Legislature(2013 - 2014)BARNES 124

03/20/2013 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:30 p.m. Today --
+= SB 21 OIL AND GAS PRODUCTION TAX TELECONFERENCED
Scheduled But Not Heard
<Pending Referral>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 27 REGULATION OF DREDGE AND FILL ACTIVITIES TELECONFERENCED
Moved Out of Committee
-- Testimony <Invitation Only> --
+= HB 158 DNR HUNTING CONCESSIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
                 HB 158-DNR HUNTING CONCESSIONS                                                                             
                                                                                                                                
2:44:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that the  next order of  business would                                                               
be HOUSE  BILL NO. 158,  "An Act authorizing the  commissioner of                                                               
natural  resources  to  implement   a  hunting  guide  concession                                                               
program or  otherwise limit the number  of individuals authorized                                                               
to conduct big game commercial guiding on state land."                                                                          
                                                                                                                                
2:44:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  stated a proposed  committee substitute  has been                                                               
prepared  that  combines   three  separate  amendments  committee                                                               
members have asked to have considered.                                                                                          
                                                                                                                                
REPRESENTATIVE P.  WILSON moved  to adopt the  proposed committee                                                               
substitute for  HB 158, labeled 28-LS0444\U,  Bullard, 3/20/13 as                                                               
the working document.                                                                                                           
                                                                                                                                
CO-CHAIR FEIGE objected for the purpose of discussion.                                                                          
                                                                                                                                
2:45:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked sponsors of  the three  previous amendments                                                               
[not  yet  offered]  to  discuss the  pertinent  section  of  the                                                               
proposed committee substitute,  Version U.  He  stated the change                                                               
in Section  1, adds paragraph  (11), which read,  "(11) implement                                                           
commercial  concession  programs  on  state land."    This  would                                                           
provide authority for the DNR  to implement commercial concession                                                               
programs on state land, which  is to accommodate big game guiding                                                               
and transporters.                                                                                                               
                                                                                                                                
2:45:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  explained that Section  2 would add the  big game                                                               
commercial services  to subsection (b).   He asked Representative                                                               
P. Wilson to address this provision.                                                                                            
                                                                                                                                
REPRESENTATIVE  P. WILSON  referred  to page  3,  lines 3-11,  of                                                               
Version  U, and  argued that  it is  important consider  both the                                                               
land and the wildlife resources.   She did not want DNR to change                                                               
the  land  use  automatically,  but rather  to  consider  whether                                                               
wildlife  resources  are  sustainable  in  a  unit  or  area  and                                                               
identify  any user  conflicts.   In the  event that  the wildlife                                                               
resources are  sustainable and  user conflicts  do not  exist, it                                                               
would not be necessary to make any changes to the GMU.                                                                          
                                                                                                                                
2:47:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked for clarification on  the version, Co-                                                               
Chair Feige identified as Version U.                                                                                            
                                                                                                                                
CO-CHAIR FEIGE,  in response to  a question, referred to  page 3,                                                               
lines 3-11.                                                                                                                     
                                                                                                                                
2:48:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR asked  whether the  language on  page 2  was                                                               
necessary to  incorporate the relationship with  the commissioner                                                               
of the Alaska Department of Fish & Game (ADF&G).                                                                                
                                                                                                                                
CO-CHAIR  FEIGE referred  to page  2,  line 28,  of the  proposed                                                               
committee substitute  (CS) for HB 158,  Version U.  He  said this                                                               
language is intended to slightly  broaden the language to include                                                               
guides and transporter concession programs.                                                                                     
                                                                                                                                
2:49:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  referred  to  page 3,  lines  12-19,  to                                                               
subsection (c)  of Version  U.   He said  that the  committee has                                                               
heard testimony  that a certain  number of guides are  allowed to                                                               
operate in areas.   He explained the concern was  that if a guide                                                               
was assigned three areas, it  would exclude other guides from the                                                               
area.   This change  also would  consider the  federal concession                                                               
holdings  held  by  individual  guides  and  limit  guides  to  a                                                               
combined total  of three  concession areas.   The  overall effect                                                               
would be to add  to the number of guides who  will have access to                                                               
state resources.                                                                                                                
                                                                                                                                
2:50:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  referred to  page 3,  lines 20-24,  to subsection                                                               
(d),  which adds  definitions for  "concession permit"  and "game                                                               
management  unit."   He also  referred  to page  3, lines  25-31,                                                               
which lays  out the section  related to the big  game transporter                                                               
concession program.                                                                                                             
                                                                                                                                
CO-CHAIR  FEIGE  referred  to  page   4,  line  11,  which  would                                                               
establish  an  effective date  for  the  transporters that  would                                                               
start  one year  after  the  DNR implements  the  big game  guide                                                               
commercial concession  program.  This would  allow the department                                                               
one year to develop the  transporter program after the department                                                               
established  the big  game guide  concessions.   This  recognizes                                                               
that perhaps  implementing the  entire program  at once  might be                                                               
"too big  of a bite" and  separating it into two  sections seemed                                                               
more appropriate.                                                                                                               
                                                                                                                                
2:52:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR referred  to page 1 [line 7]  and to language                                                               
that reads "may"  instead of "shall".  She  understood the intent                                                               
of the bill  is to give the department the  authority.  She noted                                                               
that proposed AS  38.05.023 (a) would give the  DNR the authority                                                               
to  adopt a  concession  program, but  the  language also  reads,                                                               
"may" [which means  optional.]  She asked  whether the department                                                               
will follow through on the  commitment to implement the provision                                                               
or if the language should be  changed to read "shall" to give the                                                               
DNR explicit direction.                                                                                                         
                                                                                                                                
CO-CHAIR FEIGE  asked to return  to that question  after adopting                                                               
the proposed committee substitute, Version U.                                                                                   
                                                                                                                                
2:53:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON referred  to page 3, lines  3-11, and asked                                                               
whether this means the ADF&G will  change the number and types of                                                               
concessions that DNR  must allocated.  He  understood the program                                                               
is  a DNR  program;  however, this  subsection  directs that  the                                                               
commissioner of  fish and game  "shall" determine the  number and                                                               
type of concessions that may  be provided in each game management                                                               
unit (GMU).  He assumed  the ADF&G's determination would be based                                                               
on the  fluctuating biomass  of the resource.   He  further asked                                                               
whether  additional   testimony  is   needed  to   determine  the                                                               
interaction between the DNR's guide  concession program (GCP) and                                                               
the ADF&G's control over the number  and types of permits it must                                                               
issue.                                                                                                                          
                                                                                                                                
CO-CHAIR FEIGE offered  his belief that the intent is  for DNR to                                                               
manage  the land  and  how  land is  allocated.    The number  of                                                               
concessions allowed  would also depend on  the carrying capacity,                                                               
which  is  determined  by  the  ADF&G.    He  suggested  this  is                                                               
something the  department addressed when they  formulated the GCP                                                               
program, which  is formalized by  this language.   This specifies                                                               
that the legislature expects ADF&G  to provide the information to                                                               
DNR for the proposed guide concession program (GCP).                                                                            
                                                                                                                                
CO-CHAIR FEIGE  referred to  page 3, line  9, which  requires the                                                               
ADF&G to  review this every  five years.   This also  matches the                                                               
timeframe for the concession review, he said.                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON said  the committee has not  heard from the                                                               
DNR on the coordination between DNR and ADF&G.                                                                                  
                                                                                                                                
2:57:09 PM                                                                                                                    
                                                                                                                                
CRAIG FLEENER,  Deputy Commissioner, Alaska Department  of Fish &                                                               
Game (ADF&G), prefaced  his comments by stating he  hasn't had an                                                               
opportunity  to thoroughly  consider this  bill version  since he                                                               
just received it about an hour ago.   He suggested one area to be                                                               
careful  about  would  be  [on  page  3,  lines  3-9,  subsection                                                               
(b)(2)],  which  discusses  the   commissioner  of  ADF&G.    The                                                               
department has  long stayed  away from  concept of  allocation of                                                               
resources since this  responsibility has been up to  the Board of                                                               
Game.  He  highlighted one problem is whether it  would place the                                                               
ADF&G and  its staff in the  business of allocation and  how many                                                               
guides will  be able to harvest.   Probably, it would  be good to                                                               
get the DNR's  perspective on this as well; however,  it seems as                                                               
if  the amount  of work  would likely  require significant  staff                                                               
time.   Further,  one of  the things  that the  ADF&G is  careful                                                               
about is the  relationship between the "on the  ground" staff and                                                               
hunters or guides  throughout the state.  If the  "on the ground"                                                               
staff help  determine the  numbers and  types of  concessions, it                                                               
could  jeopardize those  relationships.   Clearly the  ADF&G does                                                               
want to work with the  DNR on determining the proposed concession                                                               
areas.   He suggested it  might be necessary to  include language                                                               
such as "DNR consulting with the  Department of Fish and Game and                                                               
the Board of Game to  determine population levels and harvestable                                                               
surplus."   This has been  the process  the ADF&G has  used until                                                               
now, which might work a little better.                                                                                          
                                                                                                                                
2:59:28 PM                                                                                                                    
                                                                                                                                
EDMUND FOGELS,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department of  Natural Resources (DNR),  agreed that the  DNR and                                                               
ADF&G have  not had much  opportunity to  discuss Version U.   He                                                               
said that  the DNR worked closely  with the ADF&G in  the process                                                               
of preparing maps  and proposed allocations.  Since  the DNR does                                                               
not have expertise  in wildlife management, it has  relied on the                                                               
ADF&G  to  provide the  expertise.    Since concessions  will  be                                                               
reviewed every five  years, he envisioned the  agencies will work                                                               
closely at that  time during the review process.   Again, the DNR                                                               
has not  had enough time to  consider the merits of  the proposed                                                               
committee substitute.                                                                                                           
                                                                                                                                
3:00:45 PM                                                                                                                    
                                                                                                                                
CLARK  COX,  Natural  Resources Manager,  Department  of  Natural                                                               
Resources  (DNR),  echoed  what  Mr.  Fleener  said,  that  DNR's                                                               
mission is related to land access  and the land use.  These [GCP]                                                               
figures  were  determined  based  on the  use  patterns  and  the                                                               
appropriate number of guides and hunters  in an area, not on game                                                               
allocation.  He  suggested that the DNR & ADF&G  could spend more                                                               
time on the program as a whole.                                                                                                 
                                                                                                                                
3:01:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  expressed her concern that  DNR has not                                                               
taken all  of ADF&G's recommendations.   She referred to  page 3,                                                               
line 6,  to paragraph (1), and  suggested if it was  removed, she                                                               
would still want the [decision] to be weighted toward ADF&G.                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON concurred  that the  DNR and  ADF&G are                                                               
working  together;  however,  she remained  concerned  about  the                                                               
wildlife resources.   Clearly, ADF&G controls  the harvest levels                                                               
and how  much is  available in each  game management  unit (GMU).                                                               
Therefore, the  DNR must  listen closely to  what ADF&G  says, to                                                               
make  sure  it   is  sustainable.    She  mentioned   she  has  a                                                               
constituent who  works as a  guide in an  area and while  he said                                                               
[wildlife management] problems didn't  exist, it seemed as though                                                               
the  GCP still  made significant  changes.   Thus,  she has  some                                                               
concerns about [the GCP plan.]                                                                                                  
                                                                                                                                
3:03:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  shared the concern, but  said the question                                                               
is whether  the ADF&G's commissioner  or the Board of  Game (BOG)                                                               
would have  the authority  to determine allocation.   He  said he                                                               
wasn't  opposed  to   the  changes,  but  wants   to  ensure  the                                                               
amendments are correctly crafted.                                                                                               
                                                                                                                                
3:04:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR referred  to page 3, lines 12-19.   She asked                                                               
whether any  reason exists to  prevent the DNR from  limiting the                                                               
number of  state concessions based  on federal  concessions held.                                                               
In  response to  a  question, she  wondered if  the  DNR has  the                                                               
authority to do so.                                                                                                             
                                                                                                                                
REPRESENTATIVE  JOHNSON  recalled  holding discussions  with  the                                                               
legislative bill  drafter and  concluded that  the state  has the                                                               
authority to  limit concessions  on state lands.   However,  if a                                                               
guide  already  has  federal concessions,  this  provision  would                                                               
allow  the state  to limit  state concessions,  accordingly.   In                                                               
fact,  he  offered   his  belief  that  the   federal  and  state                                                               
concession decisions are independent decisions.                                                                                 
                                                                                                                                
3:05:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   said  she   is  unaware  of   whether  the                                                               
information is public.   She asked whether the  state can request                                                               
the  applicant to  list any  outstanding federal  applications or                                                               
any federal concessions that can be awarded.                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  stated  that  it  would  be  up  to  the                                                               
department to  regulate.   He surmised  the information  would be                                                               
public information.                                                                                                             
                                                                                                                                
MR. FOGELS offered  his belief that the information  is public as                                                               
which guides can  operate in specific areas.  He  deferred to Mr.                                                               
Clark.                                                                                                                          
                                                                                                                                
MR. COX  said the  department has been  working closely  with the                                                               
federal  agencies and  the information  has been  made available.                                                               
He offered his belief that  this language would not limit someone                                                               
who  holds   three  state   concessions  from   securing  federal                                                               
concessions,  permits, or  licenses  on Native  lands or  federal                                                               
lands after they obtain the  three state concessions.  Therefore,                                                               
the guide could  still hold more than three  guide concessions if                                                               
the guide obtained the state concessions first.                                                                                 
                                                                                                                                
3:06:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said the  language clearly states that the                                                               
guide  cannot  hold  more  than three  concession  permits.    He                                                               
offered his belief  that the guide would lose  a state concession                                                               
permit if the  guide later gained federal permits.   He suggested                                                               
that obtaining  additional federal concession permits  could lead                                                               
to jeopardizing losing all permits.                                                                                             
                                                                                                                                
MR. COX agreed.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHNSON suggested  that would  be a  pretty risky                                                               
business.                                                                                                                       
                                                                                                                                
MR.  COX pointed  out that  permits on  Native Corporation  lands                                                               
would not be public information.                                                                                                
                                                                                                                                
CO-CHAIR  FEIGE replied  that the  proposed committee  substitute                                                               
(CS) for HB  158 doesn't address Native Corporation  lands and it                                                               
doesn't need to either.                                                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON said it was  not his intention to regulate                                                               
private landowner activities.                                                                                                   
                                                                                                                                
3:07:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  referred to page  3, line 26,  which read,                                                               
"... commissioner  may implement a  concession program ...."   He                                                               
recalled  the committee  discussed changing  it to  "shall".   He                                                               
expressed concern  that it  may take  DNR more  than one  year to                                                               
fully implement a program.  He  also referred to the language [on                                                               
page   3,  line   27]  related   to   "individuals  who   provide                                                               
transportation services to big game  hunters in the field," which                                                               
could  be boat  operators or  air taxi  operators.   He suggested                                                               
"may" is appropriate  since the committee has not  heard from air                                                               
taxi operators so it seemed  more appropriate to allow additional                                                               
time.                                                                                                                           
                                                                                                                                
CO-CHAIR FEIGE agreed.                                                                                                          
                                                                                                                                
3:09:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK, with respect  to transporter services, asked                                                               
whether  any  licensing  requirements or  business  licenses  are                                                               
necessary before an operator is  allowed to transport passengers.                                                               
He further  asked whether DNR  has the authority to  regulate the                                                               
activity.                                                                                                                       
                                                                                                                                
CO-CHAIR  FEIGE answered  that transporters  fall  under the  Big                                                               
Game Commercial Services Board's (BGCSB) authority.                                                                             
                                                                                                                                
REPRESENTATIVE SEATON  asked whether that would  also include air                                                               
taxis.                                                                                                                          
                                                                                                                                
CO-CHAIR FEIGE answered  that air taxis have an  exemption if the                                                               
transportation is  "incidental" to their business.   He suggested                                                               
the committee may wish to review the definition.                                                                                
                                                                                                                                
3:10:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR returned to  the discussion by Representative                                                               
Johnson with respect the number  of concession permits that could                                                               
be issued.  It sounded as though  an issue exists in terms of the                                                               
total  number  of state  and  federal  concession permits.    She                                                               
related  a scenario  in which  in  which a  guide obtained  three                                                               
state concession permits and  subsequently obtained three federal                                                               
permits, which  would mean the  guide could potentially  have six                                                               
concessions but not  be up for concession permit  review for five                                                               
years.   She  wondered  if this  provision  could potentially  be                                                               
abused.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  JOHNSON  offered  his  belief  that  if  a  guide                                                               
subsequently  obtained   federal  permits  he/she  would   be  in                                                               
violation  of the  state permits.   He  pointed out  the language                                                               
indicates  the  guide  cannot hold  more  than  three  concession                                                               
permits  and  anything  done  to  circumvent  that  would  be  in                                                               
violation of the application.                                                                                                   
                                                                                                                                
CO-CHAIR FEIGE surmised  it would be a simple  matter to indicate                                                               
the concession  permit the guide  wanted to  drop in the  event a                                                               
federal concession  permit was subsequently  awarded.   The state                                                               
concession permit could then be reallocated by the department.                                                                  
                                                                                                                                
3:12:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  asked whether  the DNR have  an easy  way to                                                               
access this information.                                                                                                        
                                                                                                                                
MR.  FOGELS  replied  yes;  that  this  kind  of  information  is                                                               
transparent.  He thought it would  be more than a high risk since                                                               
the industry would  know who held the  concession.  Additionally,                                                               
he also thought  it would be possible to put  in a stipulation on                                                               
the application.                                                                                                                
                                                                                                                                
REPRESENTATIVE  JOHNSON offered  his  belief  that the  situation                                                               
would be a self-policing circumstance.                                                                                          
                                                                                                                                
3:13:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE removed his objection.                                                                                           
                                                                                                                                
3:14:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK objected.   He said he would  rather keep the                                                               
old version of the bill than to keep the language as is.                                                                        
                                                                                                                                
CO-CHAIR FEIGE said that is not part of the question.                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK offered  his support  for the  original bill                                                               
and to address amendments individually.                                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON suggested that it  would be easier to keep                                                               
the  amendments in  the  bill  and address  the  language in  the                                                               
proposed committee substitute.                                                                                                  
                                                                                                                                
REPRESENTATIVE TUCK removed his objection.                                                                                      
                                                                                                                                
3:15:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE, in response to Representative Tarr, agreed the                                                                  
committee would take further testimony.                                                                                         
                                                                                                                                
3:16:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON supported adopting the proposed CS so                                                                     
people can comment on it and the committee can review it.                                                                       
                                                                                                                                
3:16:33 PM                                                                                                                    
                                                                                                                                
There being no further objection, Version U was adopted as the                                                                  
working document.                                                                                                               
                                                                                                                                
3:16:48 PM                                                                                                                    
                                                                                                                                
[HB 158 was held over.]                                                                                                         

Document Name Date/Time Subjects
SB27 Virginia 404 Feasibility Study 2012.pdf HRES 3/20/2013 1:00:00 PM
SB 27
SB27 USACE-Alaska Legislative Briefing 2.28.pdf HRES 3/20/2013 1:00:00 PM
SB 27
SB27 DEC Response to HRES 3.19.2013.pdf HRES 3/20/2013 1:00:00 PM
SB 27
SB27 Amendment A.2.pdf HRES 3/20/2013 1:00:00 PM
SB 27
HRES HB 158 Amend A.4.pdf HRES 3/20/2013 1:00:00 PM
HB 158
HRES HB158 Letter Packet 9.pdf HRES 3/20/2013 1:00:00 PM
HB 158
HRES CSHB158 3.20.13.pdf HRES 3/20/2013 1:00:00 PM
HB 158