Legislature(1999 - 2000)

03/08/2000 02:10 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                   March 8, 2000                                                                                                
                     2:10 p.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Joe Green                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Jeannette James                                                                                                  
Representative Lisa Murkowski                                                                                                   
Representative Eric Croft                                                                                                       
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Pete Kott, Chairman                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
GOVERNOR'S APPOINTMENTS                                                                                                         
                                                                                                                                
Alaska Judicial Council                                                                                                         
                                                                                                                                
     Katie Hurley - Wasilla                                                                                                     
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Commission on Judicial Conduct                                                                                                  
                                                                                                                                
     Arthur Peterson - Juneau                                                                                                   
     Michael McConahy - Fairbanks                                                                                               
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
Violent Crimes Compensation Board                                                                                               
                                                                                                                                
     Stephen Boyer Wallace - Kodiak                                                                                             
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 56                                                                                                   
Proposing an amendment to the Constitution of the State of Alaska                                                               
prohibiting certain initiatives relating to wildlife.                                                                           
                                                                                                                                
     - MOVED HJR 56 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HJR 56                                                                                                                    
SHORT TITLE: CONST. AM: WILDLIFE INITIATIVES                                                                                    
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/16/00      2206     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/16/00      2206     (H)  RES, JUD, FIN                                                                                       
 2/28/00               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
 2/28/00               (H)  <Bill Postponed to 3/1/00>                                                                          
 3/01/00               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
 3/01/00               (H)  Moved Out of Committee                                                                              
 3/01/00               (H)  MINUTE(RES)                                                                                         
 3/03/00      2384     (H)  RES RPT 8DP                                                                                         
 3/03/00      2384     (H)  DP: COWDERY, BARNES, MORGAN,                                                                        
                            WHITAKER,                                                                                           
 3/03/00      2384     (H)  JOULE, MASEK, KAPSNER, HUDSON                                                                       
 3/03/00      2384     (H)  FISCAL NOTE (GOV)                                                                                   
 3/03/00      2408     (H)  COSPONSOR(S): JOULE                                                                                 
 3/08/00               (H)  JUD AT  2:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
KATIE HURLEY, Appointee                                                                                                         
   to the Alaska Judicial Council                                                                                               
P.O. Box 870157                                                                                                                 
Wasilla, Alaska 99687-0157                                                                                                      
POSITION STATEMENT:  Testified as an appointee to the Alaska                                                                    
Judicial Council.                                                                                                               
                                                                                                                                
ARTHUR H. PETERSON, Appointee                                                                                                   
   to the Commission on Judicial Conduct                                                                                        
DILLON & FINDLEY, P.C.                                                                                                          
350 North Franklin Street                                                                                                       
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:   Testified as an appointee to the Commission                                                               
on Judicial Conduct.                                                                                                            
                                                                                                                                
STEPHEN BOYER WALLACE, Appointee                                                                                                
   to the Violent Crimes Compensation Board                                                                                     
P.O. Box 4054                                                                                                                   
Kodiak, Alaska 99615                                                                                                            
POSITION STATEMENT:   Testified as an appointee to the Violent                                                                  
Crimes Compensation Board.                                                                                                      
                                                                                                                                
MICHAEL P. MCCONAHY, Appointee                                                                                                  
   to the Commission on Judicial Conduct                                                                                        
711 Gaffney Road, Suite 202                                                                                                     
Fairbanks, Alaska 99701                                                                                                         
POSITION STATEMENT:   Testified as an appointee to the Commission                                                               
on Judicial Conduct.                                                                                                            
                                                                                                                                
REPRESENTATIVE CARL MORGAN, JR.                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 409                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Sponsor of HJR 56.                                                                                         
                                                                                                                                
HOLLY CARROLL                                                                                                                   
(Address not provided)                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Urged members to oppose HJR 56 because it                                                                  
removes the democratic rights of Alaskan voters.                                                                                
                                                                                                                                
GERON BRUCE, Legislative Liaison                                                                                                
Office of the Commissioner                                                                                                      
Department of Fish & Game                                                                                                       
P.O. Box 25526                                                                                                                  
Juneau, Alaska 99802-5526                                                                                                       
POSITION STATEMENT:   Testified on HJR 56.                                                                                      
                                                                                                                                
SUSAN SCHRADER, Conservation Advocate                                                                                           
Alaska Conservation Voters                                                                                                      
P.O. Box 22151                                                                                                                  
Juneau, Alaska  99802-2151                                                                                                      
POSITION STATEMENT:  Testified on HJR 56.                                                                                       
                                                                                                                                
DICK BISHOP, Vice President                                                                                                     
Alaska Outdoor Council                                                                                                          
211 Fourth Street, Number 302A                                                                                                  
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on HJR 56.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-30, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOE GREEN called the House Judiciary Standing                                                                    
Committee meeting to order at 2:10 p.m.  No other members were                                                                  
present at the call to order.  Representatives Rokeberg, James,                                                                 
Murkowski, Croft and Kerttula arrived as the meeting was in                                                                     
progress.                                                                                                                       
                                                                                                                                
GOVERNOR'S APPOINTMENTS                                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN announced that the first order of business                                                                 
would be confirmation hearings on the Governor's appointments.  He                                                              
pointed out that the Senate Judiciary Committee was supposed to                                                                 
have met with the committee for joint confirmation hearings on this                                                             
date; however, the Senate was in session, and that was no longer                                                                
the case.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GREEN acknowledged that there wasn't yet a quorum                                                                
present but indicated he would take testimony from the various                                                                  
appointees.                                                                                                                     
                                                                                                                                
Alaska Judicial Council                                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN called on Ms. Hurley and asked her explain why                                                             
she wants to be on the Alaska Judicial Council.                                                                                 
                                                                                                                                
Number 0076                                                                                                                     
                                                                                                                                
KATIE HURLEY, Appointee to the Alaska Judicial Council, came before                                                             
the committee to testify.  She indicated that she did not seek the                                                              
position but was asked by the Governor to serve.  She was honored                                                               
to receive the phone call because she considers the council very                                                                
important for the government of the state, and having been present                                                              
at the constitutional convention when the council was created she                                                               
thought that she could give an additional perspective on the                                                                    
judicial article of the constitution.                                                                                           
                                                                                                                                
REPRESENTATIVE GREEN stated he can't think of anybody else who                                                                  
could add such a broad perspective as Ms. Hurley.  She is right in                                                              
that the council is important.  The council is where all the                                                                    
appointees come from.                                                                                                           
                                                                                                                                
Number 0185                                                                                                                     
                                                                                                                                
MS. HURLEY stated the two meetings that she has attended so far                                                                 
have presented interesting and exciting exchanges.                                                                              
                                                                                                                                
REPRESENTATIVE GREEN indicated that he is considering such an                                                                   
approach for other technical positions.  He cited a board of                                                                    
engineers as an example, which could be used to screen engineering                                                              
applicants for very specific jobs.                                                                                              
                                                                                                                                
REPRESENTATIVE GREEN expressed his appreciation of Ms. Hurley and                                                               
her willingness to serve on the council.  He suggested that she                                                                 
contact the Senate Judiciary Committee's aide for their schedule                                                                
and how to proceed forward, as this was suppose to be a joint                                                                   
meeting.                                                                                                                        
                                                                                                                                
Commission on Judicial Conduct                                                                                                  
                                                                                                                                
REPRESENTATIVE GREEN called on Mr. Peterson and asked him to                                                                    
express how he would contribute to the commission.                                                                              
                                                                                                                                
Number 0412                                                                                                                     
                                                                                                                                
ARTHUR H. PETERSON, Appointee to the Commission on Judicial                                                                     
Conduct, came before the committee to testify as an attorney in                                                                 
private practice in Juneau.  He currently serves on the commission                                                              
and is present today for a reappointment hearing.  His merit in                                                                 
being on the commission is due to a reasonable amount of                                                                        
intelligence.  He has over 30 years of practice in the state and                                                                
has gained some worthwhile knowledge during that time working for                                                               
the legislature, the attorney general's office and in private                                                                   
practice.  He noted that serving on the commission is not always                                                                
fun, especially given the issues that it addresses.  It requires a                                                              
certain level of patience and diligence.                                                                                        
                                                                                                                                
Number 0539                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Peterson whether there really are                                                                
problems with the legal system in relation to judicial conduct.                                                                 
                                                                                                                                
MR. PETERSON answered the commission deals with the ethical                                                                     
behavior of judges; it does not deal with the wisdom of their                                                                   
decisions.  The commission deals with judges who have misbehaved on                                                             
the bench or who have engaged in some conduct off the bench that is                                                             
relative to his/her judicial performance.  Having been on the                                                                   
commission now for almost five years, he said, he is repeatedly                                                                 
amazed at the squeaky clean "bunch" of judges here in the state                                                                 
compared to other jurisdictions.  A reason for this, he believes,                                                               
is the selection method for the judiciary.  Judges in other states                                                              
have found that campaigning for an elected position puts them in                                                                
difficult situations, and has resulted in unqualified judges.                                                                   
                                                                                                                                
Number 0795                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Peterson how the commission finds                                                                
out about a judge's misbehavior.                                                                                                
                                                                                                                                
MR. PETERSON answered the overwhelming majority of cases stem from                                                              
complaints presented to the commission, which primarily come from                                                               
dissatisfied litigants.  Upon receipt of a complaint, staff                                                                     
conducts a primary investigation into the matter and makes a                                                                    
recommendation to the commission.  In the case of a dissatisfied                                                                
litigant, the commission typically summarily dismisses the                                                                      
complaint and provides advise on the proper process for an appeal.                                                              
The commission, he noted, has the authority to initiate a complaint                                                             
itself.                                                                                                                         
                                                                                                                                
Number 0951                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Peterson whether it takes legal                                                                  
action for the commission to dismiss a judge from the bench.  It's                                                              
a pretty high calling.                                                                                                          
                                                                                                                                
MR. PETERSON answered the commission makes recommendations to the                                                               
supreme court for action on misconduct, but the commission can take                                                             
action for low-level complaints such as, the recommendation for                                                                 
counseling in the case of a substance abuse problem, or the                                                                     
recommendation for more training in a particular area of the law.                                                               
Actions such as removal, suspension or retirement from the bench                                                                
are matters for the supreme court.                                                                                              
                                                                                                                                
REPRESENTATIVE GREEN announced the arrival of Representative Beth                                                               
Kerttula.                                                                                                                       
                                                                                                                                
Number 1072                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN expressed his appreciation of Mr. Peterson and                                                             
his willingness to serve on the commission.  He suggested that he                                                               
contact the Senate Judiciary Committee's aide for their schedule                                                                
and how to proceed forward, as this was suppose to be a joint                                                                   
meeting.                                                                                                                        
                                                                                                                                
Violent Crimes Compensation Board                                                                                               
                                                                                                                                
REPRESENTATIVE GREEN called on Mr. Wallace and asked him to                                                                     
indicate why he in interested in being reappointed to the board.                                                                
                                                                                                                                
Number 1245                                                                                                                     
                                                                                                                                
STEPHEN BOYER WALLACE, Appointee to the Violent Crimes Compensation                                                             
Board, testified via teleconference from Kodiak.  He was appointed                                                              
in the fall of 1998 and has served since that time.  He would enjoy                                                             
continuing to serve as the attorney member of the board.  It has                                                                
been an interesting process for him.  When he started, he remarked,                                                             
that he didn't know a lot about the board, other than his                                                                       
association with it as a police officer and prosecutor making                                                                   
referrals and answering questions regarding cases.  He doesn't have                                                             
a specific case to present to the committee, but he is willing to                                                               
answer any questions.                                                                                                           
                                                                                                                                
Number 1319                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Wallace whether he sees any conflict                                                             
with his duties as an associate attorney with Jamin, Ebell, Schmitt                                                             
& Mason and his service on the board.                                                                                           
                                                                                                                                
MR. WALLACE answered the only time that there was a conflict was                                                                
when he personally knew of a particular case out of Kodiak; in                                                                  
which case, the other board members "stepped in."                                                                               
                                                                                                                                
Number 1386                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Wallace what type of law he                                                                      
specializes in for the firm.                                                                                                    
                                                                                                                                
MR. WALLACE answered the firm is a general practice law firm with                                                               
offices in Kodiak and Seattle.  He practices domestic relations,                                                                
criminal law, estate planning, contracts, and corporations.  The                                                                
firm does not practice personal injury law in Kodiak, although the                                                              
firm has been involved in the Exxon Valdez litigation on behalf of                                                              
a plaintiff.                                                                                                                    
                                                                                                                                
Number  1451                                                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. Wallace whether the firm may deal in                                                             
some phase of the law that might somehow compromise his judicial                                                                
balance in relation to his service on the board.                                                                                
                                                                                                                                
MR. WALLACE answered the firm practices criminal law, and in                                                                    
private practice the only way to go is criminal defense.  He has                                                                
not found his employment with the firm in conflict with his work on                                                             
the board, except when he is personally familiar with a case out of                                                             
Kodiak.  He feels that he is very confident in discerning any                                                                   
conflict and announcing it for the record.                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN announced the arrival of Representatives Eric                                                              
Croft, Lisa Murkowski and Norman Rokeberg.                                                                                      
                                                                                                                                
Number 1544                                                                                                                     
                                                                                                                                
REPRESENTATIVE LISA MURKOWSKI asked Mr. Wallace how many members                                                                
serve on the board.                                                                                                             
                                                                                                                                
MR. WALLACE replied three members serve on the board.  There is a                                                               
physician member, a public member and an attorney member.                                                                       
                                                                                                                                
Number 1566                                                                                                                     
                                                                                                                                
REPRESENTATIVE BETH KERTTULA asked Mr. Wallace about the average                                                                
type of claim and award.                                                                                                        
                                                                                                                                
MR. WALLACE answered in statute the maximum compensation is $25,000                                                             
per incident.  In the case of death, the maximum compensation is                                                                
$40,000.  He noted that individuals submit expense applications,                                                                
which can be anywhere from less than one hundred dollars to                                                                     
thousands of dollars of uninsured medical expenses.  Individuals                                                                
who incur additional fees can submit an addendum claim as well.                                                                 
The board submits a report annually through the Department of                                                                   
Public Safety, which lists the claims paid during a given year.                                                                 
                                                                                                                                
Number 1683                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN expressed his appreciation of Mr. Wallace and                                                              
his willingness to serve on the board.  He suggested that he                                                                    
contact the Senate Judiciary Committee's aide for their schedule                                                                
and how to proceed forward, as this was suppose to be a joint                                                                   
meeting.                                                                                                                        
                                                                                                                                
Commission on Judicial Conduct                                                                                                  
                                                                                                                                
REPRESENTATIVE GREEN called on Mr. McConahy and asked him to expand                                                             
on his dossier.                                                                                                                 
                                                                                                                                
Number 1742                                                                                                                     
                                                                                                                                
MICHAEL P. MCCONAHY, Appointee to the Commission on Judicial                                                                    
Conduct, testified via teleconference from Fairbanks.  He indicated                                                             
that the most important part of his dossier is that he is a fly                                                                 
fisherman.  [The comment was followed with laughter.]  He has been                                                              
in Fairbanks since 1978, the year he graduated from law school.                                                                 
After about two years of private practice, he went to work for the                                                              
City of Fairbanks as an assistant attorney.  From there he worked                                                               
for a pre-paid legal trust for a plumber and pipefitters union in                                                               
the early 1980s.  From there he worked for the district attorney as                                                             
an assistant district attorney during which time he dealt with                                                                  
rural prosecutions and ultimately became in charge of drug                                                                      
prosecutions.  Since 1986, he has been with the law firm McConahy,                                                              
Zimmerman & Wallace as a trial lawyer for insurance cases, which                                                                
takes him around the state.  He explained that he is on the                                                                     
commission as the result of flattery.  In other words, an outgoing                                                              
commission member indicated that he would do a good job and                                                                     
encouraged him to apply.                                                                                                        
                                                                                                                                
Number 1879                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Mr. McConahy whether he agrees with the                                                              
previous appointee who indicated that the state has a squeaky clean                                                             
judicial system compared to other jurisdictions.  He also asked Mr.                                                             
McConahy how he would feel and what he would do if there was a                                                                  
misconduct of a peer.                                                                                                           
                                                                                                                                
MR. MCCONAHY replied he has attended three meetings so far, but he                                                              
has not been involved in a hearing dealing with the merits of                                                                   
judicial conduct.  He has, however, reviewed voluminous records of                                                              
allegations of misconduct.  Furthermore, he's impressed with the                                                                
quality, dedication and insight of the civilian members of the                                                                  
board, and feels comfortable in reviewing the statutes and                                                                      
regulations.  He noted that there is a provision for recusal; in                                                                
which, he has exercised but he wouldn't have a problem dealing with                                                             
a judge in Fairbanks, for example, who has been accused of                                                                      
misconduct.                                                                                                                     
                                                                                                                                
Number 2007                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN expressed his appreciation of Mr. McConahy and                                                             
his willingness to serve on the commission.  He suggested that he                                                               
contact the Senate Judiciary Committee's aide for their schedule                                                                
and how to proceed forward, as this was suppose to be a joint                                                                   
meeting.                                                                                                                        
                                                                                                                                
HJR 56 - CONST. AM: WILDLIFE INITIATIVES                                                                                        
                                                                                                                                
REPRESENTATIVE GREEN announced that the final order of business                                                                 
would be HOUSE JOINT RESOLUTION NO. 56, proposing an amendment to                                                               
the Constitution of the State of Alaska prohibiting certain                                                                     
initiatives relating to wildlife.                                                                                               
                                                                                                                                
Number 2046                                                                                                                     
                                                                                                                                
REPRESENTATIVE CARL MORGAN, JR., Alaska State Legislature, prime                                                                
sponsor of HJR 56, came forward.  He offered to read the sponsor                                                                
statement.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN asked whether there were any questions.                                                                    
                                                                                                                                
Number 2092                                                                                                                     
                                                                                                                                
REPRESENTATIVE ERIC CROFT asked Representative Morgan, in essence,                                                              
whether there was any history regarding the framers of the Alaska                                                               
constitution and why the provisions that were included were                                                                     
selected.                                                                                                                       
                                                                                                                                
REPRESENTATIVE MORGAN said he didn't know.                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN suggested that might be a good question for                                                                
Dick Bishop [Alaska Outdoor Council].  He then called upon Holly                                                                
Carroll to testify.                                                                                                             
                                                                                                                                
Number 2138                                                                                                                     
                                                                                                                                
HOLLY CARROLL came forward to testify on behalf of herself and                                                                  
Alaskan voters.  She expressed appreciation for the work that                                                                   
legislators do, which is a part of democracy.  However, the ballot                                                              
initiative process is also a wonderful thing given to people by the                                                             
constitution.  She believes it is the only way, aside from electing                                                             
legislators and letting them do what they do, that people can get                                                               
involved in the lawmaking process; in that way, they voice their                                                                
opinions and try to get a law made.                                                                                             
                                                                                                                                
MS. CARROLL continued.  She told members that this process hasn't                                                               
been abused.  Since 1960, only 17 ballot initiatives have passed,                                                               
and only 2 of those had anything to do with wildlife.  The process                                                              
isn't being misused by the public; instead, it is being used if and                                                             
when it is needed.  Ms. Carroll said she could live with this                                                                   
resolution if it made the ballot process more available to Alaskans                                                             
or would resolve the complex issues regarding subsistence or                                                                    
wildlife management.  However, it will do neither.  Instead, it                                                                 
will remove a democratic process, a check and balance available to                                                              
"the fourth branch of government," the people.  Ms. Carroll noted                                                               
that she had chosen to testify before this particular committee                                                                 
because she believes its members are to decide upon the merits,                                                                 
legalities or fairness of individual bills.  She concluded:                                                                     
                                                                                                                                
     ... I think this bill is going to remove some of my                                                                        
     democratic rights - and I don't have a lot after I elect                                                                   
     you.  That's it.  I elect you, and then you get to look                                                                    
     out for me, which is great.  But ... the ballot                                                                            
     initiative is a nice process that if I need to get                                                                         
     involved, I can.  If you take this away, even on single                                                                    
     issues, you're taking it away completely from all                                                                          
     Alaskans.  So I'm urging you to oppose HJR 56, in that I                                                                   
     think it's the removal of my democratic rights as a                                                                        
     voter.  And I urge you to consider the best interests of                                                                   
     all Alaskans and allow us to use this process when we                                                                      
     feel the need.                                                                                                             
                                                                                                                                
Number 2250                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked Ms. Carroll whether she lives in Juneau.                                                             
                                                                                                                                
MS. CARROLL answered that she lives in Juneau now but was born and                                                              
raised in Fairbanks.                                                                                                            
                                                                                                                                
REPRESENTATIVE GREEN suggested that because she lives in Juneau,                                                                
where laws are made and there is access to lawmakers, Ms. Carroll's                                                             
input would be far more valuable and effective using the                                                                        
[legislative] process, rather than being part of a ballot petition                                                              
effort and being one of 22,000 signers on a petition.                                                                           
                                                                                                                                
MS. CARROLL pointed out that if she lived in Fairbanks, she could                                                               
participate in the legislative process via teleconference.                                                                      
Furthermore, she may not be just one of 22,000 signers on a                                                                     
petition; she may want to start a petition herself.  She believes                                                               
it is a very valid democratic process, no less effective than the                                                               
[legislative] process here.  Ms. Carroll mentioned two recent                                                                   
initiatives, one regarding same-sex marriage and one involving                                                                  
snaring that wasn't passed.  She restated that it is a very                                                                     
effective process, and removing it completely won't solve the                                                                   
problem.                                                                                                                        
                                                                                                                                
Number 2338                                                                                                                     
                                                                                                                                
REPRESENTATIVE JEANNETTE JAMES responded that she appreciates Ms.                                                               
Carroll's testimony and certainly doesn't want to depress the                                                                   
public's ability to make changes in laws about which they can't                                                                 
seem to get the legislature to listen.  But the constitution also                                                               
requires, in the area of resources, management on a sustained yield                                                             
basis and for the common use of everyone, including people who want                                                             
to look at [animals] or eat them.  When using a sustained yield                                                                 
basis, it appears to her that it needs to be "biologically driven."                                                             
                                                                                                                                
REPRESENTATIVE JAMES further said that initiatives, however, aren't                                                             
passed based on science but on public opinion, which doesn't always                                                             
match scientific developments.  The interest in this piece of                                                                   
legislation is because it wasn't anticipated, at the time of                                                                    
creating the constitution, that outside influence on these issues,                                                              
through money and efforts, would convince people to do certain                                                                  
things.  She suggested that a line should be drawn at allowing                                                                  
public opinion to make those decisions.  Representative James asked                                                             
Ms. Carroll whether she sees a difference between management of                                                                 
resources and something like legalizing marijuana or another issue                                                              
that is more based on general consensus and public opinion.                                                                     
                                                                                                                                
Number 2447                                                                                                                     
                                                                                                                                
MS. CARROLL agreed that many times there is outside influence.                                                                  
Larger groups such as the NRA [National Rifle Association] and the                                                              
[Alaska] Outdoor Council get a lot of money from outside, for                                                                   
instance, as do conservation groups sometimes.  Ultimately,                                                                     
however, it is only money and money cannot cast votes.  Alaskans                                                                
cast votes.  Outside influence will always be there, and this                                                                   
[resolution] won't solve that.  Ms. Carroll pointed out that the                                                                
constitution doesn't allow initiatives in a couple of areas having                                                              
to do with money and the budget.  She also agreed that people could                                                             
put something outlandish on the ballot.  But she believes that                                                                  
history has shown [ends mid-speech because of tape change; log                                                                  
notes show that Ms. Carroll cited the recent anti-snaring                                                                       
initiative regarding wolves, which didn't pass, as an example where                                                             
the public has made a sound decision].                                                                                          
                                                                                                                                
TAPE 00-30, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. CARROLL continued.  She pointed out that she, a regular voting                                                              
member of the public, is a zoologist; in that sense, she is more                                                                
qualified than some legislators to make decisions about wildlife                                                                
management, because she fully understands it.  Furthermore, she                                                                 
would be just as concerned if this resolution were about any other                                                              
issue such as marriage.  She said it is about the process itself                                                                
and taking it away with this resolution.  Ms. Carroll concluded:                                                                
                                                                                                                                
     I think that you have to trust that even if an outlandish                                                                  
     group of people get some very, very unbiological view and                                                                  
     craft a ballot initiative, that the general people will                                                                    
     consider it on its merits, and it will not pass if it is                                                                   
     not sound.                                                                                                                 
                                                                                                                                
Number 0060                                                                                                                     
                                                                                                                                
GERON BRUCE, Legislative Liaison, Office of the Commissioner,                                                                   
Alaska Department of Fish & Game (ADF&G), came forward to testify                                                               
on behalf of the department.  He noted that Wayne Regelin, director                                                             
of the Division of Wildlife Conservation, had asked him to testify                                                              
because he is attending a Board of Game meeting in Fairbanks;                                                                   
otherwise, he would have been here today.                                                                                       
                                                                                                                                
MR. BRUCE told members that wildlife and fish are two subjects that                                                             
Alaskans like to argue about the most.  They have been very                                                                     
important in Alaska's history and statehood.  He cited that the                                                                 
outside interests that did not want to see statehood and see the                                                                
state manage its own fisheries resources made the argument that                                                                 
Alaskans were not capable of managing their own resources; that                                                                 
they were too close to them; that they wouldn't be professional;                                                                
that they would be too emotional, et cetera.  When Alaska became a                                                              
state, the citizens chose to have a system of wildlife and                                                                      
fisheries management that was very open and involving.                                                                          
                                                                                                                                
MR. BRUCE continued.  There have been citizen boards since                                                                      
statehood, which are comprised of average citizens knowledgeable                                                                
about these types of issues who are empowered by the legislature                                                                
and governor to make decisions on how resources should be used.                                                                 
That system is further strengthened by an entire network of local                                                               
fish and game advisory committees to even further allow citizens to                                                             
vocalize and provide ideas on how wildlife and fisheries resources                                                              
should be managed.  History has shown that Alaskans are not too                                                                 
emotional or that the issues are not too technical for citizens to                                                              
make decisions on, as the resources speak for themselves.  The                                                                  
resources are in general very healthy, unlike many other places.                                                                
                                                                                                                                
Number 0164                                                                                                                     
                                                                                                                                
MR. BRUCE continued.  The ADF&G cannot support this resolution.  It                                                             
fails to recognize that there is more to managing the public's                                                                  
wildlife resources than the application of science and technical                                                                
expertise.  Wildlife management must also consider and respond to                                                               
the values held by the public on how they want their wildlife                                                                   
managed.  In other words, the role of scientific management is to                                                               
achieve the goals and objects desired by the people for the                                                                     
conservation and utilization of their resources.  There are usually                                                             
many options for wildlife management that are biologically                                                                      
sustainable and consistent with sustained yield.  The principle of                                                              
achieving the maximum human harvest of big game for human                                                                       
consumption as the highest and best is not a scientific matter;                                                                 
it's a public policy matter, and like many public policy issues                                                                 
there are differing views.  The initiative process is the most                                                                  
direct way that the public can sort out their views on public                                                                   
policies, and taking that away is something the ADF&G cannot                                                                    
support.                                                                                                                        
                                                                                                                                
MR. BRUCE continued.  Wildlife management involves scientific and                                                               
technical expertise, and so does the administration of many other                                                               
public functions.  He cited fisheries, education, public health,                                                                
and transportation planning as examples of complex subjects                                                                     
involving the application of special training and expertise to                                                                  
manage and conduct programs effectively.  There appears to be no                                                                
reason to single out wildlife management as a subject too complex                                                               
or too emotional for the public to make policy decisions through                                                                
the initiative process.  Furthermore, it is worth remembering that                                                              
a law enacted by an initiative can be amended by the legislature                                                                
immediately, if there is an error or if it brings about                                                                         
unanticipated consequences that are injurious to the public or                                                                  
wildlife resources.  And after two years the legislature may repeal                                                             
the law passed by the initiative entirely, if the legislature                                                                   
believes that it is inappropriate for the state.  Given these                                                                   
checks and balances, he said, there is little risk that a poor                                                                  
initiative in the eyes of the legislature would cause any lasting                                                               
harm to the state's wildlife.                                                                                                   
                                                                                                                                
MR. BRUCE continued.  The department believes that removing                                                                     
wildlife issues from the reach of the initiative process would lead                                                             
to more conflict rather than less.  The initiative process, he                                                                  
said, at least allows an outlet or venue for people to make                                                                     
decisions collectively.  The people are still going to have views,                                                              
and they're still going to take measures to get those views                                                                     
advanced.  The department thinks that this would result in                                                                      
increased litigation, and politicize the work of their biologists.                                                              
The department does not think that removing the public's ability to                                                             
act directly, when they feel that it is necessary, does not promote                                                             
better faith in government.  The department also believes that it                                                               
would make their job of managing the state's wildlife more                                                                      
difficult rather than easier.                                                                                                   
                                                                                                                                
Number 0329                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. Bruce whether he had said that there                                                             
was discussion during the constitutional convention on wildlife                                                                 
matters.                                                                                                                        
                                                                                                                                
MR. BRUCE answered that he was not referring to the constitutional                                                              
convention itself; he was referring to history.  Richard Cooley                                                                 
(ph) and former-Senator Gruening have written histories on salmon                                                               
management during territorial days.                                                                                             
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES indicated that the state's wolf control                                                                    
program was adjusted for political correctness, and now it is                                                                   
facing some critical issues because of the biological neglect                                                                   
created by that controversy.  She asked Mr. Bruce whether he would                                                              
agree that there has been a change and that the issue is more acute                                                             
today as a result of abandoning that biologically determined                                                                    
program.                                                                                                                        
                                                                                                                                
MR. BRUCE replied that he worked for former-Commissioner Rosier                                                                 
[Hickel Administration] when an aerial wolf control program was                                                                 
proposed and the Administration was prepared to move it forward.                                                                
This issue has been controversial for a long time.  He elaborated:                                                              
                                                                                                                                
     You may all remember what happened.  There was a great                                                                     
     outcry both from within Alaska and out[side] Alaska.                                                                       
     There was the threatened tourism boycott, and in the end                                                                   
     Governor Hickel made the decision that moving ahead with                                                                   
     that program was too costly, too controversial, and the                                                                    
     benefits did not outweigh the cause.                                                                                       
                                                                                                                                
Number 0491                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked Mr. Bruce whether the state is in an                                                                 
acute situation now because it has abandoned the sustained                                                                      
management program.                                                                                                             
                                                                                                                                
MR. BRUCE replied he doesn't think that the state has abandoned                                                                 
sustained yield management.  The populations are still sustaining                                                               
themselves and providing a yield, in most cases.  The question                                                                  
really is whether or not the state wants to adopt a policy to                                                                   
manipulate predator populations in order to boost prey populations                                                              
for a higher yield.  The debate really is about whether or not the                                                              
state wants to have a high yield for human use in particular                                                                    
locations or whether the state wants a system that allows a low                                                                 
level of natural equilibrium to develop between unmanipulated                                                                   
predator populations and their prey.                                                                                            
                                                                                                                                
Number 0574                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked Mr. Bruce whether he agrees with nature                                                              
taking its course as a cycle.                                                                                                   
                                                                                                                                
MR. BRUCE replied that is not a decision for the department to                                                                  
make.  It is a decision for the public, the legislature and the                                                                 
Board of Game.  The department works to achieve the goals set by                                                                
the aforementioned.  He stated:                                                                                                 
                                                                                                                                
     One of the things that is characteristic of the Alaska                                                                     
     system is that we have tried to separate and make clear                                                                    
     when policy decisions are being made and when the                                                                          
     biological, technical expertise is being exercised to try                                                                  
     to achieve those policy decisions.  The department does                                                                    
     that part.  The public processes that we have do the                                                                       
     other part.                                                                                                                
                                                                                                                                
Number 0665                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Bruce whether McGrath is at a                                                                 
Tier II level.  In other words, which areas are restricting outside                                                             
hunters in relation to predator control?                                                                                        
                                                                                                                                
MR. BRUCE replied he can't answer that question off the top of his                                                              
head.                                                                                                                           
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Bruce whether there has ever been                                                             
a study on the impact of outside hunters in relation to moose and                                                               
the impact of predators.                                                                                                        
                                                                                                                                
MR. BRUCE replied he can't reference a study right now.  The Board                                                              
of Game restricts guided hunting and takes other measures when a                                                                
population is declining in order to maximize opportunities for                                                                  
Alaskans.                                                                                                                       
                                                                                                                                
Number 0713                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. Bruce whether the Board of Game has                                                              
eliminated outside hunters in McGrath.                                                                                          
                                                                                                                                
MR. BRUCE replied he can't answer that question now.  He would get                                                              
back to him with an answer.                                                                                                     
                                                                                                                                
Number 0727                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN noted that this is a very emotional issue.  He                                                             
posed an example where an initiative says "we're not going allow                                                                
you to control predation, that we do want to go on the natural                                                                  
cycle."  A herd like the Fortymile [caribou] herd, he said,                                                                     
migrates across the international line; he mentioned that the                                                                   
Canadians had decided to "sterilize the alpha male and female to                                                                
help reduce rather than to actually kill the predators," which was                                                              
somewhat successful.  He stated:                                                                                                
                                                                                                                                
     My question though is, if we had some initiative like                                                                      
     this that we were going to mess with the predator side of                                                                  
     it and it was my understanding that Fortymile herd was                                                                     
     kind of going over the limits would that preclude you                                                                      
     then.  Would you, as a biologist, say that well gosh we                                                                    
     can't do anything about that.  We're just gonna have to                                                                    
     live with that and maybe say "sayonara" to the Fortymile                                                                   
     herd.                                                                                                                      
                                                                                                                                
MR. BRUCE answered that the ADF&G is conducting a sterilization                                                                 
program with wolves in the Fortymile area, and they are seeing some                                                             
recovery.  It is experimental, however, and they are trying to                                                                  
learn from it.  It looks promising at this point, but it is too                                                                 
early to tell how successful it might be and how wide it might be                                                               
applied.  In response to Representative Green's broader question,                                                               
it would be hard to tell whether an initiative involving a natural                                                              
cycle would get past the Alaskan people.                                                                                        
                                                                                                                                
Number 0838                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN rephrased his scenario:                                                                                    
                                                                                                                                
     The initiative petition hasn't passed, but it's up now;                                                                    
     it's got the required number of signatures ....  Let's                                                                     
     assume it's the Fortymile herd that we're concerned about                                                                  
     or something else like that.  Would the Department of                                                                      
     Fish & Game then go on any kind of an educational program                                                                  
     to say, "Well, now, wait a minute; we may not want to do                                                                   
     this from a scientific standpoint"?                                                                                        
                                                                                                                                
MR. BRUCE answered that it is the department's job to provide                                                                   
information on the likely outcome, which can be done without                                                                    
lobbying for one side or the other.                                                                                             
                                                                                                                                
Number 0911                                                                                                                     
                                                                                                                                
SUSAN SCHRADER, Conservation Advocate, Alaska Conservation Voters                                                               
(ACV), stated that ACV is a non-profit organization dedicated to                                                                
protecting Alaska's environment through public education and                                                                    
advocacy.  She said that they have 40 organizations that represent                                                              
about 22,000 registered Alaskan voters.  They have consistently                                                                 
opposed efforts by the legislature to limit Alaskan's                                                                           
constitutional right to participate in the initiative process and                                                               
unfortunately HJR 56 is yet another attack on that right that they                                                              
oppose.  She explained that none of their reasons are new; they                                                                 
have been echoed by other folks that have testified on HJR 56.                                                                  
                                                                                                                                
MS. SCHRADER stated that although HJR 56 addresses just wildlife                                                                
initiatives to many of their members it represents an erosion of                                                                
public access to government, in general.  When one group of                                                                     
Alaskans is denied an opportunity to address an issue that they                                                                 
strongly believe in, through the initiative process, the freedom of                                                             
all Alaskans is being threatened.  She pointed out that public                                                                  
policy issues that are addressed through the initiative process are                                                             
very likely a lot more public discussion than many of the bills                                                                 
that make their way through committees in the legislative process.                                                              
Supporters of the resolution speak to wanting to put the wildlife                                                               
management issue back into the hands of the biologists and the                                                                  
policies back into the hands of the legislators.                                                                                
                                                                                                                                
MS. SCHRADER continued.  The legislature directs policy to the                                                                  
ADF&G, and, through its confirmation process, essentially chooses                                                               
the members of the Board of Game.  Thus the initiative process is                                                               
one of the few ways left to the citizens to perform an important                                                                
check on the powers of the legislature.  She pointed out that when                                                              
they are being asked to relinquish their right to vote on wildlife                                                              
management issues, through the initiative process, they feel they                                                               
are being told that they are not competent enough to do so and that                                                             
they should trust the decisions resulting from an unbalanced                                                                    
process that currently promotes the principles of intensive game                                                                
management and the values of consumptive users to the near-                                                                     
exclusion of other users.                                                                                                       
                                                                                                                                
MS. SCHRADER indicated that the constitution's sustained yield and                                                              
multiple-use provisions have served Alaskans and their wildlife                                                                 
very well.  Those same framers of our constitution who were wise                                                                
enough to put Article VIII into it also included the initiative                                                                 
process.  They had faith in the ability of Alaskans to make                                                                     
informed decisions through the initiative process and obviously                                                                 
that faith that our framers had is not being shared by the                                                                      
legislature.  The legislature has ways to reverse the initiative                                                                
process if they see fit.  SB 74, that passed into law last year,                                                                
was a fine example.  It is within the legislature's power to                                                                    
correct any legitimate problems that might result from the                                                                      
initiative process.  Clearly, the system is not broken and clearly                                                              
the wildlife of Alaska are not going to be safer if this tool of                                                                
democracy is taken away from the citizens of Alaska.                                                                            
                                                                                                                                
Number 1153                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA wondered whether there are other states                                                                 
that ban wildlife initiatives like this.                                                                                        
                                                                                                                                
MS. SCHRADER replied that the one state she is aware of is Utah,                                                                
which passed an amendment to their constitution in 1998.  She                                                                   
indicated that is does not directly ban the use of the initiative                                                               
process on wildlife issues, but rather it requires a two-thirds                                                                 
vote by the general public to pass an initiative instead of a                                                                   
majority.  She noted that the supporters of the amendment on the                                                                
ballot out spent the opponents 12-1; they spent over a half-million                                                             
dollars and the National Rifle Association (NRA) figured most                                                                   
prominently in the money coming in.                                                                                             
                                                                                                                                
REPRESENTATIVE JAMES said that she appreciates Ms. Schrader's                                                                   
testimony and in a lot of ways is in agreement, but expressed                                                                   
concern with the fact that Alaska is like five states within                                                                    
itself, with Anchorage having the largest concentration of people                                                               
that make the decisions and many of those people really have no                                                                 
understanding of the rural issues.  She pointed out that HJR 56 is                                                              
a constitutional amendment and the public will have an opportunity                                                              
to vote on it, for it is not an advisory vote like last September.                                                              
If the legislature was to pass HJR 56, which would take a two-                                                                  
thirds vote from the House and Senate, the public will still have                                                               
the opportunity to say, "No."  She added that she believes having                                                               
a two-thirds vote required for a constitutional amendment is a good                                                             
one.  She wondered whether Ms. Schrader was opposed to the ideas                                                                
she just suggested.                                                                                                             
                                                                                                                                
Number 1357                                                                                                                     
                                                                                                                                
MS. SCHRADER said that obviously Representative James is right that                                                             
if HJR 56 gets its two-thirds vote in the House and Senate then it                                                              
will go to the public and once again the concern is that it will                                                                
once again pull in outside money and a lot of time, money and                                                                   
effort will be spent on both sides.  She disagreed with                                                                         
Representative James's comment about so many folks being                                                                        
concentrated in an urban setting, like Anchorage, and not having an                                                             
appreciation for rural issues.  She pointed out that it does not                                                                
take long to be in Alaska and gain a respect for people who live in                                                             
rural areas.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAMES referred to Ms. Schrader's comment about huge                                                              
sums of money coming in from both sides.  She pointed out that in                                                               
their campaign finance reform issue they have made a limit on the                                                               
amount of money that candidates can get and where they can get the                                                              
money from, but they have not made any restrictions on the                                                                      
initiative process.  She said that she disagrees with outside money                                                             
coming in.  She indicated that if Alaskans could make their own                                                                 
decisions without influence from people outside of the state then                                                               
she believes they would not be so concerned with issues like the                                                                
one before them.                                                                                                                
                                                                                                                                
MS. SCHRADER agreed with Representative James and said that the                                                                 
money issue is so troubling with all aspects of the democratic                                                                  
process.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JAMES pointed out that it would also help if there                                                               
was truth in advertising.                                                                                                       
                                                                                                                                
REPRESENTATIVE MURKOWSKI expressed concern with Ms. Schrader's                                                                  
comment that the legislature does not have faith in the Alaskan                                                                 
people on wildlife management issues.  She pointed out that their                                                               
concern is not with what the Alaskan people know and understand,                                                                
but rather the influence by the outside dollars.  She said that to                                                              
say that the legislature does not have faith in Alaskans is a                                                                   
pretty condemning and broad statement.  She explained that Alaska                                                               
is a very cheap state to buy on an issue with only 650,000 people                                                               
living here.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JAMES stated that she believes every single                                                                      
legislator is concerned with what the public wants and they want to                                                             
be sure that the public has all the information they need to make                                                               
an informed decision.  She added that the legislature needs to do                                                               
a better job in communicating.  She asked Ms. Schrader if the                                                                   
legislature worked harder to let the public know the details of                                                                 
what they deal with everyday would it help them to have a better                                                                
relationship with the public.                                                                                                   
                                                                                                                                
MS. SCHRADER replied that she is not sure what the public would end                                                             
up hearing along the lines of communication; there is a lot of                                                                  
opportunity for a disconnect.                                                                                                   
                                                                                                                                
REPRESENTATIVE JAMES agreed that the disconnect is there, but she                                                               
stressed that she does not want it to be said that she does not                                                                 
trust the public.                                                                                                               
                                                                                                                                
MS. SCHRADER indicated that it has to do with the legislature not                                                               
having faith in the values of many Alaskans.  She pointed out that                                                              
there are many Alaskans who have values that differ from many of                                                                
the more vocal hunters and trappers in the communities.  She said                                                               
that those values may be influenced by outside money, but that                                                                  
really their value system is something held more deeply.  She                                                                   
pointed out that the whole reason they are having initiatives is                                                                
because many Alaskans feel that their values are being discounted                                                               
by the Board of Game and some of the actions by the legislature,                                                                
such as the intensive game management statutes.                                                                                 
                                                                                                                                
Number 1929                                                                                                                     
                                                                                                                                
DICK BISHOP, Vice President, Alaska Outdoor Council (AOC), stated                                                               
it's astounding that the legislature is being blamed for wanting to                                                             
restrict the opportunities of the general public, when in fact it                                                               
was a segment of the public that requested that this type of                                                                    
resolution be introduced.  The AOC strongly supports HJR 56 and is                                                              
part of that segment of the public who has supported the                                                                        
introduction of this resolution.  The reason is simple, he said:                                                                
"ballot box biology" is not the way to manage natural resources.                                                                
He pointed out that 26 states do not have an initiative process for                                                             
any subject matter, and as far as he can tell those states continue                                                             
to function.                                                                                                                    
                                                                                                                                
MR. BISHOP continued.  He referred to a letter from The Wildlife                                                                
Society, date March 3, 2000, which indicates that the initiative                                                                
process is not a very good way to manage wildlife.  He's glad to                                                                
see the association taking such a position because it represents                                                                
approximately 300 wildlife biologists in the state who work for                                                                 
state or federal agencies and are unable to take a position for                                                                 
fear of risking their job.  He noted that the society doesn't take                                                              
a direct position on this resolution, but it is clear that in                                                                   
general they believe the initiative process for wildlife management                                                             
is a "loose canon."                                                                                                             
                                                                                                                                
MR. BISHOP continued.  In reference to an earlier question about                                                                
the number of outside hunters in the McGrath area, he pointed out                                                               
that in Unit 19D-East there were 3 successful non-resident moose                                                                
hunters from 1995 to 1997, and 16 in 1998.  The numbers indicate                                                                
that the level of human harvest by non-residents is quite low and                                                               
not significant in terms of the moose population levels in the                                                                  
area.  The take for residents is not very high either.  He cited                                                                
that there were 55 successful resident moose hunters in 1995, 54 in                                                             
1996, 58 in 1997, and 38 in 1998.  The information, he noted, is                                                                
from the Department of Fish & Game.  Having been an area biologist                                                              
for that area, he said, most of the non-resident takes were in the                                                              
foothills and not in the controlled areas.                                                                                      
                                                                                                                                
Number 2417                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Bishop whether she heard him say                                                              
that non-resident moose hunters went from 3 in 1996 to 16 in 1998.                                                              
                                                                                                                                
MR. BISHOP replied, "That's correct."  He read the following                                                                    
asterisk from the statistics:                                                                                                   
                                                                                                                                
     There is an error in the reported non-resident harvest                                                                     
     that occurred in that portion of Unit 19, referenced as                                                                    
     19D-East.  This error was most obvious in the 1998                                                                         
     harvest data.  That portion of Unit 19D is closed to non-                                                                  
residents for moose hunting and has been closed since 1995.  At                                                                 
this time, it's unknown what might have caused this error.  It                                                                  
could have been that non-resident hunters incorrectly reported                                                                  
their hunt location... [TAPE CHANGE]                                                                                            
                                                                                                                                
TAPE 00-31, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MR. BISHOP continued.  The AOC is concerned that the initiative                                                                 
process is being abused; that it invites and even promotes the                                                                  
casual, misinformed or uninformed reaction by people on complex                                                                 
issues.  He said, "It has become a battle of 30-second sound bytes                                                              
and there are no requirements for truth in advertising.  And the                                                                
big bucks usually win."  Initiatives, he said, are usually promoted                                                             
with emotions and simplistic reactions to complicated questions,                                                                
and quite often the issue is misrepresented as a failure of the                                                                 
system.  The system being the Board of Game, advisory committees,                                                               
and the perspectives of the members thereof.  History has shown,                                                                
however, that initiative proponents generally fail to make their                                                                
case with the boards.  He cited that at a debate in 1996, when the                                                              
same-day-airborne initiative was being advertized as a prohibition                                                              
on aerial shooting, which in itself was a misrepresentation, a                                                                  
representative of Green Peace indicated that they had been going to                                                             
the Board of Game with their arguments for 10 years and had not                                                                 
been able to make any headway.  Mr. Bishop asked the representative                                                             
whether it ever occurred to them that they didn't have a credible                                                               
position.  The representative was not forthcoming with an answer.                                                               
He further pointed out that, although people who promote                                                                        
restrictions on hunting or trapping are displeased or uncomfortable                                                             
with their proposal not being accepted by the Board of Game, there                                                              
are lots of pro-hunting and pro-trapping proposals that are turned                                                              
down every year because they are "lousy."  It's not just a question                                                             
of the board reviewing anti-hunting proposals with skepticism; it's                                                             
a question of all proposals being reviewed.                                                                                     
                                                                                                                                
MR. BISHOP continued.  He is familiar with the background of the                                                                
constitutional convention, but he believes this wasn't an issue at                                                              
the time.  This wasn't even an issue at the national level until                                                                
about 10 years ago, when initiatives became popular as a means to                                                               
raise concerns that were not being successfully raised through the                                                              
regulatory and legislative processes.  Mr. Bishop said "ballot box                                                              
biology" is mass marketing.  He elaborated:                                                                                     
                                                                                                                                
     It's a great way to sell soap.  If it looks, smells,                                                                       
     feels good and you can buy it, and you can read the list                                                                   
     of ingredients later and see whether you think it's all                                                                    
     right.  If you do that though with our management of                                                                       
     wildlife reading the ingredients later can be very                                                                         
     unfortunate.                                                                                                               
                                                                                                                                
MR. BISHOP continued, saying "ballot box biology" is an end-run                                                                 
around a representative government.  He agrees that the loss of a                                                               
democratic privilege should not be taken lightly, but the system is                                                             
not set up for decisions of public policies to be made by "mob                                                                  
rule" or by the majority-of-the-moment; it's set up to be decided                                                               
through a systematic process.                                                                                                   
                                                                                                                                
Number 0505                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA indicated that same-day-airborne hunting is                                                             
not really a sport but rather a type of predator control.  She                                                                  
further mentioned that this issue was discussed today on the floor                                                              
of the House of Representatives, and asked Mr. Bishop whether it's                                                              
more logical to use a helicopter rather than a small plane.                                                                     
                                                                                                                                
MR. BISHOP replied he didn't hear the debate on the floor, so he's                                                              
not sure of the exact context.  He can say, however, that the use                                                               
of an aircraft is an issue of predator control, not sport hunting.                                                              
Moreover, there is a relative advantage to using a helicopter in                                                                
that it is more mobile, but it is also more expensive.  He                                                                      
reiterated that there are regulations against the use of                                                                        
helicopters for hunting or trapping, so the only option is for a                                                                
government program, which can be an efficient means to control                                                                  
predators.                                                                                                                      
                                                                                                                                
Number 0654                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated she was told that the only way to                                                                   
control wolves is to take the pack or a major part of the pack, not                                                             
the occasional wolf.  She asked Mr. Bishop whether that is a reason                                                             
why any type of predator control has to be done from the air.                                                                   
                                                                                                                                
MR. BISHOP replied there is no significant effect on lowering the                                                               
population of wolves, unless more than 40 percent are removed on an                                                             
annual basis.  Wolf populations are capable of recovering 40                                                                    
percent of their population within one year.  He further stated                                                                 
that in order to affect an actual reduction that is going to                                                                    
provide a lasting opportunity for moose or caribou populations to                                                               
recover, 70 percent to 80 percent of the wolf population needs to                                                               
be removed for several consecutive years.  That assumes, however,                                                               
that wolves are the problem.  There are situations where bears are                                                              
a substantial or principal part of the problem.  However, in Unit                                                               
19D-East wolves are clearly the problem.                                                                                        
                                                                                                                                
Number 0781                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA said she is trying to understand the fear                                                               
associated with this issue.  She asked Mr. Bishop whether it's a                                                                
fear of the Alaskan voters or a fear of outside influence.  In                                                                  
other words:  Is the AOC's concern a true reflection of what                                                                    
Alaskan themselves want to do?                                                                                                  
                                                                                                                                
MR. BISHOP replied it's a combination of both.  He believes that                                                                
the ideological leadership is promoted by outside organizations.                                                                
He cited People for the Ethical Treatment of Animals, Friends of                                                                
the Animals, and Defenders of Wildlife as examples of outside                                                                   
influence.  Those organizations are in business to focus on an                                                                  
issue, and they are very successful in raising a considerable                                                                   
degree of concern.  Yet a substantial part of the information                                                                   
presented is untrue.  He cited that Friends of the Animals raised                                                               
concerns nationwide when they indicated that wolf control in Alaska                                                             
would affect wolves in the Lower 48.  He also cited that in 1996,                                                               
when the same-day-airborne hunting imitative was on the ballot, the                                                             
television advertisements indicated that the initiative intended to                                                             
ban aerial hunting.                                                                                                             
                                                                                                                                
Number 0971                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA stated is seems that the problem is with                                                                
truth in advertising and the influences therein, not Alaskans                                                                   
themselves.  She believes that the people of Alaska should have                                                                 
their fundamental democratic right to speak up when they feel that                                                              
something is too far "out of wack."                                                                                             
                                                                                                                                
MR. BISHOP replied the AOC recognizes that the initiative process                                                               
is something the people prize highly, but he can say with                                                                       
confidence that the opportunity for public input on management                                                                  
policies and actions is underutilized because it is so extensive.                                                               
The people simply don't use the current system, a system that has                                                               
been remarked as the most democratic for setting regulations in the                                                             
nation, if not the world.                                                                                                       
                                                                                                                                
MR. BISHOP continued.  He commented it is a myth that those who sit                                                             
on the Board of Game who have a hunting license are incapable of                                                                
representing those who value non-consumptive uses.  He knows that                                                               
a number of the members were appointed because they were considered                                                             
moderates or advocates of non-consumptive uses, and Governor                                                                    
Knowles appointed them for those purposes.  They have taken their                                                               
responsibilities very seriously and have done a very good job in                                                                
addressing all interests, and their position on wolf control                                                                    
reflects that quite well.                                                                                                       
                                                                                                                                
Number 1129                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT indicated that the big increase in Unit 19D                                                                
was for non-resident hunters, which went from 19 to 31 from 1995 to                                                             
1998, respectively.  Resident hunters went from 92 to 56.  He said,                                                             
                                                                                                                                
     ... If the moose that had been taken by non-residents had                                                                  
     been taken by residents instead, they'd have the same                                                                      
     historic levels they always had.  Or, playing with the                                                                     
     numbers, in [19]95 it was an 82-percent resident take.                                                                     
     By [19]98 it had dropped to 66.  Taking the numbers one                                                                    
     more way.  The success rate has stayed about the same for                                                                  
     resident hunters in that area.  About 42 percent of the                                                                    
     hunts result in success.  But the non-resident success                                                                     
     rate had skyrocketed by [19]98.  Seventy-five, twenty-                                                                     
five.  So, isn't for [Unit] 19D the problem that you have extremely                                                             
successful and more numerous non-resident hunters in the 19D                                                                    
McGrath area.                                                                                                                   
                                                                                                                                
MR. BISHOP replied that he can't say for sure, but Unit 19D-East is                                                             
an area that cannot be legally hunted by non-residents.  Even when                                                              
it was legal, he said, the area was rarely hunted by non-residents                                                              
because of competition with locals.  He further pointed out that                                                                
the area isn't susceptible to guides because of the terrain, which                                                              
consists mostly of bottom lands and river lands, compared to                                                                    
highlands and ridges favored by non-resident hunters.  As a result,                                                             
the influence of non-resident hunting in the uplands probably                                                                   
doesn't have much to do with the population levels of moose in the                                                              
lowlands.                                                                                                                       
                                                                                                                                
Number 1299                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT wondered whether taking a lot of moose in the                                                              
highlands isn't going to affect the moose in the lowlands                                                                       
eventually.                                                                                                                     
                                                                                                                                
MR. BISHOP answered that it's not uncommon to have altitude                                                                     
segregation for moose.                                                                                                          
                                                                                                                                
Number 1320                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said the data for Unit 19D indicates that                                                                  
there is an error for 19D-East, not necessarily 19D itself; in that                                                             
way, the numbers reflect a decrease for residents and an increase                                                               
for non-residents.                                                                                                              
                                                                                                                                
MR. BISHOP replied that an increase from 19 to 31 is pretty slow.                                                               
                                                                                                                                
REPRESENTATIVE CROFT replied 12 is not a big number, but a 50-                                                                  
percent increase is a big number.                                                                                               
                                                                                                                                
MR. BISHOP indicated that he is just suggesting there are a number                                                              
of different ways to look at velocities.                                                                                        
                                                                                                                                
Number 1403                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said,                                                                                                      
                                                                                                                                
     Having been a hunter, there's an awful lot of ... If you                                                                   
     go hunting the same place every year, as we always did,                                                                    
     sometimes they were there and sometimes they were down                                                                     
     the road, so to speak.  So, it happened to be that where                                                                   
     they went hunting there was more moose there that year.                                                                    
     It doesn't necessarily mean that it was a lot more people                                                                  
     or anything coming, I don't believe.  And, you know, how                                                                   
     far these moose go is also an issue.                                                                                       
                                                                                                                                
REPRESENTATIVE JAMES continued.  According to individuals in her                                                                
district and others, a reason why they want this legislation is                                                                 
because they are afraid that if a new issue comes up they will not                                                              
have the ability to put up a fight.  She noted that last year's                                                                 
snare legislation just about took all the "breath" and money out of                                                             
them.                                                                                                                           
                                                                                                                                
Number 1500                                                                                                                     
                                                                                                                                
MR. BISHOP stated, according to his retired yet professional                                                                    
opinion, neither the harvest by residents nor non-residents nor                                                                 
even the combined harvest is a significant factor in the level of                                                               
moose populations.  Most likely, the significant factor is the                                                                  
level of predators because, in general, 85 percent to 90 percent of                                                             
the annual mortality of big game prey is due to predators, and only                                                             
2 percent to 7 percent is attributable to harvest by humans across                                                              
the state.  A single wolf, he cited, requires about 12 moose a                                                                  
year, the same number that non-residents took in 1998 compared to                                                               
the previous year.  People incorrectly believe that hunting is a                                                                
huge factor in the population levels of big game prey, although it                                                              
can be the case in some circumstances.  In general, however,                                                                    
throughout most of Alaska, predation accounts for about 85 percent                                                              
of the mortality for big game prey.  Accidents and diseases also                                                                
contribute.                                                                                                                     
                                                                                                                                
Number 1608                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN called an at-ease at 4:09 p.m. and reconvened                                                              
the meeting at 4:12 p.m.  He announced that all the public                                                                      
testimony had be heard, and therefore he closed the public                                                                      
testimony and asked if there was any committee discussion.                                                                      
                                                                                                                                
REPRESENTATIVE MURKOWSKI commented, "On the one hand, ... the                                                                   
discussion about what's happening in the state with the wolves is                                                               
somewhat of a detractor because we get focused on that and we've                                                                
got to recognize that what this bill does is amend the constitution                                                             
to allow for a restriction on the initiative process regarding                                                                  
wildlife."  She turned to Representative James' comment regarding                                                               
the constitutional obligation to manage for sustained yield and the                                                             
Wildlife Society's position paper which mentions the public trust                                                               
doctrine and how it applies to wildlife management.  Representative                                                             
Murkowski expressed concern that there must be a good reason in                                                                 
order to place wildlife within the restriction.  She believes there                                                             
is probably a far better reason to place wildlife in a list of                                                                  
restrictions than there is to make restrictions on initiatives that                                                             
relate to marriage or marijuana.  However, "you don't want this to                                                              
... be the slippery slope for making this restriction to the                                                                    
initiative process and kind of whittling away the people's ability                                                              
to participate in the process."  Representative Murkowski said that                                                             
she believes wildlife is different than marriage or marijuana.                                                                  
Therefore, she announced that she would support moving this [HJR
56] out of committee.                                                                                                           
                                                                                                                                
REPRESENTATIVE GREEN referred to Mr. Bishop's testimony that about                                                              
2-3 percent is human harvest while over 80-85 percent is [taken                                                                 
from] predators.  Therefore, he believes there will be times when                                                               
those things have to be taken into consideration.  Representative                                                               
Green was concerned with the state becoming more populated, in                                                                  
particular with individuals who did not grow up in Alaska and do                                                                
not "know the wildlife way," and sooner or later finding itself in                                                              
a bind.                                                                                                                         
                                                                                                                                
Number 1818                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said that he has a problem with any limit on                                                               
the initiative and referendum process, which he believes is in                                                                  
place as a check on the legislature.  "Given that this is the                                                                   
people's check on us, we should almost never do it and I don't                                                                  
think we should do it in this case."  He commented that in these                                                                
discussions it tends to be condescending to the public, as though                                                               
they cannot understand an issue the way the legislature can.  He                                                                
said, "We run two dangerous paths.  One that when we take away                                                                  
their [the public's] constitutional check on us and two when we                                                                 
start to tell them what they meant and question whether they meant                                                              
anything at all or were informed enough to do it."                                                                              
                                                                                                                                
REPRESENTATIVE CROFT commented that the initiative process is a                                                                 
very modern process of the Western states primarily.  Alaska, the                                                               
most westernmost state, should be the last place to limit the                                                                   
initiative process. "The legislature has the potential to be                                                                    
inherently anti-initiative because it is the major threat to our                                                                
power."  Representative Croft said:                                                                                             
                                                                                                                                
     I find an irony in the idea that we were struggling to                                                                     
     vote on a constitutional amendment for a rural                                                                             
     preference.  I assume if we had voted on that rural                                                                        
     preference and they'd voted yes and given us the                                                                           
     constitutional authority that we would be saying that was                                                                  
     a good reason to implement and yet we can't trust them,                                                                    
     apparently, in any other area of fish and game                                                                             
     management.  I have not yet, and I hope I can survive my                                                                   
     tenure without voting to restrict the people's power in                                                                    
     initiative and I'll continue that by voting against this                                                                   
     [HJR 56].                                                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG said that he believes that the court system                                                             
is a threat to the legislature not the initiative process because                                                               
the legislature, through the initiative process, can take                                                                       
corrective action within two years.  The check is the ballot box                                                                
and the voter's ability to make those decisions.  In this instance,                                                             
bringing this before the people is justifiable because of what has                                                              
occurred with the two issues that resulted in "biology by the                                                                   
ballot box."  He noted the inordinate amount of outside money and                                                               
influence that came in during those issues.  This [HJR 56] is an                                                                
endeavor to stop that and maintain the state's sovereignty.                                                                     
Representative Rokeberg said that he supported HJR 56.                                                                          
                                                                                                                                
Number 2039                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES agreed with Representative Croft in that she                                                               
did not want to take away any of the public's rights.  However,                                                                 
historically public opinion, although the strongest political                                                                   
power, has not always been correct.  She pointed out that this                                                                  
country has a republic not a democracy, which is a check and                                                                    
balance on this issue.  She noted her belief that when people are                                                               
given all of the information, they will make the right decision.                                                                
The problem is that people do not always have all the information.                                                              
Still, there is another constitutional check and balance in this                                                                
issue as this constitutional amendment requires a two-third vote of                                                             
both houses in order to even place it on the ballot and those same                                                              
people have the opportunity to vote on the issue.  Therefore, the                                                               
people's rights are not be taken away.  In regards to the rural                                                                 
amendment to the constitution, Representative James pointed out                                                                 
that two-thirds of the districts in the state must agree to it.                                                                 
Representative James concluded by saying that she is very much in                                                               
support of HJR 56.                                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA commented that if [the legislature] left                                                                
the Board of Game and the ADF&G alone to make decisions based on                                                                
science, she might be able to go for this.  However, that is not                                                                
the case as exemplified last session when the legislature set                                                                   
harvest levels high for human consumption.  Representative Kerttula                                                             
believes this is a pendulum.  She agreed that she did not like the                                                              
outside influences either, but it is condescending to Alaskan                                                                   
voters to say that they cannot make a reasonable decision on this.                                                              
She noted that she has felt bad because her belief that the                                                                     
legislature is behaving in a noninclusive manner.  Therefore, she                                                               
said that she could not support this [HJR 56].                                                                                  
                                                                                                                                
Number 2231                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES moved that the committee report HJR 56 out of                                                              
committee with individual recommendations and the accompanying                                                                  
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA objected.                                                                                               
                                                                                                                                
Upon a roll call vote, Representatives Rokeberg, James, Murkowski                                                               
and Green voted in favor of reporting HJR 56 out of committee and                                                               
Representatives Croft and Kerttula voted against reporting HJR 56                                                               
out of committee.  Therefore, HJR 56 was reported from the House                                                                
Judiciary Standing Committee committee by a 4-2 vote.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 4:27 p.m.                                                                 

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