Legislature(2019 - 2020)BARNES 124

02/21/2020 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 203 TRANSPORTATION OF LIVE CRAB TELECONFERENCED
Moved CSHB 203(FSH) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 137 LIMIT NONRESIDENT TAKING OF BIG GAME TELECONFERENCED
Heard & Held
-- Public Testimony --
          HB 137-LIMIT NONRESIDENT TAKING OF BIG GAME                                                                       
                                                                                                                                
1:06:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN announced  the final order of  business would be                                                               
HOUSE BILL NO. 137,"An Act relating  to the taking of big game by                                                               
nonresidents; and providing for an effective date."                                                                             
                                                                                                                                
1:06:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN reopened public testimony on HB 137.                                                                           
                                                                                                                                
1:06:58 PM                                                                                                                    
                                                                                                                                
SCOTT JENKINS  disclosed he  is a member  of Resident  Hunters of                                                               
Alaska (RHAK).   Mr. Jenkins  said he  is a lifelong  Alaskan and                                                               
has hunted  big game animals in  Southeast and the Interior.   He                                                               
expressed his support  for HB 137, and  tourism, and acknowledged                                                               
the contributions of nonresidents to  the state.  He opined there                                                               
is a  misconception about the  bill related  to when it  would be                                                               
enforced by  the Alaska  Department of Fish  and Game  (ADFG); HB
137 would  only be enforced when  there is a shortage  of animals                                                               
in certain  areas, which is  a plan  that should be  supported by                                                               
all Alaskans.  He noted ADFG  works very hard to manage fisheries                                                               
and  wildlife; however,  HB 137  would help  protect big  game in                                                               
Alaska.   In Southeast, the  moose herds  in Gustavus and  in the                                                               
[Berners Bay] area are nearly  gone; in addition, there have been                                                               
many closures  in [Region 1-Southeast  Juneau Area  Section 11-A]                                                               
for  shrimp, king  crab, salmon,  and other  species.   Sometimes                                                               
reasons  for  shortages  are  unknown,  and  are  not  caused  by                                                               
overhunting or  overfishing, and it  is important to  implement a                                                               
mechanism such as  HB 137 before it  is too late to  respond to a                                                               
population  decline, as  happened to  the Central  Arctic Caribou                                                               
herd.   Mr.  Jenkins described  how as  a general  contractor his                                                               
business  has  been  affected by  changes  in  [building]  codes,                                                               
zoning,  and   restrictions;  by   making  adjustments,   he  has                                                               
successfully responded  to changes,  and other businesses  can do                                                               
so.    He directed  attention  to  the 2019-2020  Alaska  Hunting                                                               
Regulations on page 7, which  read [in part][original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Nonresidents are  allowed to hunt when  there is enough                                                                    
     game  to  allow  everyone to  participate.  When  there                                                                    
     isn't enough  game, nonresident hunters  are restricted                                                                    
     or   eliminated  first.   If   more  restrictions   are                                                                    
     necessary,  seasons and  bag limits  may be  reduced or                                                                    
     eliminated for some residents.                                                                                             
                                                                                                                                
1:10:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  asked  whether under  intensive  management  (IM)                                                               
protocols  some animals  may not  be harvested,  which would  not                                                               
benefit anyone.                                                                                                                 
                                                                                                                                
MR.  JENKINS recalled  the Central  Arctic Caribou  herd declined                                                               
from  50,000 to  22,000,  the  [IM] target  was  28,000, and  the                                                               
projection was 60  percent [harvest] to residents  and 40 percent                                                               
to  nonresidents;  however,  the  success  rate  was  higher  for                                                               
nonresidents.   He said it is  better to rebuild a  depleted herd                                                               
by   restricting  hunting;   for  example,   in  Gustavus,   ADFG                                                               
restricted moose hunting year to year.                                                                                          
                                                                                                                                
1:13:41 PM                                                                                                                    
                                                                                                                                
ADAM HARRIS  said he  has been  an Alaska  resident for  over ten                                                               
years and  expressed support for  HB 137, which is  a commonsense                                                               
solution to a shortage of big  game resources.  He said those who                                                               
are  considered to  own a  resource should  have a  preference to                                                               
harvest those resources  over those who do not.   He disputed the                                                               
[fiscal note  Identifier:   HB137-DFG-DWC-2-14-20] estimate  of a                                                               
25-75  percent  reduction   in  nonresident  licenses  purchased,                                                               
because shortages do  not commonly occur.  Further,  HB 137 could                                                               
increase revenue  to ADFG because  a license is  purchased before                                                               
one applies for a  draw permit, so if a hunter  fails to obtain a                                                               
permit to hunt  in an area of a shortage,  he/she would use their                                                               
license to hunt in another area of Alaska.                                                                                      
                                                                                                                                
1:17:34 PM                                                                                                                    
                                                                                                                                
ADAM GRENDA  disclosed he  is a RHAK  board member  and expressed                                                               
his support for HB  137.  He said the Board  of Game (BOG), ADFG,                                                               
does not allocate game in  accordance with the state constitution                                                               
and hunting  regulations.  In  response to limited  resources, it                                                               
is  commonsense that  nonresident hunting  would be  first to  be                                                               
cut, put  on a draw  system, or  put on a  permanent registration                                                               
system  with  a  quota.     Mr.  Grenda  said  BOG  supports  the                                                               
commercial  hunting  industry  in  Alaska  by  limiting  tags  or                                                               
shortening  seasons on  an equal  basis;  HB 137  would hold  BOG                                                               
accountable when there is not enough  game to meet the demands of                                                               
Alaskans.    He  questioned  why   BOG  restricts  residents  and                                                               
nonresidents equally in times of  shortages, which is contrary to                                                               
the  state  constitution  and  hunting  regulations  and  is  not                                                               
allowed  in other  states.   Mr.  Grenda said  his five  children                                                               
enjoy consuming  game and he  lives in Alaska to  pursue hunting.                                                               
He cautioned hunting in Alaska is becoming a rich man's sport.                                                                  
                                                                                                                                
1:20:51 PM                                                                                                                    
                                                                                                                                
ROBERT  CASSELL, DDS,  disclosed he  is  a member  of the  Alaska                                                               
Outdoor Council  (AOC), vice-president of  RHAK, and a  member of                                                               
other  hunting  organizations.    He   said  HB  137  is  welcome                                                               
legislation  because  commercial   hunters  have  influenced  BOG                                                               
allocation  decisions.    For  example,  on  Kodiak  Island,  BOG                                                               
allocates 40 percent of the  brown bear permits to nonresident by                                                               
issuing permits  to guides.  A  resident must apply for  a random                                                               
permit with a  2 percent chance of receiving a  permit and he has                                                               
not had success.  However,  a nonresident is virtually guaranteed                                                               
a  permit, and  some  are granted  more than  one.   Dr.  Cassell                                                               
proposed a 90 percent allocation  for residents to BOG, which was                                                               
denied.  He  opined BOG protects the  commercial hunting industry                                                               
at  the expense  of  Alaska resident  hunters,  thus at  personal                                                               
expense, he  has brought a  [lawsuit, Robert Cassell v.  State of                                                               
Alaska, Board  of Game,  filed 5/29/19  in Superior  Court, Third                                                               
Judicial District at  Anchorage] challenging the unconstitutional                                                               
allocation of  Alaskas  wildlife resources  by BOG.   A favorable                                                               
outcome of  the lawsuit  would increase his  chances to  obtain a                                                               
brown  bear permit  from 2  percent to  4 percent  but would  not                                                               
provide a guarantee.  Dr.  Cassell gave brief personal background                                                               
information as  a wildlife  technician and  assistant guide.   He                                                               
concluded,  noting  BOG  plays politics  with  allocations.    In                                                               
response to Co-Chair Lincoln, he said the lawsuit is pending.                                                                   
                                                                                                                                
REPRESENTATIVE HANNAN  asked for  the plaintiff  and jurisdiction                                                               
of the lawsuit.                                                                                                                 
                                                                                                                                
DR. CASSELL said he is the  named plaintiff for the case filed in                                                               
Anchorage Superior Court.  In  further response to Representative                                                               
Hannan, he said it is a civil suit against BOG.                                                                                 
                                                                                                                                
1:25:57 PM                                                                                                                    
                                                                                                                                
JOE KLUTSCH said he has lived  in King Salmon for almost 50 years                                                               
and began  working in the guiding  industry in 1976.   He said he                                                               
has  served as  a  member of  the ADFG  advisory  council in  the                                                               
Bristol  Bay  region dealing  with  hunting,  sport fishing,  and                                                               
commercial  fishing   issues  and   has  lengthy   and  extensive                                                               
experience  with  BOG,  the  Board   of  Fisheries,  and  federal                                                               
agencies in many capacities and at  all levels.  He described the                                                               
BOG  process in  detail,  which he  characterized  as unlike  any                                                               
process elsewhere.  Mr. Klutsch  said if proposals before BOG are                                                               
properly  presented  and  have merit,  generally,  BOG  will  act                                                               
favorably;  however, BOG  does not  allocate individual  animals,                                                               
but instead allocates  opportunity.  He opined  the issues raised                                                               
by  RHAK  have  an  underlying  agenda,  which  is  to  eliminate                                                               
nonresident  guided  hunting wherever  possible.    He noted  his                                                               
agreement with the  previous testimony provided by  AOC.  Without                                                               
reference  to the  specifics of  the Nelchina  and the  Fortymile                                                               
caribou  herds,  he  questioned whether  the  issues  raised  are                                                               
accurate, complete,  or truthful.   Further, Mr.  Klutsch claimed                                                               
the premise of  the bill is flawed, and the  language in the bill                                                               
is vague.                                                                                                                       
                                                                                                                                
1:30:43 PM                                                                                                                    
                                                                                                                                
PAUL CLAUS said  he co-owns and operates  Ultima Thule Outfitter,                                                               
which  is  a  fly-in  lodge  located  within  Wrangell-St.  Elias                                                               
National  Park and  Preserve (the   park),  where  he lives  year                                                               
around.    He said  he  is  a  lifelong  Alaskan, and  the  lodge                                                               
provides  ecotourism,  guided  hunting,  and an  air  taxi.    He                                                               
expressed  opposition to  HB 137.   Mr.  Claus has  three federal                                                               
concession hunting  areas in Wrangell-St  Elias, which  have been                                                               
an integral  source of income  for four generations  beginning in                                                               
the early 60s.                                                                                                                  
                                                                                                                                
1:31:51 PM                                                                                                                    
                                                                                                                                
DONNA CLAUS, co-owner, Ultima Thule  Outfitter, said she has been                                                               
in  Alaska for  44 years,  and deals  with governmental  agencies                                                               
such as the  National Park Service (NPS), U.S.  Department of the                                                               
Interior,  the Alaska  Department  of  Transportation and  Public                                                               
Facilities,  ADFG,  the  Department   of  Commerce,  Community  &                                                               
Economic Development,  the Internal Revenue Service,  and others.                                                               
She said  Mr. Claus and  she have  great respect and  support for                                                               
ADFG and BOG, which makes  decisions based on scientific methods;                                                               
the  bill   would  take  scientific  management   away  from  the                                                               
knowledgeable agency  and give priority  to one group  of people,                                                               
based on human satisfaction.  She said  this is not a good way to                                                               
manage resources;  furthermore, the change from   may  to  shall                                                                
takes management  away from the  professionals at BOG  and begins                                                               
mandating  by  legislation.   The  change  has the  potential  to                                                               
damage part  of their business:   four  guides and a  lodge staff                                                               
depend  on  their  business  for their  income.    Good  business                                                               
decisions must  be made for  capital improvements and  wages, and                                                               
the  uncertainty of  a draw  system  does not  work for  business                                                               
decisions.    Ms.  Claus  advised clients  are  booked  years  in                                                               
advance in  order to  provide excellent  service for  clients and                                                               
local Alaskan hunters.   Hunt draws are announced  once per year;                                                               
she  said  as a  resident  of  the park  she  and  Mr. Claus  are                                                               
federally subsistence hunters and  harvesters and they understand                                                               
all perspectives.   In 2019, over 88,000  resident hunters bought                                                               
licenses  and  approximately  15,300 nonresident  hunters  bought                                                               
licenses;  residents   contributed  $4.3  million  to   ADFG  and                                                               
nonresidents contributed $9.8  million to ADFG.   Ms. Claus urged                                                               
the committee not to pass HB 137.                                                                                               
                                                                                                                                
1:36:23 PM                                                                                                                    
                                                                                                                                
BRAD  SPARKS, MD,  president of  RHAK,  and speaking  on his  own                                                               
behalf, said  his family decided to  only consume wild game.   He                                                               
moved to Alaska  for its hunting opportunities and  worked at the                                                               
Alaska Native  Medical Center  and is now  in a  private practice                                                               
that  provides  jobs  for  over 100  employees.    Regarding  the                                                               
economic  impact of  this issue,  he pointed  out 100,000  Alaska                                                               
residents  buy hunting  licenses,  live and  work  in Alaska  all                                                               
year, and  spend 88 percent  of their hunting dollars  in Alaska,                                                               
which  would total  in  the  billions of  dollars.   On  average,                                                               
100,000  Alaska  residents buy  hunting  licenses  each year  and                                                               
there  are  approximately  1,700   guides,  who  are  essentially                                                               
lobbyists  for  nonresidents.  Thus,  guides total  less  than  2                                                               
percent  of Alaska  resident hunters;  however, they  feel it  is                                                               
fair for the  state not to give preference to  residents in times                                                               
of shortages.   In addition, guides  believe it is fair  to issue                                                               
40 percent  of Kodiak bear tags  to guides, which can  be sold to                                                               
nonresidents.   In  addition, [guides  believe] resident  next of                                                               
kin  tags  should come  out  of  the resident  allocation,  there                                                               
should be  restrictions on residents   ability to  rent equipment                                                               
in  the  field,  and  50  percent of  moose  tags  should  go  to                                                               
nonresidents at the expense of  resident opportunity.  Dr. Sparks                                                               
said  no other  state has  a must-be-guided  species restriction,                                                               
restricts job  opportunities for youth  or adults as  packers, or                                                               
allocates 40-50 percent  of tags to nonresidents.   He questioned                                                               
why  100,000 Alaskans  must justify  their  priority to  Alaskas                                                                
resources,  and  stressed  Alaska  resident  hunters  provide  88                                                               
percent of hunting dollars.  He stated his support for the bill.                                                                
                                                                                                                                
1:40:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN asked Dr. Sparks for his profession.                                                                      
                                                                                                                                
DR.  SPARKS  said  he  is  an  orthopedic  surgeon  at  Anchorage                                                               
Fracture  and   Orthopedic  Clinic.    In   further  response  to                                                               
Representative Hannan, he said he has eaten a brown bear roast.                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK asked  whether the  national standard  of 10                                                               
percent  restrictions  to  nonresidents   is  in  times  of  game                                                               
shortages or in general.                                                                                                        
                                                                                                                                
DR. SPARKS said in other  states residents have a strong priority                                                               
in  times of  restrictions; when  game is  abundant, some  states                                                               
allow up to 10 percent.                                                                                                         
                                                                                                                                
REPRESENTATIVE  HANNAN  pointed  out  in the  majority  of  other                                                               
states much of  the hunting occurs on private  land; for example,                                                               
in  Wyoming, one  can  hunt  elk on  private  land regardless  of                                                               
residency.   She asked  Dr. Sparks  to clarify  state nonresident                                                               
hunt  percentages  in  order  to   compare  the  aspect  of  land                                                               
ownership.                                                                                                                      
                                                                                                                                
DR. SPARKS explained the overall  average in western states is up                                                               
to  10 percent;  however, in  Alaska, big  game wild  animals are                                                               
owned by the state and the state issues hunting tags.                                                                           
                                                                                                                                
1:43:17 PM                                                                                                                    
                                                                                                                                
VIRGIL  UMPHENOUR said  he is  a master  guide who  has lived  in                                                               
Alaska for 49 years.  He  spoke of his lengthy experience serving                                                               
on the  Board of  Fisheries, the  Pacific Salmon  Commission, the                                                               
Fairbanks  Fish and  Game Advisory  Committee, ADFG,  and others,                                                               
and said  he knows the  BOG process  extremely well.   One action                                                               
BOG cannot regulate  is harvest success, which  he illustrated by                                                               
citing  examples from  his military  experience.   Mr.  Umphenour                                                               
said Alaska has the best  process for the promulgation of fishing                                                               
and  hunting regulations;  he represented  Alaska at  the Western                                                               
Association of Fish  and Wildlife Agencies and  he advised Alaska                                                               
is the  only state with  separate boards for  fish and game.   He                                                               
said  RHAK provided  false and  misleading information  about the                                                               
policies of other  states and referred to a brochure  sent to the                                                               
committee that  demonstrated the false information  [document not                                                               
provided].   Mr.  Umphenour stated  nonresident hunting  licenses                                                               
and  tags  produced  76.36 percent  of   wildlife  conservations                                                                
budget  for  calendar  year 2019,  and  the  nonresident  fishing                                                               
licenses  and king  salmon  tags produced  80.77  percent of  the                                                               
budget for sport fishing.                                                                                                       
                                                                                                                                
REPRESENTATIVE HOPKINS  asked for Mr. Umphenours   perspective on                                                               
the game management of the Central Arctic Caribou herd.                                                                         
                                                                                                                                
MR. UMPHENOUR  said the Central  Arctic Caribou herd  borders the                                                               
[James W.  Dalton Highway] north of  the Brooks Range.   In 2018,                                                               
295 resident  hunters harvested  116 caribou,  which is  a hunter                                                               
success rate of 39 percent;  195 nonresident hunters harvested 99                                                               
caribou, which is  a harvest success rate of 50  percent.  Within                                                               
five miles of the highway, hunters  are only allowed to hunt with                                                               
bow and  arrow; from the total  harvest of [215] the  bow harvest                                                               
was  70 caribou,  43 by  resident hunters  and 27  by nonresident                                                               
hunters.  The  game population estimate for the herd  in 2019 was                                                               
30,000 and  the population  objective was  28,000-32,000; at  a 3                                                               
percent  harvest rate,  the  Central Arctic  Caribou  herd has  a                                                               
harvestable  surplus  of 900,  of  which  215  were taken.    Mr.                                                               
Umphenour said the Fortymile caribou  herd is the best example of                                                               
intensive management  and has  a good  population of  caribou and                                                               
hunters can  use all-terrain vehicles  (ATVs); however,  one must                                                               
walk five  miles to  hunt with  a firearm  in the  Central Arctic                                                               
Caribou herd.                                                                                                                   
                                                                                                                                
REPRESENTATIVE TUCK asked whether hunters can fly in to hunt.                                                                   
                                                                                                                                
MR. UMPHENOUR said yes.                                                                                                         
                                                                                                                                
1:52:34 PM                                                                                                                    
                                                                                                                                
JACOB  FLETCHER expressed  his opposition  to HB  137.   He  is a                                                               
guide   and  a   member  of   the  Alaska   Professional  Hunters                                                               
Association (APHA).   He worked  in Kodiak Island and  now guides                                                               
in Talkeetna.   Mr. Fetcher said the bill is  not about shortages                                                               
but whether a hunter will be  satisfied.  From his experience, he                                                               
said BOG  takes time and  effort to review proposals;  the change                                                               
made  by  the bill  would  hamper  BOG  as it  considers  hunting                                                               
opportunities in Alaska.  He restated his opposition to HB 137.                                                                 
                                                                                                                                
1:54:56 PM                                                                                                                    
                                                                                                                                
TYLER  LOKEN disclosed  he  is  a member  of  RHAK and  expressed                                                               
support  for  the  bill;  there is  a  regulation  that  mandates                                                               
nonresidents must  use a guide, and  guides do not want  to limit                                                               
their opportunities.   He  opined the bill  would not  put guides                                                               
out  of business;  Alaska residents  who live  and hunt  here and                                                               
support the legislature should not  take a backseat to commercial                                                               
hunting.   Mr.  Loken recalled  a board-generated  proposal  that                                                               
went  straight directly  after residents,   and suggested  BOG is                                                               
lobbied by  business interests.   He restated his support  for HB
137.                                                                                                                            
                                                                                                                                
CO-CHAIR LINCOLN inquired as to the aforementioned proposal.                                                                    
                                                                                                                                
MR. LOKEN  explained [Proposal  207: Restrictions  on the  Use of                                                               
Aircraft Associated  with Sheep  Hunting] limited  residents  use                                                               
of their  plane and  BOG does  not ensure  that the  interests of                                                               
residents  are  before that  of   high  dollar hunting  from  the                                                               
Outside.                                                                                                                        
                                                                                                                                
1:58:30 PM                                                                                                                    
                                                                                                                                
TOM KIRSTEIN, licensed master guide,  disclosed he is a member of                                                               
APHA, the National Rifle Association,  the Safari Club, and other                                                               
groups.  He provided a  brief history of his professional guiding                                                               
career, beginning  in the   70s, and  said he  has learned  to be                                                               
active  in the  game management  decisions made  by BOG  that are                                                               
important to his future.   The BOG process provides public access                                                               
to  wildlife management  decisions regarding  big game  renewable                                                               
resources for all user groups.   A nonresident hunter is the last                                                               
to receive allocations and resident  hunters receive priority due                                                               
to the  subsistence law.   Further, nonresident hunters  pay most                                                               
of the cost  of the conservation management of  Alaskas  big game                                                               
resources.  Mr.  Kirstein said Alaskans should be  unified in the                                                               
management of game resources, and  he urged the committee to take                                                               
no action on HB 137.                                                                                                            
                                                                                                                                
2:00:47 PM                                                                                                                    
                                                                                                                                
ZACH  DECKER, co-owner,  Glacier  Guides,  provided testimony  on                                                               
behalf of  Alisha Rosenbruch-Decker.  Ms.  Rosenbruch-Decker is a                                                               
lifelong  Alaskan  and  has  spent her  entire  life  working  in                                                               
Alaskas  original  tourism industry  - guiding.   She has  been a                                                               
licensed guide for over 21 years  and is one of two female master                                                               
guides  in  Alaska.    Glacier   Guides  is  a  second-generation                                                               
business,  operating  for almost  50  years.    It is  the  first                                                               
special use  outfitter in the  Tongass National Forest and  is an                                                               
Alaska   National  Interest   Lands  Conservation   Act  (ANILCA)                                                               
operation in  Glacier Bay.   Glacier Guides  goal is  to continue                                                               
its guiding  business into  the future for  visitors who  come to                                                               
Alaska.   Mr. Decker  said HB  137, and the  threat of  a drawing                                                               
hunt, would  change and damage  historic businesses  that provide                                                               
revenue to the state  and the Bush.  The language  of the bill is                                                               
subjective and would erase successful  collaborative work by BOG,                                                               
the U.S.  Forest Service (USFS), U.S.  Department of Agriculture,                                                               
ADFG,  the  guiding industry,  and  the  public, to  ensure  fair                                                               
access to  public land  for all  users, and  sustainable huntable                                                               
brown bear  populations in Southeast.   The bill  would eliminate                                                               
BOGs  collaborative  process; for example, recently  BOG issued a                                                               
memorandum  of understating  (MOU)  between USFS,  ADFG, the  Big                                                               
Game  Commercial Services  Board (BGCSB),  and hunting  guides; a                                                               
drawing  hunt would  change the  collaborative process  and raise                                                               
hunting fees  in Gustavus for  deer, moose,  and bear.   He urged                                                               
the committee not to move the bill forward.                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN asked for information regarding the MOU.                                                                       
                                                                                                                                
MR. DECKER  explained the [Shoreline II  Outfitter/Guide Project]                                                               
was a five-year process to  address issues related to outfitters,                                                               
guides, and tour operators, such as  service days and uses of the                                                               
national forest, especially along the  beach.  The project sought                                                               
better collaboration  between ranger  districts and  user groups,                                                               
and  developed  an  MOU  to   address  changes  in  ownership  of                                                               
businesses and access to the forest,  and to ensure USFS and ADFG                                                               
share biological  reductions with  outfitters, or  other concerns                                                               
that would be referred to BGCSB to protect the public.                                                                          
                                                                                                                                
CO-CHAIR  LINCOLN   surmised  the  MOU  was   specific  to  guide                                                               
operations.                                                                                                                     
                                                                                                                                
MR. DECKER said yes.                                                                                                            
                                                                                                                                
CO-CHAIR LINCOLN  questioned whether  there was  participation by                                                               
Alaska residents not affiliated with guide operations.                                                                          
                                                                                                                                
MR. DECKER responded other participants  were the [Alaska Outdoor                                                               
Council], Territorial  Sportsmen, and a small  ship tour operator                                                               
brought  forward an  issue  regarding a  black  bear hunt,  which                                                               
further involved local sporting groups.                                                                                         
                                                                                                                                
CO-CHAIR  LINCOLN  asked what  other  options  could be  used  to                                                               
address [the issue of resident hunting preference].                                                                             
                                                                                                                                
MR. DECKER said  in Southeast most of the land  is owned by USFS,                                                               
and  most  of the  problems  occur  on  state land;  however,  in                                                               
Southeast there is  an issue with transporters.   He described in                                                               
detail  a  situation of  overharvesting  in  Southeast ADFG  Game                                                               
Management Unit (GMU) 3, which  was resolved when BOG established                                                               
a  draw  for  nonresident,  nonguided permits,  and  the  harvest                                                               
numbers were reduced, without affecting residents.                                                                              
                                                                                                                                
REPRESENTATIVE  TUCK asked  if there  are ways,  other than  draw                                                               
permits,  by which  BOG can  restrict  harvest in  areas of  game                                                               
shortage.                                                                                                                       
                                                                                                                                
2:11:10 PM                                                                                                                    
                                                                                                                                
MR.  DECKER recalled  in the  late  90s  there was  a concern  in                                                               
Southeast ADFG GMU 4 about the  brown bear harvest, due to a loss                                                               
of habitat.   A  brown bear management  strategy group  looked at                                                               
historical data and the number of  hunts and worked with the land                                                               
managers  to establish  a  management number  of  4 percent;  the                                                               
percentage was  not based on  the number  of bears taken,  but on                                                               
the  number of  hunts, thus  guides  are in  business, there  are                                                               
opportunities for resident hunters,  and the harvest objective is                                                               
maintained.    He  said  another option  is  land  management  by                                                               
agencies.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK asked  if the hunts are limited  by draw hunt                                                               
permit.                                                                                                                         
                                                                                                                                
There followed  a short discussion of  the specific circumstances                                                               
of GMU 4.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK remarked:                                                                                                   
                                                                                                                                
      So, it looks like theyre just limiting guides, they                                                                       
      werent just limiting, in the attempt to limit hunts,                                                                      
     it basically limits the amount of guides.                                                                                  
                                                                                                                                
2:16:01 PM                                                                                                                    
                                                                                                                                
MR.  DECKER said  guides  and hunts  were limited  so  as not  to                                                               
affect resident  hunters  access  to game; the  service providers                                                               
were reduced.                                                                                                                   
                                                                                                                                
CO-CHAIR LINCOLN summarized  as follows:  the  bear population is                                                               
managed  at  a   4  percent  take;  residents   hunters  are  not                                                               
restricted; the  number of guides was  reduced through attrition;                                                               
a  set number  of hunts  is  distributed between  guides; a  draw                                                               
permit was  established for nonresident, nonguided  hunters using                                                               
transporters.                                                                                                                   
                                                                                                                                
MR.  DECKER said  the nonresident,  nonguided hunters  relates to                                                               
black bear; the brown bear  management strategy group established                                                               
a  certain number  of nonresident  next of  kin hunts  that could                                                               
take place.                                                                                                                     
                                                                                                                                
REPRESENTATIVE TUCK surmised a draw permit hunt is one option.                                                                  
                                                                                                                                
CO-CHAIR  LINCOLN  pointed out  the  use  of concession  programs                                                               
enables federal land  managers a level of  control and allocation                                                               
not available on state land.                                                                                                    
                                                                                                                                
MR. DECKER said correct.  The  land manager holds a key role; for                                                               
example,  in  Southeast, a  transporter  can  provide housing  on                                                               
saltwater,  but does  not go  ashore and  is not  a permittee  or                                                               
under control of  USFS. Thus, is it important for  a land manager                                                               
to have control.                                                                                                                
                                                                                                                                
2:20:06 PM                                                                                                                    
                                                                                                                                
JAMES CAMPBELL  said he is  a member of RHAK.   He said  his wife                                                               
works  in   tourism  and  he  understands   the  issue  regarding                                                               
businesses that  bring in tourism dollars;  however, many resorts                                                               
and lodges are  not affordable to residents and  earn income from                                                               
sources in  addition to  hunting.   Further, some  tourism income                                                               
leaves the state,  but money from residents stays  in Alaska year                                                               
around.   Mr. Campbell agreed  the state cannot  regulate harvest                                                               
but can  regulate opportunity, and  expressed his support  for HB
137.                                                                                                                            
                                                                                                                                
2:22:39 PM                                                                                                                    
                                                                                                                                
KURT WHITEHEAD,  licensed master  guide, said he  is a  member of                                                               
APHA,  and  he and  his  wife  are  full-time Alaskans  who  have                                                               
operated a  small hunting and  fishing guide business  in Klawock                                                               
since 2006.   He  expressed their  opposition of  HB 137.   Since                                                               
1995,  he has  worked  in Alaska  paying  sales taxes,  mortgage,                                                               
utilities,  fuel, and  expenses.   Like  other guide  outfitters,                                                               
meat is distributed  to the local community  because his business                                                               
supports  Klawock.   The bill  seeks to  mandate that  draw hunts                                                               
would  be  implemented  to satisfy  reasonable  resident  hunting                                                               
opportunities, which  would his damage business;  in addition, HB
137 would  require an overhaul of  hunt structures by BOG.   Draw                                                               
hunts are damaging  to guide operations and most  guides would be                                                               
put out  of business.   He said regulations are  heavily mandated                                                               
by  state  and federal  governments  for  three small  guide  use                                                               
areas, which is  why guide outfitters are  small business owners.                                                               
A lottery  is a destabilizing  management tool proposed  by RHAK.                                                               
Nonresident  clients  choose  guide outfitters  to  ensure  their                                                               
safety  and  pay a  large  share  of  ADFGs  budget;  in  return,                                                               
nonresident hunters  enjoy a hunt in  Alaska.  He said  his guide                                                               
business would not survive under  a draw hunt structure; in fact,                                                               
draw hunts  are necessary  in hotly  contested areas  for certain                                                               
game species.   Mr.  Whitehead pointed out  the ADFG  fiscal note                                                               
which  estimated  a  loss  of   revenue  between  $5  million-$25                                                               
million.  Further,  the guiding community would  lose one-half of                                                               
its total output, amounting to  $20 million-$30 million annually,                                                               
and  lose 1,000  jobs.    He concluded  BOG  can ensure  resident                                                               
hunting opportunities  are met  by limiting  nonresident seasons,                                                               
methods and means, selective closures, and controlled areas.                                                                    
                                                                                                                                
2:26:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK pointed  out  the bill  applies only  during                                                               
periods of restricted hunts for big game.                                                                                       
                                                                                                                                
MR. WHITEHEAD said  his point is the BOG process  is the best way                                                               
because  BOG  has options  to  limit  nonresident seasons,  limit                                                               
methods  and means,  and to  select closures  and controlled  use                                                               
areas.    He  reviewed  the  aforementioned  successful  strategy                                                               
utilized in  Southeast by  BOG.  He  said Alaska  residents dont                                                                
pay for  certain tags, have  the lowest resident  hunting license                                                               
fees in the U.S., and have  the best hunting with few exceptions,                                                               
such as sheep and brown bear on Kodiak.                                                                                         
                                                                                                                                
REPRESENTATIVE  TUCK asked  Mr.  Whitehead to  restate the  other                                                               
options available to BOG.                                                                                                       
                                                                                                                                
MR.  WHITEHEAD  said BOG  can  limit  nonresident seasons,  limit                                                               
methods  and means,  select closures  of  nonresident hunts,  and                                                               
select  controlled  use areas  as  demonstrated  in Southeast  in                                                               
2011.   He further described  events limiting  guiding businesses                                                               
in Southeast that did not affect resident hunters.                                                                              
                                                                                                                                
REPRESENTATIVE  TUCK   questioned  how   the  bill  would   be  a                                                               
destabilizing management tool.                                                                                                  
                                                                                                                                
MR. WHITEHEAD explained  if guides have a  lottery drawing permit                                                               
system, they cannot  plan ahead or accept  nonresident clients on                                                               
short-term notice;  the majority  of his  clients book  hunts six                                                               
months or one year in advance.                                                                                                  
                                                                                                                                
CO-CHAIR  LINCOLN observed  most testimony  in opposition  to the                                                               
bill is directed  at the drawing permit system;  he asked whether                                                               
another management system could be utilized instead.                                                                            
                                                                                                                                
MR. WHITEHEAD deferred  to a member of BOG or  the APHA lobbyist;                                                               
however, he  said drawing permits  deprive small  guide operators                                                               
of flexibility.   He restated  guiding income stays in  the state                                                               
and  supports local  economies; he  gave  an example  of a  moose                                                               
hunting guide  in Unalakleet  who distributes  moose meat  to the                                                               
community.                                                                                                                      
                                                                                                                                
CO-CHAIR TARR inquired as to how meat is distributed.                                                                           
                                                                                                                                
2:36:35 PM                                                                                                                    
                                                                                                                                
MR.  WHITEHEAD said  operators most  often drop  off meat  to the                                                               
closest community  instead of transporting it  back to Anchorage;                                                               
the meat is well cared for  and sought after.  He related several                                                               
examples  of   how  guides   strive  to   be  good   and  ethical                                                               
businessmen.                                                                                                                    
                                                                                                                                
2:41:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  surmised  Mr.   Whitehead  participates  in  a                                                               
federal concession program.                                                                                                     
                                                                                                                                
MR. WHITEHEAD said every guide  in Southeast is regulated through                                                               
USFS and USFS requires guides  to have permission from the upland                                                               
landowner  to   access  state  land;   in  Southeast,   with  few                                                               
exceptions,  guides are  heavily  regulated  through USFS,  which                                                               
prevents conflicts in the field.                                                                                                
                                                                                                                                
CO-CHAIR  LINCOLN  clarified  Mr.   Whitehead  operates  under  a                                                               
concession program that limits use areas.                                                                                       
                                                                                                                                
MR. WHITEHEAD  further explained the guide  concession program is                                                               
overseen by  BGCSB.  All guides  choose three small areas  out of                                                               
approximately one-hundred twenty-five guide  use areas within the                                                               
state,  which is  one  limiting factor;  [HB  137 would  further]                                                               
shackle guides with drawing permits.                                                                                            
                                                                                                                                
CO-CHAIR  LINCOLN expressed  his  understanding guides  currently                                                               
operating  within  limited   areas,  under  concession  programs,                                                               
receive certain permit allocations, and asked for clarification.                                                                
                                                                                                                                
MR. WHITEHEAD  said there are  mandates by USFS; for  example, in                                                               
GMU 2, he  can conduct 15 guided hunts per  year on USFS property                                                               
based on his use in 2006-2007.   There have been no new guides in                                                               
GMU  2 since  2007.   There  were many  problems regarding  brown                                                               
bear, and USFS has not allowed  new brown bear guides since 1999.                                                               
He remarked:                                                                                                                    
                                                                                                                                
     So there were  all capped,  if we have a forest service                                                                    
     permit,  were  all  capped to  the  specific number  of                                                                    
     hunts that we can conduct and  that is set by, well, in                                                                    
     my  case, that  was  set in  once  they allocate  those                                                                    
     hunts  so the     the only  hunts that  I  could do  on                                                                    
     Prince  of  Wales,  that   arent   allocated  for  this                                                                    
     specific number, would be deer hunts .                                                                                     
                                                                                                                                
REPRESENTATIVE  TUCK  returned  attention  to  the  fiscal  notes                                                               
attached to  HB 137, of  which [Identifier:   HB137-DFG-BBS-2-14-                                                               
20] was  a zero  fiscal note.   The  analysis of  [Identifier: HB
137-DFG-DWC-2-14-20] read [original punctuation provided]:                                                                      
                                                                                                                                
     This legislation is intended to limit nonresident taki                                                                     
     ng of big game. The Board of Game (board) will retain                                                                      
     their authority tomake allocative decisions, but this                                                                      
     bill requires the board to limit the harvest of big ga                                                                     
     me by nonresidents and nonresident aliens through a pe                                                                     
     rmit system. Since this legislation does not entirely                                                                      
     eliminate the board's authority to allocate game harve                                                                     
     sts among users, it is difficult to precisely predict                                                                      
     where, when and for which species the mandated limitat                                                                     
     ion on nonresidents would occur. For this reason, the                                                                      
     department is submitting an indeterminate fiscal note.                                                                     
     In any scenario, the decrease in revenue to the fish &                                                                     
      game fund would be significant, ranging from                                                                              
     $2.2M to $6.6M.                                                                                                            
                                                                                                                                
     Currently, nonresidents and nonresident aliens must pu                                                                     
     rchase a tag to harvest big game; prices range from $3                                                                     
     ,000 for a nonresident alien muskox bull tag to $300 f                                                                     
     or a nonresident deer tag. Nonresident license and tag                                                                     
      fees account for approximately 73                                                                                         
     percent of the revenue generated by license and tag sa                                                                     
     les.                                                                                                                       
                                                                                                                                
     Resident licenses and tag sales in FY2019: $3.2M                                                                           
                                                                                                                                
     Nonresident licenses and tag sales in FY2019: $8.8M                                                                        
                                                                                                                                
     In addition, license and tag revenues deposited into t                                                                     
     he fish & game (F&G) fund are the principal match for                                                                      
     federal Pittman-Robertson (P-R) dollars. This reduction                                                                    
      in match dollars                                                                                                          
     would result in an overall revenue decrease to the dep                                                                     
     artment ranging from $8.8M to $26.4M                                                                                       
                                                                                                                                
     25percent reduction in nonresident license and tag sal                                                                     
    es deposited into the F&G                   Fund: $2.2M                                                                     
     Combined P-R/F&G Fund reduction: $8.8M                                                                                     
                                                                                                                                
     75percent reduction in nonresident license and tag sal                                                                     
     es: $6.6M Combined P-R/F&G Fund reduction: $26.4M                                                                          
                                                                                                                                
REPRESENTATIVE  TUCK  said  the  analysis  of  the  indeterminate                                                               
fiscal  note  indicates, during  times  of  shortages, BOG  would                                                               
retain its authority  to make allocation decisions,  and the bill                                                               
does  not entirely  eliminate BOG's  authority  to allocate  game                                                               
harvest, thus  it is difficult  to predict "where, when,  and for                                                               
which  species the  mandated  limitations  on nonresidents  would                                                               
occur."   He  cautioned there  are assumptions  that millions  of                                                               
dollars  of revenue  to  the  state would  be  lost; however,  an                                                               
indeterminate  fiscal  note  indicates   the  potential  loss  is                                                               
unknown at this time.                                                                                                           
                                                                                                                                
2:47:30 PM                                                                                                                    
                                                                                                                                
MIKE  MCCRARY  expressed  support  for   HB  137.    He  returned                                                               
attention to  the GMU 26 caribou  herd.  Mr. McCrary  pointed out                                                               
BOG,  at  its  discretion,   shortened  the  nonresident  season,                                                               
reduced   the   nonresident   bag  limit,   and   established   a                                                               
registration system; also, at its  discretion, BOG applied all of                                                               
the limitations to  residents and nonresidents alike.   He opined                                                               
the bill  requires BOG to  limit nonresidents first, when  a hunt                                                               
requires further  restrictions than  those already in  place, and                                                               
BOG should  review the nonresident components  and decide whether                                                               
restrictions on nonresidents only would  maintain the status of a                                                               
herd population.   He questioned whether BOG has  ever taken this                                                               
action  but   instead  has   generally  applied   limitations  to                                                               
residents and nonresidents.  The change  made by HB 137 from "may                                                               
to shall" does  not add to ADFG expenses related  to conducting a                                                               
draw or  a registration hunt, and  he suggested BOG has  had this                                                               
option for 45 years but has  never done so.  Mr. McCrary recalled                                                               
statistics show  nonresident hunting  has never  been restricted,                                                               
and although  the bill  would not likely  decrease the  number of                                                               
nonresident participation  in hunts  in Alaska, it  would require                                                               
BOG  to  first review  how  restrictions  to nonresident  hunting                                                               
would affect a particular hunt.                                                                                                 
                                                                                                                                
2:52:12 PM                                                                                                                    
                                                                                                                                
LUCAS  GAMBLE  expressed  his  support  for  HB  137.    He  said                                                               
testimony in opposition  to the bill reveals  concern for hunting                                                               
opportunities for  nonresidents; although  he is  sympathetic and                                                               
loves to share Alaska with  Outside friends and family, providing                                                               
an   opportunity  or   experience  differs   from  providing   an                                                               
opportunity to sustain a way of  life for Alaska's residents.  He                                                               
said  his  primary  concern  is for  his  children's  ability  to                                                               
participate in  future hunting  so they will  value their  way of                                                               
life.   Mr. Gamble  observed arguments  in opposition  also muddy                                                               
the principle of  who should benefit from  Alaska's resources; in                                                               
fact, although managing game allocation is challenging,                                                                         
residents should have the best opportunity for the way of life                                                                  
they choose to live.  He restated his support for HB 137.                                                                       
                                                                                                                                
2:54:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN, after ascertaining no one further wished to                                                                   
testify, closed public testimony on HB 137.                                                                                     
                                                                                                                                
HB 137 was held over.                                                                                                           

Document Name Date/Time Subjects
HB 137 Testimony as of 2.20.2020.pdf HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Sponsor Statement 2.10.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 v. A.PDF HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Resident Hunters of Alaska White Paper.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Sectional Analysis v. A 2.10.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Work Draft CS v. M 2.12.20.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Fiscal Note - DFG-DWC 2.14.20.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Fiscal Note - DFG-BBS 2.14.20.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 137 Testimony as of 2.18.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 137
HB 203 Sponsor Statement 01.24.20.pdf HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 1.21.20.PDF HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Fiscal Note ADF&G 1.25.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 City of Unalaska Support Letter 1.25.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Fiscal Note DPS 1.24.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Lynden Suport Letter 1.29.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Ocean Beauty Support Letter 01.28.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 SEAFA Support Letter 1.29.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Sponsor Statement 01.25.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Testimony Recieved by 1.29.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 United Fishermen of Alaska Support Letter 1.14.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Edward Poulsen and Tom Enlow Letter of Support 1.23.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Alaska Bering Sea Crabbers Letter of Support 1.28.20.pdf HFSH 1/30/2020 11:00:00 AM
HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 ASMI Letter of Support 1.30.20.pdf HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Amendment #1 2.2.20.pdf HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Response from DEC 02.02.20.pdf HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Amendment #1 Edgmon 01.31.20.pdf HFSH 2/4/2020 11:00:00 AM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 CS(FSH) v. U 2.5.20.PDF HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Sponsor Statement 2.5.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 HFSH Testimony 2.6.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Fiscal Note 1 - DFG-DCF 2.5.2020.PDF HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 Fiscal Note 2 - DPS-AWT 2.5.2020.PDF HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 DEC Note 2.5.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203
HB 203 HRES Testimony 2.19.2020.pdf HRES 2/19/2020 1:00:00 PM
HRES 2/21/2020 1:00:00 PM
HB 203