01/23/1997 03:32 PM Senate STA

              SB  22 BOARD OF GAME QUALIFICATIONS                             
                                                                               
  SENATOR BERT SHARP,  sponsor of SB 22, gave the following overview.         
 SB 22 amends required qualifications for appointees to the Board of           
 Game by additionally requiring nominees to have held an Alaskan               
 hun  ting or trapping license, or a permanent ID card (if over 60           
 years old), during each of the five years immediately preceding               
 appointment to the board.  This requirement would provide improved            
 assurance of interest fostered by past involvement in utilization             
 of the game resource, and understanding of the dynamics of arctic             
 game resource management.  Several other states require the license           
 qualification for appointment to state wildlife boards or advisory            
 boards.  He suggested the following amendment for the committee's             
 consideration:                                                                
  Page 1, line 11, change the word "resident" to "Alaskan."                    
 He explained an "Alaskan" hunting or trapping license can be                  
 obtained by a resident or non-resident.  The purpose of the                   
 suggested amendment is to avoid a residency challenge.                        
                                                                               
 Number 062                                                                    
                                                                               
  WAYNE REGELIN , director of the Division of Wildlife Conservation,           
 Department of Natural Resources (DNR), asked the committee to                 
 consider the following points.  There are many different user                 
 groups in Alaska interested in wildlife management and almost all             
 want representation on the Board of Game.  Although most of the               
 issues that come before the Board of Game do involve hunting                  
 regulations, such as setting seasons and bag limits, and it is                
 logical that most members be hunters,  wildlife management affects            
 many groups.  He questioned whether SB 22 conflicts with AS 16.05             
 which establishes the board and specifies members are to be                   
 appointed on the basis of their interest in wildlife, good                    
 judgment, and knowledge and ability, with a view to providing                 
 diversity of interests and points of view in membership.  He                  
 suggested requiring applicants to have held an Alaskan hunting                
 license for three of the previous five years since many hunters do            
 not hunt every year.  Additionally, many women involved in hunting            
 and trapping activities in Alaska, who do not purchase licenses               
 because they do not actually kill game, would be disqualified under           
 SB 22.                                                                        
                                                                               
 Number 130                                                                    
                                                                               
  CHAIRMAN GREEN  questioned how many Board of Game members have never         
 had hunting or trapping licenses.   MR. REGELIN  was unsure.  He              
 recalled Ann Ruggles was a board member but he was unsure whether             
 she ever purchased a hunting license even though she was involved             
 in hunting activities with her husband.                                       
                                                                               
 Number 197                                                                    
                                                                               
  CHAIRMAN GREEN  took the following testimony via teleconference.             
                                                                               
  LYNN LEVENGOOD  testified in support of SB 22.  The game resource is         
 worth billions of dollars, yet those responsible for managing it              
 are not required to have any expertise or knowledge in that area.             
 To appoint board members with only a casual interest in the                   
 resource is not well reasoned.  He suggested additionally requiring           
 all nominees to have served at least one full term on a local fish            
 and game advisory committee.  Nominees would then understand the              
 process and have demonstrated their sincere interest in sitting on            
 such an important board.  He urged committee members to pass SB 22            
 with the additional local advisory board membership requirement.              
                                                                               
 Number 198                                                                    
                                                                               
  KEVIN SAXBY , Assistant Attorney General assigned to representing            
 the Board of Game and SB 22, pointed out if the amendment suggested           
 by Senator Sharp is not adopted, SB 22 does raise constitutional              
 concerns.  As currently written, SB 22 contains a six year                    
 residency requirement since one year of residency is required prior           
 to obtaining a resident license.  That requirement raises both                
 privileges and immunities, and equal protection, concerns.                    
 Durational residency requirements are not, per se, invalid, but               
 undergo a lot of scrutiny, especially one of this length.                     
                                                                               
  BILL HAGAR  testified in favor of SB 22 and agreed with Mr.                  
 Levengood's suggestion to additionally require membership on a                
 local fish and game advisory committee.  The knowledge required to            
 understand the board process is very extensive.                               
                                                                               
 Number 239                                                                    
                                                                               
  STEVE WELLS , representing the Alaska Wildlife Alliance, testified           
 in opposition to SB 22.  The Board of Game process is a legally               
 mandated public process for establishing wildlife regulations in              
 the state.  Wildlife is a public resource and belongs to the public           
 at large.  The broad public interest in wildlife management is                
 protected by the common use clause of the Alaska Constitution.  Not           
 all Alaskans hunt, but that does not diminish their interest in how           
 wildlife is managed.  SB 22 contradicts itself by stating that                
 appointments provide a diversity of interests yet restricts                   
 appointments to those with hunting licenses.  Such a requirement              
 makes for a diversity of hunting interests, not a diversity of                
 public interests.                                                             
                                                                               
  RALPH SEEKINS  stated many groups have voiced strong goals to                
 eliminate all hunting by humans.  That goal is close to being met             
 with less than 3 percent of the annual harvestable surplus being              
 taken by humans for families.  SB 22 does not require nominees to             
 hunt, but requires nominees to purchase a hunting license to help             
 pay for wildlife management.  Licensed hunters pay their way, and             
 have the only vested interest in the resource.  The Board of Fish             
 is primarily comprised of commercial fishers; game should be                  
 managed similarly.  His goal is to return Alaska to an abundance of           
 wildlife, which directly conflicts with the "ecosystem, non-human             
 use" advocates.  Alaska needs board members who will bring an                 
 abundance back to Alaska; SB 22 is a step in that direction.                  
                                                                               
 There was no further teleconference testimony on SB 22.                       
                                                                               
  SENATOR ROBIN TAYLOR , cosponsor of SB 22, stated the intent of the          
 legislation is to require some qualification for the membership of            
 the board of game: to date there is none other than that one must             
 be an Alaskan resident.  Much of DFG's budget is dependent on the             
 collection of license fees from the users of the resources.                   
 Nothing has prevented other members of the public from voluntarily            
 purchasing licenses or making contributions to assist in resource             
 management, yet those people want to tell DFG how to manage fish              
 and game resources.  It's time nominees for the Board of Game be              
 required to demonstrate a true interest in the resource.                      
                                                                               
 Number 305                                                                    
                                                                               
  SENATOR MACKEY  moved to adopt the amendment suggested by Senator            
 Sharp which changes the word "resident" to "Alaskan" on page 1,               
 line 11.  There being no objection to the motion, the amendment was           
 adopted.                                                                      
                                                                               
 Number 309                                                                    
                                                                               
  SENATOR MILLER  moved SB 22 as amended and accompanying fiscal notes         
 out of committee with individual recommendations.  There being no             
 objection, the motion carried.