                                                                                           
                                                                                                                                
Number 2673                                                                                                                     
                                                                                                                                
MEL KROGSENG, Legislative Assistant to Senator Robin Taylor, Alaska                                                             
State Legislature, came forward on behalf of the sponsor.  She                                                                  
noted that SCR 2 is very similar to the resolution of the same                                                                  
number passed by this legislature last year, then stated:                                                                       
                                                                                                                                
     The resolution is intended to send a strong message to the                                                                 
     Governor, the Board of Fisheries, the Board of Game and the                                                                
     Department of Fish and Game that you, the legislature, want                                                                
     the wildlife and fish resources of our state to be                                                                         
     aggressively biologically managed on a sustained yield basis                                                               
     for abundance.                                                                                                             
                                                                                                                                
     Mr. Chairman, over the last few years we've seen a decline in                                                              
     several of our wildlife and fish stocks in certain areas.                                                                  
     This decline has continued to the point where serious                                                                      
     shortages currently exist and are continuing unabated.  Last                                                               
     year, before this very committee, you heard testimony about                                                                
     moose shortages in the Aniak area, and moose and caribou                                                                   
     shortages in the Dot Lake area.  There are ongoing shortages                                                               
     in fish stocks in several areas, as well.  Bristol Bay has                                                                 
     been considered a disaster area for the last two years.  In                                                                
     1997, the Kenai River had very few coho salmon, and just this                                                              
     past year the Kenai was closed down June 5th, very early, to                                                               
     catch-and-release for the first run of Chinook salmon.  The                                                                
     Mat-Su streams, Mr. Chairman, as you well know, have had                                                                   
     ongoing shortages in coho, sockeye, chum and Chinook stocks.                                                               
     Cook Inlet commercial fishing was closed down early just this                                                              
     past year because of a low sockeye run there.                                                                              
                                                                                                                                
     Management of these resources, Mr. Chairman, was delegated by                                                              
     the legislature to the Board of Fisheries, the Board of Game                                                               
     and the Department of Fish and Game, and, therefore, it is                                                                 
     incumbent upon you, the legislature, to tell the agencies the                                                              
     management philosophy that you want followed.  This resolution                                                             
     will send that message - and it is a crystal clear message -                                                               
     that the legislature wants these resources biologically                                                                    
     managed on a sustained yield basis for abundance.                                                                          
                                                                                                                                
MS. KROGSENG read from page 2451 of the original Alaska                                                                         
Constitutional Convention proceedings [copy provided in committee                                                               
packets]:  "... we have in mind no narrow definition of sustained                                                               
yield as is used, for example, in forestry, but the broad premise                                                               
that insofar as possible a principle of sustained yield shall be                                                                
used with respect to administration of those resources which are                                                                
susceptible of sustained yield, and where it is desirable.  For                                                                 
example, predators would not be maintained on a sustained yield                                                                 
basis."  She suggested that having an abundance of wildlife and                                                                 
fish resources in our state would go a long way towards resolving                                                               
the ongoing subsistence issue, as there would be enough of these                                                                
resources for all user groups:  personal use, commercial and sport.                                                             
                                                                                                                                
Number 2815                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES clarified that the legislature delegates                                                                  
authority to the Board of Fisheries and the Board of Game, not the                                                              
Alaska Department of Fish and Game (ADF&G), and members of the                                                                  
department work for those boards.  She added, "We are the only ones                                                             
that can appropriate money, so they do work for us, but we do not                                                               
delegate our powers to them, but to the board of fish and game,                                                                 
because we, under the constitution, are charged with ... the                                                                    
management of all of Alaska's resources."                                                                                       
                                                                                                                                
Number 2864                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN said he supports this resolution but has a                                                                        
reservation about the same-day airborne hunting of brown bears.  He                                                             
stated, "A good example is some action that the board took here                                                                 
recently, that they rescinded their action and held it over to, I                                                               
think, January of next year, and that was same-day airborne brown                                                               
bear hunting in Unit 13; and I think there's a cost-benefit                                                                     
analysis we have to look at when we do those kind of things."  He                                                               
noted that he has lived in this state since 1975, during which time                                                             
he doesn't believe that there has been same-day airborne hunting                                                                
for bears.                                                                                                                      
                                                                                                                                
CO-CHAIR OGAN noted that there had been same-day airborne hunting                                                               
for wolves, deer and caribou, however.  He then stated, "I'm a                                                                  
little concerned, at a time when we're talking about some                                                                       
constitutional amendments to limit or prohibit the public's                                                                     
involvement in fish and game matters, or resource matters, this ...                                                             
literally interpreted would almost instruct them to do whatever                                                                 
they can.  I'm just concerned about the same-day airborne [hunting]                                                             
of bears.  ... While it might be sound biological management, it                                                                
would certainly be a fund raiser for 'Friends of the Animals' and                                                               
'Sierra Clubbers' and those kind of things, ... which could end up                                                              
countering what we're trying to do with some of the initiatives."                                                               
                                                                                                                                
Number 2955                                                                                                                     
                                                                                                                                
MS. KROGSENG responded that there are many ways that the department                                                             
could manage predators, including brown bears.  They could increase                                                             
bag limits, or annual harvests, for example.  She said although she                                                             
wasn't aware of it at the time, she understands that in the Forty                                                               
Mile area there was a special program under which trappers in the                                                               
area took, she believes, 80-some wolves, then tanned the hides and                                                              
sold them at auction.  It didn't cost the state any money; it                                                                   
accomplished the project at hand, which was to lower the wolf                                                                   
population in the area; and it made money for the trappers.                                                                     
                                                                                                                                
TAPE 99-16, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. KROGSENG said she knows the sponsor wouldn't want to do                                                                     
anything to jeopardize any of the other resolutions.  What they are                                                             
trying to do with this resolution, as they tried last year, is to                                                               
tell the Board of Fisheries, the Board of Game and the department                                                               
that they need to manage the resources in conformity with the                                                                   
constitutional mandate of sustained yield.  She concluded by saying                                                             
she had read the quotation from the constitutional convention                                                                   
proceedings to point out that when the constitution talks about                                                                 
sustained yield, it is not necessarily talking about wolves, bears                                                              
and other predators.                                                                                                            
                                                                                                                                
Number 2925                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE recalled that the legislature had passed some                                                              
legislation the previous year about managing for abundance.  He                                                                 
asked how HJR 15 works with that.                                                                                               
                                                                                                                                
Number 2906                                                                                                                     
                                                                                                                                
MS. KROGSENG responded that a similar resolution on abundance had                                                               
been passed last year.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOULE noted that this year, the resolution includes                                                              
fish, whereas last year it just pertained to wildlife.  In                                                                      
addition, this one talks about passive management.  He said he                                                                  
recalled a bill, however, having to do with managing for abundance,                                                             
which he believed to be SB 250, by Senator Sharp.  He indicated he                                                              
would ask an ADF&G representative about it.                                                                                     
                                                                                                                                
Number 2850                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES referred to page 2, line 4, of SCR 2, which                                                               
read, "wildlife and fish resources on a biological basis for                                                                    
abundance".  She asked whether, to alleviate Co-Chair Ogan's                                                                    
concerns, it would be appropriate to add wording along the lines                                                                
of, "with the exception of predators that the board of fish and                                                                 
game have determined to be a detriment to the other wildlife                                                                    
population".                                                                                                                    
                                                                                                                                
MS. KROGSENG responded that she believes Senator Taylor would                                                                   
support that proposed amendment.  She stated, "It is not his intent                                                             
to have this resolution imply, in any way, shape, size or form,                                                                 
that we should be managing wolves and bears on a basis for                                                                      
abundance - or other predators, for that matter."                                                                               
                                                                                                                                
CO-CHAIR OGAN suggested saying something about human consumption.                                                               
                                                                                                                                
MS. KROGSENG mentioned the ungulate population, then said she would                                                             
work on the proposed amendment.                                                                                                 
                                                                                                                                
REPRESENTATIVE BARNES offered Ms. Krogseng the language she herself                                                             
had written down.                                                                                                               
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
DALE BONDURANT testified via teleconference from Kenai.  He stated                                                              
support for SCR 2 and agreed with Representative Barnes that the                                                                
legislature is the trustee of Alaska's fish and wildlife resources,                                                             
with responsibility to manage those resources for abundance, for                                                                
the sole benefit of the users - the public.                                                                                     
                                                                                                                                
Number 2650                                                                                                                     
                                                                                                                                
DREW SPARLIN testified via teleconference from Kenai.  A commercial                                                             
fisherman for 35 year in Cook Inlet who resides in Kenai, he told                                                               
members he supports SCR 2.  He has great hopes that it will go                                                                  
towards eliminating politics from the decisions being made, because                                                             
of the need to make decisions through biological data.  Mr. Sparlin                                                             
expressed belief that if everyone made the best decisions, based on                                                             
the best biological information available to them, the resource                                                                 
would be the benefactor.                                                                                                        
                                                                                                                                
Number 2564                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE asked Geron Bruce of the ADF&G whether the                                                                 
bill passed last year and SCR 2 were connected in any way, in terms                                                             
of intensive management and managing for abundance.                                                                             
                                                                                                                                
GERON BRUCE, Legislative Liaison, Office of the Commissioner,                                                                   
Alaska Department of Fish and Game (ADF&G), answered that he                                                                    
doesn't recall a piece of law on this subject that passed last                                                                  
year.  Although a number of bills addressed this general topic, the                                                             
only bill that he remembered passing was SB 250, which was                                                                      
significantly amended as it went through the process.  In its final                                                             
version, he doesn't believe it addressed abundance; rather, it                                                                  
addressed how to account for and track federal aid money, where it                                                              
was going to be appropriated.                                                                                                   
                                                                                                                                
Number 2323                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE said he was wondering whether, in managing for                                                             
abundance, especially for salmon stocks, there may be conflict                                                                  
between some of the user groups, such as commercial and sport                                                                   
interests.                                                                                                                      
                                                                                                                                
MR. BRUCE first offered some background, saying it is hard to talk                                                              
about fish and wildlife in Alaska in general, because this is such                                                              
a huge state, and there is so much difference in the species, the                                                               
productivity in different regions, the patterns of use, and so                                                                  
forth.  While some populations are low or declining, overall both                                                               
our fish and our wildlife populations are quite strong.                                                                         
                                                                                                                                
MR. BRUCE next said he would discuss an area that embodies the kind                                                             
of problems that Representative Joule is talking about.  He stated:                                                             
                                                                                                                                
     I think for the managers - for the people on the Board of                                                                  
     Fisheries, Board of Game, and the department staff that has to                                                             
     implement the management plans that they pass, and carry out                                                               
     the statutes that you folk pass - it balances.  You know,                                                                  
     "balance" is a key word, trying to balance abundance of                                                                    
     different species that may be running at the same time, and                                                                
     may be subject to harvest at the same time.                                                                                
                                                                                                                                
     And I think probably there's no better example of this in the                                                              
     state than Cook Inlet, where you have a very large sockeye                                                                 
     producer in the Kenai River.  You have a number of other                                                                   
     small-to-medium-size producers of sockeye, Chinook salmon,                                                                 
     coho salmon, chum salmon and pink salmon scattered through the                                                             
     drainage.  These fish generally enter Cook Inlet together, and                                                             
     when you say "manage for abundance," ... you have to decide                                                                
     what that means in terms of a management program.  Does it                                                                 
     mean maximizing the production of the strongest stock and                                                                  
     maximizing the harvest of that?  Because that's where you                                                                  
     might actually produce the maximum numbers of fish, and                                                                    
     harvest the maximum numbers of fish.  But what that is going                                                               
     to mean is that for some other stocks, they are going to be                                                                
     less abundant than they could be ... if they weren't mixed                                                                 
     with this stronger stock and subject to incidental harvest                                                                 
     during the prosecution of the fishery for the stronger stock.                                                              
                                                                                                                                
     So, that's why the board tries to balance between ... the                                                                  
     abundant resources, the smaller resources that may never have                                                              
     the potential to be as abundant as some of the larger ones,                                                                
     and then the various users.  It's a very complicated ...                                                                   
     process; it's one that you never get 100 percent right.  But                                                               
     I think the key term there is "balance," and trying to balance                                                             
     all these different production goals, capabilities, the                                                                    
     environmental factors are certainly one, and then the                                                                      
     preferences ... that people have for the different uses of                                                                 
     these resources.                                                                                                           
                                                                                                                                
Number 2323                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to the zero fiscal note.  He asked                                                                
whether, if the ADF&G managed for abundance, there would be a                                                                   
fiscal impact, using salmon as an example.                                                                                      
                                                                                                                                
MR. BRUCE replied that human resources - staff - are a constraint                                                               
in terms of trying to maximize production for the whole range of                                                                
resources.  He pointed out all of the information they would have                                                               
to gather from all the systems in Cook Inlet, for example, to be                                                                
applied, in season, to management of the fisheries, to try to                                                                   
separate the systems in order to get maximum production from each                                                               
individual unit.  It would be costly.  It would also be very                                                                    
difficult to accomplish, given the overlap, even with unlimited                                                                 
funds; but certainly funds and manpower are factors in determining                                                              
how much information they can gather, and how many stocks they can                                                              
manage with that level of precision.                                                                                            
                                                                                                                                
Number 2226                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to page 1, lines 10 and 11, which                                                                 
read, "WHEREAS the passive monitoring of declining wildlife and                                                                 
fish populations is no longer acceptable".  He asked whether Mr.                                                                
Bruce would say that passive management is the ADF&G's current type                                                             
of management.                                                                                                                  
                                                                                                                                
MR. BRUCE replied, "I guess we read the resolution as implying that                                                             
that is passive and somehow not good or not what we should be                                                                   
doing."  He told members he would echo the testimony of Wayne                                                                   
Regelin, Director, Division of Wildlife Conservation, ADF&G, in the                                                             
earlier hearing on SCR 2 in the House Special Committee on                                                                      
Fisheries.  Mr. Regelin had strongly stated that basic data                                                                     
collection - including data on harvests, resource inventory and                                                                 
productivity - is the heart of any successful fish and wildlife                                                                 
management program.  They have to have it.  Without it, they would                                                              
be shooting blind, with no idea what they were doing.                                                                           
                                                                                                                                
MR. BRUCE emphasized that Alaska has a reputation as a leader in                                                                
fish and wildlife management, primarily because of the data                                                                     
collection and analysis carried out on a systematic and regular                                                                 
basis; that is also the reason why there are fish and wildlife                                                                  
resources here in this state.                                                                                                   
                                                                                                                                
Number 2145                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked, "Mr. Bruce, you would, then, concede                                                               
that because we have this ongoing research all the time, in our                                                                 
fish and wildlife population, that it would be hard to determine if                                                             
you needed additional funds for the research activity, since it is                                                              
an ongoing process, and that that would not, in any way, take from                                                              
the zero fiscal note that was attached to this bill?"                                                                           
                                                                                                                                
MR. BRUCE replied that he doesn't believe this resolution requires                                                              
a positive fiscal note from the ADF&G; it is an expression of the                                                               
legislature's will and desires.                                                                                                 
                                                                                                                                
Number 2093                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES moved to adopt the previously discussed                                                                   
conceptual amendment, which had been typed up as follows:                                                                       
                                                                                                                                
     On page 2, line 4, insert:                                                                                                 
                                                                                                                                
     "with the exception of predators that the Board of Fish[eries]                                                             
     and the Board of Game have determined to be a detriment to the                                                             
     resources used for human consumption."                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked unanimous consent.  There being no                                                                  
objection, Conceptual Amendment 1 was adopted.  [Further                                                                        
clarification of this amendment by Representative Barnes is found                                                               
at Number 1079 during the hearing on HJR 28.]                                                                                   
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move SCR 2, as amended, from                                                             
committee with the accompanying zero fiscal note and individual                                                                 
recommendations; she asked unanimous consent.  There being no                                                                   
objection, HCS SCR 2(RES) moved out of the House Resources Standing                                                             
Committee.                                                                                                                      
SCR 2 - MANAGEMENT OF FISH & WILDLIFE                                                                                           
                                                                                                                                
Number 1079                                                                                                                     
                                                                                                                                
Senate Concurrent Resolution No. 2, relating to management of                                                                   
Alaska's wildlife and fish resources, was brought up again briefly.                                                             
                                                                                                                                
REPRESENTATIVE BARNES referred to Conceptual Amendment 1, adopted                                                               
earlier that meeting.  She pointed out that the boards don't meet                                                               
jointly.  Therefore, the amendment needs to say, "the Board of                                                                  
Fish[eries] or the Board of Game".  She suggested that because it                                                               
is a conceptual amendment, hurriedly drafted, there is no problem                                                               
with making that change, as the drafters could have changed it                                                                  
themselves.                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether anyone objected to that change to                                                                   
Conceptual Amendment 1; no objection was heard.  [End of this                                                                   
section.]                                                                                                                       

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