Legislature(1997 - 1998)

09/12/1997 09:15 AM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                HOUSE RESOURCES STANDING COMMITTEE                             
                        September 12, 1997                                     
                             9:15 a.m.                                         
                         Ketchikan, Alaska                                     
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Bill Hudson, Co-Chairman                                       
 Representative Beverly Masek, Vice Chair (via teleconference)                 
 Representative Fred Dyson                                                     
 Representative Joe Green                                                      
 Representative William K. ("Bill") Williams                                   
 Representative Irene Nicholia                                                 
 Representative Reggie Joule (via teleconference)                              
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Scott Ogan, Co-Chairman                                        
 Representative Ramona Barnes                                                  
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Public Subsistence Hearing                                                    
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 See House Resources Committee minutes dated September 10, 1997.               
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOE AMBROSE, Legislative Assistant                                            
   to Senator Robin Taylor                                                     
 Alaska State Legislature                                                      
 Capitol Building, Room 30                                                     
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 465-4906                                                    
 POSITION STATEMENT:  Commented on behalf of Senator Taylor.                   
                                                                               
 ROBERT BOSWORTH, Deputy Commissioner                                          
 Office of the Commissioner                                                    
 Department of Fish and Game                                                   
 P.O. Box 25526                                                                
 Juneau, Alaska 99802-5526                                                     
 Telephone:  (907) 465-6140                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 WILLIAM "BILL" C. THOMAS, SR., Member                                         
 Southeast Native Subsistence Commission                                       
 Box 5196                                                                      
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-4833                                                    
 POSITION STATEMENT:  Asked a question regarding subsistence.                  
                                                                               
 JOHN BORBRIDGE                                                                
 Central Council of the Tlingit                                                
   and Haida Indian Tribes of Alaska;                                          
 and Sealaska Corporation                                                      
 603 West Tenth Street                                                         
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-2132                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ROBERT WILLARD, JR.                                                           
 Grand Camp of the Alaska Native                                               
 Brotherhood; and Southeast                                                    
 Native Subsistence Commission                                                 
 236 Third Street                                                              
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 463-3451                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 DONALD WESTLUND                                                               
 P.O. Box 7883                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-9319                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 MELVIN J. CHARLES                                                             
 Route 2, Box 7                                                                
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 247-2059                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ROYCE RENNIGER, Commercial Fisherman                                          
 P.O. Box 702                                                                  
 Ward Cove, Alaska 99928                                                       
 Telephone:  (907) 247-2606                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 GEORGE JAMES, JR.                                                             
 Kuiu Thhinggit Nation                                                         
 14055 First Avenue, N.W.                                                      
 Seattle, Washington 98177                                                     
 Facsimile Telephone:  (206) 362-7725                                          
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 BOB WEINSTEIN                                                                 
 P.O. Box 7801                                                                 
 Ketchikan Alaska 99901                                                        
 Telephone:  (907) 247-8103                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 JOE DEMMERT, JR.                                                              
 2724 Fourth Avenue                                                            
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-5376                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 DICK COOSE                                                                    
 P.O. Box 9533                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 247-9533                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 K. A. SWIGER                                                                  
 Ketchikan Sports and Wildlife Club                                            
 846 Brown Deer Road                                                           
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-1548                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ERIC MUENCH                                                                   
 P.O. Box 6811                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-5372                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 GEORGE GARDNER, Member                                                        
 Ketchikan Indian Corporation                                                  
 Box 23407                                                                     
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 247-9516                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 LOREN CROXTON                                                                 
 Box 1410                                                                      
 Petersburg, Alaska 99833                                                      
 Telephone:  (907) 772-3622                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 WALT SHERIDAN                                                                 
 P.O. Box 21781                                                                
 Juneau, Alaska 99802                                                          
 Telephone:  (907) 789-4059                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 HELEN DRURY                                                                   
 1011 Halibut Point Road                                                       
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-8019                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 DONALD MacDONALD                                                              
 P.O. Box 207                                                                  
 Pelican, Alaska                                                               
 Telephone:  (907) 735-2220                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 PAT GARDNER                                                                   
 Box 1                                                                         
 Craig, Alaska 99921                                                           
 Telephone:  (907) 826-3288                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 TOM SKEEK, JR.                                                                
 Box 242                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-4117                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 MIKE A. JACKSON                                                               
 Box 316                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-6471                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 SAMUEL JACKSON                                                                
 Box 282                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-3147                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 JOSEPHINE PAUL                                                                
 Box 206                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-3161                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 KATHY HAWK                                                                    
 Box 217                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-3138                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 DENNIS WATSON, Mayor                                                          
 City of Craig                                                                 
 Box 725                                                                       
 Craig, Alaska 99921                                                           
 Telephone:  (907) 826-3438                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 PATRICK MILLS                                                                 
 Box 301                                                                       
 Hoonah, Alaska 88729                                                          
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 OWEN JAMES                                                                    
 Box 461                                                                       
 Hoonah, Alaska 99829                                                          
 Telephone:  (907) 945-3721                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 GEORGE PAUL                                                                   
 Box 724                                                                       
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-0673                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 MATTHEW J. FRED, SR.                                                          
 Head Cultural Leader of                                                       
   Admiralty Island, Angoon                                                    
 Box 94                                                                        
 Angoon, Alaska 99820                                                          
 Telephone:  (907) 788-3101                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 BILL AUGER                                                                    
 Box 9335                                                                      
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-2737                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 TERESA GARLAND, Executive Director                                            
 Ketchikan Chamber of Commerce                                                 
 P.O. Box 5957                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-3184                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ROBERTA SHIELDS                                                               
 6525 Roosevelt Drive                                                          
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-6334                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 EDWARD GAMBLE, SR.                                                            
 Box 33                                                                        
 Angoon, Alaska 99820                                                          
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ALAN ZUBOFF                                                                   
 Box 84                                                                        
 Angoon, Alaska 99820                                                          
 Telephone:  Not provided                                                      
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 MARLENE ZUBOFF, Executive Director                                            
 Angoon Community Association                                                  
 Box 84                                                                        
 Angoon, Alaska 99820                                                          
 Telephone:  (907) 788-3411                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 LEE PUTMAN                                                                    
 Ketchikan Sports and Wildlife Club                                            
 P.O. Box 5814                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-7694                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 KAY ANDREW                                                                    
 P.O. Box 7211                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-2463                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 BEN HASTINGS                                                                  
 Ketchikan Sports and Wildlife Club                                            
 P.O. Box 8432                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-5014                                                    
             (907) 723-1651                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 PATRICIA PHILLIPS                                                             
 Box 33                                                                        
 Pelican, Alaska 99832                                                         
 Telephone:  (907) 735-2240                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 JOHN PECKHAM, Board Member                                                    
 Southeast Alaska Seiners Association                                          
 Box 8394                                                                      
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-6047                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 CHRIS JOHNSON, Gillnetter                                                     
 P.O. Box 9304                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-3336                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ED MARKSHEFFEL                                                                
 P.O. Box 9324                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-7666                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 RICHARD JACKSON                                                               
 P.O. Box 8634                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-0383                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 JANICE JACKSON                                                                
 P.O. Box 8634                                                                 
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-0383                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 LONNIE ANDERSON, Mayor                                                        
 City of Kake                                                                  
 Box 500                                                                       
 Kake, Alaska 99830                                                            
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 THOMAS SKEEK, JR.                                                             
 Box 242                                                                       
 Kake, Alaska 99830                                                            
 Telephone:  (907) 785-4117                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 KATHY HANSEN, Executive Director                                              
 United Southeast Alaska Gillnetters Association                               
 5875 Glacier Highway, Lot 21                                                  
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 586-5860                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 PETER AMUNDSON                                                                
 918 Jackson                                                                   
 Ketchikan, Alaska 99901                                                       
 Telephone:  (907) 225-6036                                                    
 POSITION STATEMENT:  Testified regarding subsistence.                         
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-60, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CO-CHAIRMAN BILL HUDSON called the House Resources Standing                   
 Committee meeting to order at 9:15 a.m.  Members present were                 
 Representatives Hudson, Dyson, Green, Williams, and Nicholia.                 
 Representatives Joule and Masek were in attendance via                        
 teleconference.  Members absent were Representatives Ogan and                 
 Barnes.                                                                       
                                                                               
 PUBLIC SUBSISTENCE HEARING                                                    
                                                                               
 CO-CHAIRMAN HUDSON indicated the House Resources Committee held a             
 12-hour hearing on September 10, in Bethel, regarding subsistence.            
 The hearing was an excellent input session.  He said, "We're trying           
 to glean, for the first time, I believe, through the legislative              
 process, the wishes and the concerns and the interest and the                 
 recommendations of you, the folks of Alaska.  I'll say it now,                
 because we may have to say it again, that we're not here to tell              
 you anything; we're here to simply listen to you.  We will be using           
 as a guide the task force which was put together by the Governor              
 that includes the Speaker of the House and the President of the               
 Senate, seven members.  They have come forward with a proposed                
 three-part solution to the subsistence problem, largely agitated by           
 the October 1 court-appointed date that we are confronted with."              
                                                                               
 CO-CHAIRMAN HUDSON noted he is the Co-Chairman of the House                   
 Resources Committee along with Co-Chairman Scott Ogan, who was not            
 able to attend.  He introduced Representative Green and announced             
 he is chairman of the House Judiciary Committee.  The Judiciary               
 Committee will be a prime committee that must also hold hearings              
 before the legislature can take any legal action.  If the                     
 legislature is called into special session, or when they go into              
 regular session, any subsistence issue will also have to have                 
 hearings in the Judiciary Committee and the Finance Committee.  Co-           
 Chairman Hudson introduced Representative Dyson and Representative            
 Williams.  He also introduced Joe Ambrose of Senator Taylor's                 
 staff.  He indicated Representative Irene Nicholia would be in                
 attendance soon.                                                              
                                                                               
 CO-CHAIRMAN HUDSON announced that there will be additional hearings           
 regarding subsistence on September 24, in Fairbanks; September 25,            
 in Wasilla; September 26, in Kenai/Soldotna; and September 27, in             
 Anchorage.  He then introduced Melinda Hofstad of his staff.                  
                                                                               
 Number 134                                                                    
                                                                               
 REPRESENTATIVE JOE GREEN introduced himself and said, "I would be             
 representing the South Anchorage portion; so, obviously, my                   
 constituency will be from an urban type of attitude, and I would be           
 less than honest if I didn't say that they collectively have a view           
 that may not be shared by everyone here.  It certainly was a view             
 somewhat different than what we heard in Bethel.  But what I would            
 like to stress, and was very well done in Bethel, is that even                
 though there may be differences of opinion within your audience               
 here, certainly there have been differences of opinion among the              
 members of the legislature."                                                  
                                                                               
 REPRESENTATIVE GREEN indicated subsistence is a very sensitive                
 issue that sometimes goes beyond pure logic and certainly goes                
 beyond economics.  He asked that everyone remember that the                   
 committee wants to learn the logic and what the people feel.  He              
 said they hope to come up with something that will ultimately be              
 the best for all of the people of the state of Alaska, and it may             
 not necessarily be what the federal government wants.  He said, "As           
 you know, on many issues, we are not in sync with some of the                 
 things the federal government says, but by the same token, I'm not            
 here to say that we won't be in sync with the federal government,             
 especially on this issue."  He said the committee is here to                  
 listen.                                                                       
                                                                               
 Number 193                                                                    
                                                                               
 REPRESENTATIVE FRED DYSON introduced himself as being from Eagle              
 River.  He note he is also a Bristol Bay fisherman.  He said he               
 thinks he understands a little bit about commercial fishing and               
 lifestyles that revolve around the water.  Representative Dyson               
 said a lot of what he learns is hard for him to quantify as there             
 are a lot of subjective things.                                               
                                                                               
 Number 212                                                                    
                                                                               
 REPRESENTATIVE BILL WILLIAMS said he was at the Bethel hearing and            
 it was an experience.  He said, "I think we heard what we expected            
 in Bethel.  There wasn't much deviation from what their thoughts              
 were.  I think we're going to hear both sides of the issue here,              
 whether we have a constitutional amendment or not.  We certainly              
 didn't hear anything in Bethel saying that they wanted to not -- or           
 have the constitutional amendment.  There was a couple, but a lot             
 of it was that they could care less about whether or not we went to           
 federal management or not.  I would hope that you would tell us how           
 you feel about federal management or state management and why.                
 Like the other committee members have said is that we're here to              
 listen and get some good arguing points, on one side or the other,            
 on why we should not have or have the constitutional amendment.               
 And I would hope that you would talk on the Governor's proposal or            
 any proposal, or how you would like to see it done yourself with --           
 hasn't been presented throughout the state or any other arena.  It            
 is a tough issue.  One of the things that was brought to my                   
 attention during my tenure here in the legislature is anytime you             
 start talking about a person's livelihood, money or subsistence,              
 you really get the attention and it's one of the most difficult               
 issues to talk about and try to handle.  This is a difficult issue.           
 I believe that we can take care of the issue.  I feel confident               
 that we will, even with all of the negative words out there in the            
 newspaper saying that we're not going to have a special session.              
 I would like to think we are going to have one and we will take               
 care of this so that the federal government does not come in and              
 manage our resources."  He asked everyone in attendance that wishes           
 to discuss the issue with him to feel free to contact him.                    
                                                                               
 Number 267                                                                    
                                                                               
 JOE AMBROSE, Legislative Assistant to Senator Robin Taylor, Alaska            
 State Legislature, said as a member of the Senate Resources                   
 Committee, Senator Taylor will have ample opportunity to speak at             
 the four hearings beginning on September 24.  He noted also that              
 Senator Taylor is the chairman of the Senate Judiciary Committee.             
 He said he would like to acknowledge the hard work of June Robbins,           
 Legislative Information Officer.                                              
                                                                               
 Number 280                                                                    
                                                                               
 CO-CHAIRMAN HUDSON noted the committee is also being assisted by              
 Pete Ecklund.  He said the committee has also had support and                 
 assistance by Ted Popely and Ron Somerville, who are in attendance            
 representing the Speaker of the House.  Co-Chairman Hudson                    
 indicated the committee member's files have copies of the task                
 force proposal along with other information.  He continued, "We're            
 using the group of seven proposal because it is conclusive.  It               
 includes the potential changes to ANILCA (Alaska National Interest            
 Lands Conservation Act), the issue concerning the constitution and            
 some proposals as would be required according to at least that                
 finding and that is not final.  That is a, once again, it is a                
 talking point, but it gives us something to speak from."  He said             
 Robert Bosworth, Deputy Commissioner, Department of Fish and Game,            
 would give a presentation of what is included in the proposal and             
 where it currently stands.                                                    
                                                                               
 Number 314                                                                    
                                                                               
 ROBERT BOSWORTH, Deputy Commissioner, Office of the Commissioner              
 Department of Fish and Game, came before the committee.  He said he           
 was privileged to serve as staff to the task force in which the               
 proposal was developed.  Mr. Bosworth explained the proposal is a             
 package deal which has three parts to it that are linked together.            
 Mr. Bosworth said there were two primary goals that the task force            
 set for itself in developing the proposal.  The first was to ensure           
 effective state authority over fish and game authority over fish              
 and game management on all lands and waters of Alaska.  The second            
 goal was to recognize the paramount importance of the subsistence             
 way of life to Alaskans.  Mr. Bosworth said it was acknowledged by            
 the task force that Alaskans may be reluctant to amend the                    
 constitution without knowing what changes might be made in federal            
 law, ANILCA and also state fish and game statutes.  There is                  
 recognition that each one of those components was linked to the               
 other.  The (indisc.) that the task force took is that the                    
 effective date of the ANILCA amendments and the effective date of             
 the state statutory amendments will be the passage of the                     
 constitutional amendment.  He said the notion is that the voters              
 will know precisely what is in the ANILCA amendments and the state            
 statutory amendments when they vote on the constitutional                     
 amendment.  The proposal includes a (indisc.) Congressional                   
 determination that the state, upon passage of the constitutional              
 amendment and implementation of the revised statutes, is in                   
 compliance with ANILCA and they (indisc.).  He noted the                      
 constitutional amendment cannot be voted on until the November,               
 1998, general election.                                                       
                                                                               
 MR. BOSWORTH referred to the constitutional amendment and said                
 under the proposal, the Alaska Constitution will be amended to                
 permit, but not to require, the Alaska legislature to grant a                 
 subsistence priority to rural residents.  At the same time, the               
 state statutes will be amended to create a rural priority.  Those             
 statutes and the ANILCA amendments would become effective only if             
 the constitutional amendment is passed.                                       
                                                                               
 MR. BOSWORTH said the Alaska fish and game statutes will be amended           
 to grant a subsistence priority to rural residents.  Communities              
 outside the current nonsubsistence areas will be classified as                
 rural on the day that the state regains management.  The Boards of            
 Fisheries and Game, acting jointly through regulation, will have              
 the power to change community classifications in the future as                
 communities change.  Mr. Bosworth said state statutes will also be            
 amended to improve the proxy hunting and fishing provisions, to               
 provide for educational hunting and fishing permits, to clarify the           
 definitions of "rural of customary trade," to make clear that the             
 subsistence priority is a reasonable opportunity to take and is not           
 a guarantee of taking, and to refine the subsistence management               
 system including adding a state regional council system.                      
                                                                               
 MR. BOSWORTH said the third part of the package relates to the                
 amendments to federal law, Title VIII of ANILCA.  The amendments              
 fall roughly into four categories.  The first category is one of              
 definitions.  A lot of the definitions that would be put into state           
 law would need to be replicated in federal law.  For example,                 
 "rural and customary trade," "customary and traditional" and                  
 "reasonable opportunity" are all important operative terms in state           
 law which would be embedded in ANILCA.                                        
                                                                               
 MR. BOSWORTH explained another category of ANILCA amendments                  
 addresses court oversight.  Section 807 would be amended to state             
 the standard of review for actions of the fish and game boards and            
 to require the federal courts to give board decisions the same                
 deference that would be given a federal agency decision.  He said             
 adding these standards is not believed to be a change in federal              
 law, but the standards are not explicit in Title VIII.  This is a             
 clarification purpose.                                                        
                                                                               
 MR. BOSWORTH explained the third category of ANILCA amendments has            
 to do with state management.  Title VIII will be amended to make it           
 clear that the state manages subsistence on lands and waters,                 
 whether federal, state or private.  This will be done in three                
 ways.  Section 814 will be amended so that the Secretary of the               
 Interior cannot make or enforce subsistence regulations while the             
 state is managing.                                                            
                                                                               
 MR. BOSWORTH explained that Section 806, which presently requires             
 annual reporting on subsistence by the Secretary, will be repealed.           
 He noted that nothing would prohibit the Secretary from reporting             
 on subsistence activities.                                                    
                                                                               
 MR. BOSWORTH said the third part of the aspect of the amendments is           
 the definition of "federal public lands."  It will be clarified to            
 ensure that it excludes all private and state lands.  The                     
 collective purpose of these amendments is to make it clear that the           
 Secretary has no management authority while the state is managing             
 in compliance with ANILCA.                                                    
                                                                               
 MR. BOSWORTH said the fourth category of ANILCA amendments has to             
 do with the Congressional seal of approval, noncompliance, and                
 neutrality on the Indian country issue.  He said Section 805 will             
 be amended to first declare the state is in compliance with Section           
 805(d) when it passes the constitutional amendment and statutory              
 amendments and, secondly, to make future noncompliance a                      
 determination by the courts.  So, anytime that the state may be               
 accused of falling out of compliance with ANILCA, that                        
 determination would be made by the court system.  Mr. Bosworth said           
 he would be happy to answer any questions.                                    
                                                                               
 Number 415                                                                    
                                                                               
 WILLIAM "BILL" C. THOMAS, SR., Member, Southeast Native Subsistence           
 Commission, came before the committee.  He indicated he is from               
 Ketchikan.  Mr. Thomas referred to Mr. Bosworth making reference to           
 voting on the amendment by saying that if the amendment is adopted            
 by the voters of the state, it would allow but not require the                
 legislature to do certain things.  He said he wonders what the                
 contingency offers if the vote doesn't support the change / fails             
 to change.  He asked what would then happen.                                  
                                                                               
 MR. BOSWORTH said as he understands the question, it is what                  
 happens if the voters did not approve a constitutional amendment.             
 He said that was discussed by the task force.  If the                         
 constitutional amendment does not pass, then neither the ANILCA               
 amendments nor the state statutory amendments would come into                 
 effect.                                                                       
                                                                               
 Number 444                                                                    
                                                                               
 JOHN BORBRIDGE came before the committee to present his testimony.            
 He read the following statement into the record:                              
                                                                               
 "My name is John Borbridge, and I'm appearing before you today on             
 behalf of the delegates from the Central Council of the Tlingit and           
 Haida Indian Tribes of Alaska and Sealaska Corporation to the                 
 Southeast Native Subsistence Summit.  The Southeast Summit met in             
 Juneau, Alaska, on July 17 and 18, to consider various proposals to           
 amend state and federal laws relating to their subsistence                    
 lifestyle which is of paramount importance to our region's people.            
                                                                               
 "A broad spectrum of Southeast Native leaders attended our regional           
 summit.  Besides the delegates from the Central Council and                   
 Sealaska Corporation, representatives from the Southeast Natives              
 Subsistence Commission, the Alaska Native Brotherhood (ANB), Alaska           
 Native Sisterhood (ANS) Grand Camps, the Southeast Indian                     
 Reorganization IRA (Indian Reorganization Act) councils and Tlingit           
 and Haida Community Councils carefully considered proposed changes            
 to the Alaska Constitution, as well as to federal and state laws              
 and regulations governing the taking of fish and game for                     
 subsistence purposes.                                                         
                                                                               
 "Represented at the summit, the Central Council, a federally                  
 recognized tribe with a membership of slightly more than 23,000               
 enrolled members.  Also Sealaska Corporation, the regional                    
 corporation under ANCSA (Alaska Native Claims Settlement Act), with           
 approximately 15,800 shareholders and ownership of 340,000 acres of           
 surfaces estate and about 600,000 acres of subsurface estate.  The            
 corporation plays a vigorous role in preserving our Native heritage           
 and our human resources through its scholarship program, the                  
 Sealaska Heritage Foundation, and the management and care of                  
 cultural and historic sites throughout our region.                            
                                                                               
 "The Southeast Native Subsistence Summit, like other similar                  
 subsistence summits held across Alaska, was a response to a call by           
 three co-sponsoring organizations, the Alaska Federation of                   
 Natives, the Alaska Inter-Tribal Council and Rural Alaska Community           
 Action Program.  And the intention was that each of the regional              
 councils should develop subsistence positions to be submitted at a            
 later meeting which was held in August 26, 27 and 28, in Anchorage,           
 and these recommendations would be for the development of                     
 subsistence regional positions.  And at our regional summit, the              
 delegates unanimously to adopt the following positions, each of               
 which was rooted in Alaska Natives' long and proven history of                
 nonwasteful fish and game management, as well as our use of                   
 traditional knowledge and ways of protecting food resources.                  
                                                                               
 "First, ANILCA Amendments.  The delegates unanimously opposed any             
 changes to ANILCA.  Indeed, the summit twice addressed this issue,            
 separately resolving that Southeast Alaska Natives will `in no                
 instance agree to a resolution of the subsistence impasse that                
 diminishes the existing protections afforded Natives under Title              
 VIII of ANILCA.'  This statement of principle was intended to                 
 clarify that Southeast Alaska Natives are seeking a `no net loss'             
 of the protections currently afforded under ANILCA.  It was                   
 intended to cover not only legislative actions, but any judicial              
 intervention as well, including the Venetie and Katie John cases.             
                                                                               
 "With respect to Alaska Native subsistence rights, the focal point            
 of ANILCA is Title VIII.  And in Title VIII, Congress provided that           
 `subsistence uses' of fish and wildlife on the `public lands' are             
 to be accorded a priority over all other uses.  This means that               
 `subsistence uses' of a particular fish stock or game population              
 must be completely satisfied before commercial and sport uses of              
 such a stock or a population will be permitted.  And if, at any               
 time, the fish or wildlife population is insufficient to satisfy              
 all `subsistence uses,' the following criteria are to be applied in           
 allocating among `subsistence users':  (1) Customary and direct               
 dependence upon the population as the mainstay of livelihood; (2)             
 local residency; and (3) the availability of alternative resources.           
                                                                               
 "Several provisions in the Governor's task force proposal would               
 amend ANILCA, contrary to the regional summit's position.  The                
 potential ANILCA amendments in that proposal fall generally into              
 four categories:  (1) Amendments to definitions; (2) court                    
 oversight; (3) state management; and (4) Congressional seal of                
 approval, noncompliance and neutrality on Indian country.  Taking             
 these aspects in turn:                                                        
                                                                               
 "Definitions.  The Governor's proposal offers a number of                     
 definitions to terms used in ANILCA that taken together raise the             
 fear that the rights granted by Title VIII may be whittled away               
 piecemeal.  For example, `customary trade' is defined in a way that           
 does not appear to encompass the full range of traditional family             
 and community network trade.  A third key definition is that                  
 proposed for the phrase `customary and traditional.'  The proposal            
 also introduces the concept of providing Alaska Natives only a                
 `reasonable opportunity' to take subsistence resources, rather than           
 according a clear priority, as ANILCA requires.                               
                                                                               
 "Our concern that these and other `definitions' could be used to              
 diminish our existing rights under Title VIII was a prime                     
 motivating factor in our unanimously held view that ANILCA simply             
 should not be amended at all.                                                 
                                                                               
 "ANILCA's court oversight provisions.  Under the Governor's plan,             
 ANILCA, Section 807, will be amended to provide that the standard             
 of review for state agency actions would be the deferential                   
 `arbitrary, capricious, or abuse of discretion' standard, and the             
 federal courts would be required to give state agency decisions the           
 same deference that would be given federal agencies.  Our concern             
 here is the state of Alaska does not have any special expertise in            
 protecting Native rights that would command such deference.  In our           
 view, the purpose of Title VIII, that is the creation of an                   
 effective subsistence priority, must remain the guiding principle             
 behind any judicial review of the state's actions.                            
                                                                               
 "The role of state management.  The Governor's proposal calls for             
 ANILCA's Title VIII to be amended to make it clear that:  (1) The             
 state is to manage subsistence on all lands and waters, whether               
 federal, state, or private; and (2) the Secretary of the Department           
 of the Interior has no management authority while the state is                
 managing in compliance with ANILCA.  Furthermore, ANILCA, Section             
 814, is to be amended by adding an additional sentence which                  
 prohibits the Secretary from making or enforcing subsistence                  
 regulations during any time that the state is in compliance with              
 ANILCA, Title 805(d).  ANILCA, Section 806, requiring annual                  
 reporting on subsistence by the Secretary, will be repealed, but              
 nothing will prohibit the Secretary from reporting on subsistence             
 activities.  Finally, the definition of federal `public lands' will           
 be clarified to ensure it excludes all private and state lands.               
 Taken as a whole, these amendments seem calculated to minimize the            
 future federal role in protecting Native subsistence rights.                  
                                                                               
 "Congressional seal of approval, noncompliance, and neutrality on             
 Indian country.  Under the Governor's proposal, ANILCA, Section               
 806, concerning federal monitoring would be repealed.  The newly              
 proposed ANILCA, Section 806, would provide that Section 805 will             
 be amended to:  (1) Declare the state is in compliance with Section           
 805(d) when the Alaskan voters pass the constitutional amendment              
 and the state statutory amendments; and (2) make future                       
 noncompliance a court determination.  The repeal of ANILCA, Section           
 806, would additionally require conforming changes in Section 813.            
                                                                               
 "It has yet to be shown to our delegates how these provisions would           
 give us protections equivalent to those currently contained in                
 ANILCA.  As with all of the Governor's proposed statutory                     
 amendments, until equivalent protection can be shown, we must                 
 continue to view those proposals with concern.                                
                                                                               
 "Native subsistence rights and related Indian country issues.                 
 Aside from its support for ANILCA, our regional summit also took              
 action with respect to relative Native subsistence rights and                 
 Indian country issues, including the following:  Support for an               
 Alaska Native hunting and fishing subsistence priority; opposition            
 to any income based limitation on entitlement to the subsistence              
 priority; support for the repeal of Section 4(b) of ANCSA, which              
 extinguished claims for aboriginal hunting or fishing rights;                 
 support for the enactment of the Alaska Native Hunting and Fishing            
 Restoration Act; support for sending a letter to Secretary Babbit             
 and Attorney General Reno requesting that the United States support           
 Venetie in the United States Supreme Court by filing an amicus                
 brief on Venetie's behalf; agreement to join in the filing of an              
 amicus brief that is being prepared on behalf of Alaska tribes,               
 corporations and other organizations in support of Venetie; and               
 finally in this section encouragement of all Southeast Alaska                 
 tribes organizations to support the Native American Rights fund               
 financially in its efforts before the Supreme Court in the Venetie            
 case.  With respect to these actions, first, the delegates                    
 indicated their support for an Alaska Native hunting and fishing              
 subsistence priority.  Such an Alaska Native priority is not                  
 currently contained in ANILCA.  While Title VIII of ANILCA                    
 addresses the issues of subsistence management and use, it contains           
 a preference for subsistence uses by `rural Alaska residents.'  In            
 any settlement of the subsistence controversy, the delegates                  
 opposed any effort to restrict the subsistence priority to Alaska             
 Natives who are currently embraced within ANILCA's reference to               
 `rural Alaska residents.'                                                     
                                                                               
 "It must be stressed, in this respect, that a family or community             
 that shares a customary trade in subsistence resources will                   
 transcend rural/urban boundaries.  An artificial boundary line that           
 splits that family apart is arbitrary and it is destructive of                
 Native culture.                                                               
                                                                               
 "For similar reasons, the delegates opposed any restriction based             
 on individual income.  To consider that is not the proper province            
 of state and federal officials to pick and choose which Alaska                
 Natives may learn and practice their traditional lifestyle.  This             
 is a decision that Alaska Natives must and are entitled to make for           
 themselves.                                                                   
                                                                               
 "With respect to repealing Section 4(b) of ANCSA, that provision              
 purported to extinguish all claims of aboriginal title to land and            
 `any aboriginal hunting or fishing rights' that may have existed in           
 1971.  Congress purported to extinguish such rights despite                   
 vigorous Native opposition and our delegates urged Congress to                
 repeal this attempted extinguishment of rights as a matter of law.            
                                                                               
 "The summit delegates, by their passage of this portion of the                
 resolution, did not intend to effect any other provision of ANCSA,            
 including the land or monetary transfers contained in ANCSA.                  
                                                                               
 "In the same vein, the delegates urged the enactment of the Alaska            
 Native Hunting and Fishing Restoration Act to restore Alaska Native           
 hunting and fishing rights.                                                   
                                                                               
 "Fish and game management proposals.  The delegates also endorsed             
 the principles and actions that should be taken to provide sound              
 management of fish and game resources.  Those principles call for             
 appropriate management actions to ensure the following:  A                    
 sustained yield of fisheries and wildlife population; the                     
 protection of subsistence harvests in order to provide the maximum            
 opportunity to meet the nutritional needs of Alaska Natives; the              
 protection of subsistence harvests to provide a maximum opportunity           
 to sustain the traditional and customary lifestyle of Alaska                  
 Natives; the protection of subsistence distribution systems in                
 which resources are shared according to traditional and customary             
 patterns, including the sales for cash within family and community            
 networks; and the protection of habitat and the environment on                
 which fish, game and flora depend.                                            
                                                                               
 "I would note that there is a new addition to these management                
 principles which highlights the Southeast Alaska Natives' beliefs             
 that the protection of habitat and the environment is crucial to              
 the overall protection of our fish and game resources.                        
                                                                               
 "Co-Management.  Next, the delegates agreed to work to develop co-            
 management requirements and guidelines for federal and state                  
 management of fish and game, governed by the following principles:            
 Any proposals by representatives of the Alaska Native Community for           
 changes in subsistence management shall include a provision for co-           
 management by tribes and Alaska Native organizations as equal                 
 partners with other governmental entities; a Southeast Alaska                 
 Technical Conference to explore and define co-management should be            
 convened and led by Southeast Alaska tribes and organizations.  And           
 again, I am presenting to you the actions of the Southeast Regional           
 Summit.  Each Alaska Native community should define co-management             
 parameters itself within its traditional usage area, and each                 
 community should activate Tribal members, especially Elders and               
 youth, to the opportunities of co-management.                                 
                                                                               
 "Together these principles represent a new and significant concept            
 in fish and wildlife management.  Title VIII of ANILCA authorizes             
 the Secretary of the Interior to enter into cooperative agreements            
 with other federal agencies, the state, Native corporations and               
 others `to effectuate the purposes and policies of Title VIII.'               
 The concept endorsed by the summit delegates was to strengthen the            
 statutory requirements so that co-management will be required in              
 the future.  The foresight and thoughtfulness of the delegates is             
 clear in the additional requirement that a technical conference be            
 held so that all Southeast Alaska Natives can have a better                   
 understanding of the issues involved.                                         
                                                                               
 "The Marine Mammal Protection Act..."                                         
                                                                               
 TAPE 97-60, SIDE B                                                            
                                                                               
 NOTE:  The following was not recorded on tape, but was taken from             
 Mr. Borbridge's written statement which he read:  "...is an example           
 of a federal statute that provides for a degree of co-management.             
 In this regard, the Alaska Eskimo Whaling Commission's management,            
 regulation and administration..."                                             
                                                                               
 Number 001                                                                    
                                                                               
 MR. BORBRIDGE continued reading his statement into the record:                
                                                                               
 "...of the Bowhead Whale and its subsistence hunts provide an                 
 example of just how successfully the principles of co-management              
 can work.                                                                     
                                                                               
 "The delegates of the Statewide Native Subsistence Summit direct              
 that the leadership of the Alaska Federation of Natives, the Alaska           
 Inter-Tribal Council and the RurAL Community Action Program should            
 continue the work of the Statewide Native Subsistence Summit and              
 `to work with Governor Knowles, the members of the Governor's task            
 force, the members of the Alaska Congressional delegation and other           
 interested parties to develop a resolution to the subsistence                 
 impasse consistent with the guiding principles adopted by the                 
 delegates to the Statewide Native Subsistence Summit.'  Future                
 discussions would be guided by these fundamental principles -- And            
 this, Mr. Chairman, will conclude my testimony:  (1) Future                   
 participation and consent of the Alaska Native community, including           
 hearings in villages in each region.  And I'm pleased, Mr. Chairman           
 that you already have this underway and have been engaged in this             
 process.  (2) A subsistence priority based on Alaska Native                   
 community, religious/spiritual, nutritional, medicinal and cultural           
 practices rather than an individualized or a needs-based system;              
 (3) only amendments which enhance subsistence rights and maintain             
 federal oversight at least to its current level; (4) co-management            
 of fish and wildlife resources, including state, federal and tribal           
 co-equal involvement; (5) full recognition of customary and                   
 traditional uses, including religious/spiritual and ceremonial; (6)           
 effective comprehensive reform of state management system; (7)                
 recognition that subsistence is a basic human right.                          
                                                                               
 "The regional and statewide summits, then, should be viewed as                
 beginnings, rather than as the culmination of a debate.  Your                 
 committee's interest in holding this hearing signals a willingness            
 to search for common ground among us, and for that delegates for              
 whom I testify today I can assure you that they are sincerely                 
 appreciative.  Thank you for the thought that I know you will give            
 the feelings that were expressed at our regional summit."                     
                                                                               
 Number 057                                                                    
                                                                               
 REPRESENTATIVE GREEN thanked Mr. Borbridge for a copy of his                  
 statement.  He said, "Knowing that in any compromise, any agreement           
 among people with differences of attitudes -- I am going you ask              
 you two questions, and you may or may not want to answer them.                
 First question:  Do you feel that with litany of conditions that              
 there is any chance for some movement there?  And B:  If there                
 would be, do you feel that is any priority among the various things           
 that are listed, that the Native community would feel these however           
 many are absolutely, are non -- you can't change those and there              
 may be some movement in other areas -- an all or nothing?"                    
                                                                               
 MR. BORBRIDGE said he thought Representative Green was asking, "Is            
 there anything in prospects in our continuing in for ending up with           
 something?"  He stated that he feels very confident that the thrust           
 of the thinking and the feeling of the Subsistence Summit was,                
 first of all, we should carve out a set of principles and seek to             
 determine on which principles the various regions could find                  
 agreement and where did the consensus exist.  He said if they were            
 going to engage in any conversations with the task force and other            
 people, they would need to say, generally speaking, "Here are the             
 principles we all agree to and here are some where there are some             
 differences."                                                                 
                                                                               
 MR. BORBRIDGE said given the attendance of over 900 people during             
 the first day of the Subsistence Summit, they wanted to send a                
 clear message that they feel very strongly about this.  They were             
 willing to leave subsistence work undone.  He said they were also             
 desirous of carving out common ground that existed them.  This they           
 have done largely.  Mr. Borbridge informed the committee that he              
 firmly believes, based on conversions and what he has heard from              
 other regions, that yes, they do want to continue the                         
 conversations.  He said this is not a "take it or leave it                    
 situation" at all.  He did note that he doesn't have the authority            
 to give the committee the priorities, as the feelings that were               
 expressed seemed to encompass the whole range of what was                     
 presented.  The Native people in the regions, through action taken            
 at the statewide and regional summits, made it clear that they do             
 want to contribute to efforts to solve the impasse.                           
                                                                               
 Number 121                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS said to Mr. Bosworth, "Your Congressional             
 seal of approval, noncompliance and neutrality on Indian country,             
 it was my understanding that the state would be neutral on this and           
 what you're saying today is that it isn't."  Representative                   
 Williams said he was told by leadership that they weren't going to            
 take a stand one way or the other as far as Indian country.                   
                                                                               
 Number 135                                                                    
                                                                               
 MR. BORBRIDGE indicated he could answer in part.  He said the                 
 position they have taken is that the work they have done on                   
 subsistence has been basically neutral on the related Indian                  
 country issue.                                                                
                                                                               
 Number 147                                                                    
                                                                               
 MR. BOSWORTH said the operative wording which would be added to               
 Section 816 under the proposal is, "Any assertion that Indian                 
 country or any other authority exists or does not exist within the            
 boundaries of the state or any assertion that the Alaska National             
 Interest Land Conservation Act is Indian law, no provision of this            
 Act asserts such."                                                            
                                                                               
 CO-CHAIRMAN HUDSON said, "Neutrality."                                        
                                                                               
 Number 160                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS said Mr. Borbridge's comments were,                   
 "Congressional seal of approval, noncompliance and neutrality on              
 Indian country."  He said under the Governor's proposal, ANILCA               
 Section 806, concerning federal monitoring would be repealed.  He             
 continued, "If we go along with this ANILCA 806 amendments, that              
 the state would be taking a stand against Indian country and that             
 isn't what Mr. Bosworth said."                                                
                                                                               
 Number 160                                                                    
                                                                               
 MR. BORBRIDGE indicated that they are concerned with that                     
 possibility.  He said the initial thrust of the amendment to ANILCA           
 runs into the principal position taken by the Native delegates,               
 which is that of opposition to any amendments to ANILCA.  He said             
 they were concerned with the possibility that could occur.  Mr.               
 Borbridge explained that they are continuing to analyze and examine           
 the proposals brought forward by the task force.  He noted that is            
 a concern that they have.                                                     
                                                                               
 Number 192                                                                    
                                                                               
 REPRESENTATIVE IRENE NICHOLIA asked Mr. Borbridge whether he had              
 problems with the third section where it says, "Any assertion that            
 ANILCA is Indian law."                                                        
                                                                               
 MR. BORBRIDGE indicated they have concerns with it and they aren't            
 at a point where they want to accept it as it is.  He said they are           
 continuing to analyze and they do have concerns about it.                     
                                                                               
 Number 213                                                                    
                                                                               
 ROBERT WILLARD, JR., came before the committee members.  He said he           
 represents the Grand Camp of the Alaska Native Brotherhood and the            
 Southeast Native Subsistence Commission.  He noted he is from                 
 Angoon but resides in Juneau.  He read the following statement into           
 the record:                                                                   
                                                                               
 "We are here primarily, though, on behalf of our children and our             
 grandchildren.  The Southeast Native Subsistence Commission is                
 sanctioned by the four largest Native organizations in the                    
 Southeast - the Central Council of the Tlingit and Haida Indian               
 Tribes of Alaska, the Alaska Native Brotherhood Grand Camp, the               
 Alaska Native Sisterhood Grand Camp and the Sealaska Corporation --           
 and is representative by 18 commissioners, each of whom is elected            
 by their respective Southeast communities.                                    
                                                                               
 "Mr. Chairman, Mr. Harold Martin, the president of the Subsistence            
 Commission, is unable to present and regrets that he could not be             
 here to testify as he had other commitments that he could not                 
 decline.                                                                      
                                                                               
 "The ANB and the Subsistence Commission attended the statewide                
 subsistence summit held in Anchorage in August and agreed with the            
 decisions made by the various regions.  I presented a copy of my              
 report on the summit as an attachment to this presentation.                   
                                                                               
 "In the Southeast, you should know the subsistence users harvest              
 less than 1 percent of the wild renewable resources, in the                   
 Southeast, in any given year.  I would like to speak especially to            
 the issue of linking subsistence priorities to individual or                  
 community circumstances.  The Alaska Native Brotherhood and the               
 Subsistence Commission are opposed to income levels as being a                
 criteria for subsistence opportunity.  The Alaska Native                      
 Brotherhood also opposes a community's economic circumstance as a             
 reason to evaluate the communities' eligibility for subsistence               
 opportunity.                                                                  
                                                                               
 "Any such limitation would be contrary to the spirit of Title VIII            
 of ANILCA, in that it would deny our Alaska Natives the freedom to            
 preserve their rich heritage and their traditional lifestyle when             
 some arbitrary income limit was reached.  The Congressional leaders           
 who enacted ANILCA in 1980 understood this, and in this regard, may           
 I quote the remarks from Congressman Morris Udall in the                      
 Congressional record of November 12, 1980, and I quote:                       
                                                                               
 `The policy also requires that regulatory systems which employ                
 income requirements not be imposed upon rural residents.  Income              
 requirements are, by their very nature, capricious classifications            
 in rural Alaska, and consequently can be invidiously destructive to           
 Alaska Native culture.  Such a system would key eligibility on                
 criteria which embody the seeds of destruction of Native culture              
 sown in the guise of regulation.                                              
                                                                               
 `It is the intent of this legislation, ANILCA, to protect the                 
 Alaska Native subsistence way of life for as long as the Alaska               
 Native people themselves choose to participate in that way of life,           
 and to leave for the Alaska Native people themselves, rather than             
 to federal and state resource mangers, the choice as to the                   
 direction and pace, if any, of the evolution of the subsistence way           
 of life and of Alaska Native culture.'                                        
                                                                               
 "A system that tells Alaska Natives that, `no, you may no longer              
 practice your traditional culture, because in our judgement you               
 make too much money,' is wrong.  Congress knew it was wrong in                
 1980, and it remains wrong today.                                             
                                                                               
 "I should say that I've included the Congressional record of                  
 November 12 in this presentation.  Congressman Udall, as you're all           
 aware, was chairman of the U.S. House Interior and Insular Affairs            
 Committee.  His testimony was intended to explain the Congressional           
 intent of Title VIII of ANILCA.                                               
                                                                               
 "The primary concern of the Alaska Native Brotherhood is the                  
 subsistence lifestyle and the subsistence culture which, taken in             
 tandem, the Congress called `cultural existence.'  The cultural               
 existence of the Tlingit and also the Haida, was kept alive by                
 passing our knowledge from generation to generation.  We learned              
 where and when to hunt, fish or gather other resources; and how to            
 prepare - to preserve the fish or game.  These proven methods have            
 been with us for thousands of years.                                          
                                                                               
 "We have determined among ourselves to continue our cultural                  
 existence as we have the tribal obligation to pass the knowledge on           
 to our children and to our grandchildren.  What we need from the              
 state is what we ourselves have so carefully passed down from                 
 generation to generation - cultural awareness, Mr. Chairman.  You             
 must know that the uses of the wild renewable resources are a vital           
 to the cultures.                                                              
                                                                               
 "May I address Section 801(5) of Title VIII which asks that land              
 managers seek out `persons with personal knowledge of local                   
 conditions.'  In the Southeast, as well in other regions, there are           
 elders that possess knowledge of the area, the terrain, seasons,              
 reproduction patterns of the species and the effects of weather.              
 Our elders are able to tell, in advance, which of the species will            
 be in abundance and which species need protective attention to                
 ensure reproduction.  The state needs to recognize Tlingit or                 
 traditional knowledge in its management plans for the sake of the             
 wild renewable resources.                                                     
                                                                               
 "Permit me to address the plight of the cultures of the tribal                
 members who reside in Juneau and also in Ketchikan, and                       
 particularly the Native children.  That Native child born in 1975,            
 or in that period, is growing up without any knowledge of the                 
 subsistence lifestyle, as these two communities have been closed to           
 subsistence since Title VIII of ANILCA was implemented in 1980.               
 What are they going to teach their children is the question that              
 needs to be answered, or is it the intent of the public policy to             
 destroy their cultures?                                                       
                                                                               
 "A Native family, or indeed a Native community, transcends urban              
 and rural boundaries.  A grandmother may live in Hoonah, a grandson           
 in Juneau, but each are linked by subsistence based traditions, and           
 a subsistence priority that draws arbitrary lines between `urban'             
 and `rural' members of a Native family is likewise destructive of             
 the very culture it was designed to protect.                                  
                                                                               
 "In sum, while Title VIII of the Alaska National Interest Lands               
 Conservation Act is intended to protect and ensure continuation of            
 the Alaska Native tribe cultures, the irony is that the `rural'               
 limitation in Title VIII is systematically destroying the cultures            
 of the Juneau and Native children.                                            
                                                                               
 "I want to thank you for the consideration you have given me today.           
 We should all take these proceedings as a sign that all of us are             
 committed to working together to preserve this state's history and            
 heritage.  Perhaps, as a result of our efforts, the state of Alaska           
 could become the first state in the union that takes the necessary            
 steps to protect the cultures of its Native people.  Thank you, Mr.           
 Chairman."                                                                    
                                                                               
 Number 336                                                                    
                                                                               
 WILLIAM "BILL" C. THOMAS, SR., Member, Southeast Native Subsistence           
 Commission, was next to come before the committee to testify.  He             
 thanked Co-Chairman Hudson for the opportunity to testify.  Mr.               
 Thomas read the following statement into the record:                          
                                                                               
 "I reside at 35 Ridge Road in Ketchikan.  I am a member of the                
 Southeast Native Subsistence Commission representing the Ketchikan            
 area Native community.                                                        
                                                                               
 "Some of my presentation was provided, but I take responsibility in           
 any case.  My sources tell me that Representative Hudson has stated           
 publicly that subsistence should be based on the individual basis,            
 with income as a determining factor as to the person's eligibility.           
 Also, the community's economic circumstance be a qualifying factor.           
 This is not in agreement with the Native community in Alaska.                 
                                                                               
 "I'm speaking from the results at the Native summit -- the                    
 subsistence summit in Anchorage.  On November 12, 1980, in the                
 Congressional record, Morris K. Udall, chairman of the House                  
 Interior and Insular Affairs Committee, explained the Conservation            
 Act -- the Congressional intent of Title VIII of Alaska National              
 Interest Lands Conservation Act.  The policy also requires that the           
 regulatory systems which employ income requirements not be imposed            
 to rural residents.  Income requirements, by their nature,                    
 capricious classifications in rural Alaska, and consequently can be           
 invidiously destructive to Alaskan Native culture."                           
                                                                               
 MR. THOMAS said he knows he repeated Mr. Willard, but he felt it              
 needed to be reiterated.  He then continued reading:                          
                                                                               
 "We also note that customary and traditional subsistence uses must            
 be evaluated on a community or area basis, rather than an                     
 individual basis.  I note with interest that the leadership of this           
 committee is hell bent on legislating Natives out of existence.  I            
 make reference to an article in the Anchorage Daily News quoting              
 Representative Ogan that a constitution amendment should not occur            
 unless we give up sovereignty and Indian country.  If it does                 
 happen, it won't go unchallenged."                                            
                                                                               
 MR. THOMAS indicated he will read the resolved portion of the                 
 resolution that was developed at the summit in Anchorage.  He noted           
 the guiding principles are included in information he gave to the             
 committee members.                                                            
                                                                               
 "Now, therefore, be it resolved, by the representatives of the                
 Alaska Native people assembled at the Native Subsistence Summit,              
 that:                                                                         
                                                                               
 "Appreciation is extended to the many Native delegates who came               
 despite pressing unfinished subsistence work to demonstrate their             
 deep commitment to the preservation of their customary and                    
 traditional subsistence lifestyle.                                            
                                                                               
 "The delegates of the Native Subsistence Summit express their                 
 appreciation for the hard work and dedication of Governor Knowles             
 and the other members of the Governor's task force in developing              
 its proposal and the attendance of the Governor and other members             
 of the task force at the Subsistence Summit."                                 
                                                                               
 MR. THOMAS explained that is the spirit of the resolution and noted           
 it is not all inclusive.  The (indisc.) at the summit was that the            
 people are anxious to see the state recapture management of those             
 resources.  He noted the committee members have a list of some of             
 the conditions they would like to see included.                               
                                                                               
 MR. THOMAS informed the committee members that he is the chairman             
 of the Southeast Regional Advisory Council.  He noted that has been           
 positive from the time of its inception or creation and that seems            
 to be contrary to the commitment the state has demonstrated to the            
 subsistence community.                                                        
                                                                               
 Number 400                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he would like to note that he has not come            
 to a final position.  He stated he didn't feel it was his role to             
 immediately determine what the final outcome is going to be until             
 hearings are held.  Co-Chairman Hudson explained he convinced the             
 Speaker and other leadership in the House that the hearings should            
 be held.  This issue has been around for many years.  It has                  
 divided the state of Alaska, and it is creating more division than            
 probably any other single issue.  He said he may have indicated               
 that he felt that there was a leaning in the number of the people             
 in the House and the Senate to something other than what had been             
 presented by the Governor's task force of seven members.                      
                                                                               
 CO-CHAIRMAN HUDSON said, "I believe, Bill, and I would really ask             
 that you and John Borbridge and other leaders, people who                     
 communicate with certain Alaskans, we need help in finding the                
 solution on how we can reconcile the two sides, because if the two            
 sides simply essentially speak into their own forum, it's a little            
 bit like speaking, you know, to your own congregation.  And we need           
 to figure how we can get these words coming across to people, in              
 many cases, exactly opposite views so that we can find that middle            
 ground that will bring us back the rights to manage our fish and              
 wildlife resources in the state as a state.  I fear that, and I'll            
 say this now for the record, I fear that probably more so than                
 almost anything else, not so much on the game side because I think            
 we've lost the management of the game in many areas of Alaska                 
 several years ago, but the fisheries, which is really vital to this           
 area and Southeast Alaska Native and non-Native, has a different              
 set of circumstances as far as management is concerned."                      
                                                                               
 CO-CHAIRMAN HUDSON said he'd mentioned during the hearing in Bethel           
 that we have a massive drainage system called the Yukon River and             
 there are so many elements of importance, both to a subsistence way           
 of lifestyle, a commercial cash lifestyle and as well as a sports             
 lifestyle.  He said we have to find some solutions to this issue.             
 Co-Chairman Hudson said it makes it difficult for the committee               
 members to try to go back to their colleagues with some middle                
 ground.  He said, "We've got to find a process and if you can come            
 up with any stronger good constructive ways to develop that process           
 to where we can get people like yourself, who represent a                     
 particular view - a subsistence view, and we respect that.  We're             
 eager to have this input - can also be able to communicate with               
 people who have a different advocacy and don't understand the                 
 intricacies of the subsistence way of life."                                  
                                                                               
 Number 448                                                                    
                                                                               
 MR. THOMAS said he appreciates and respects the clarification Co-             
 Chairman Hudson gave him.  He stated he believes it, accepts it and           
 thanks him.                                                                   
                                                                               
 Number 450                                                                    
                                                                               
 REPRESENTATIVE GREEN said he hopes that everyone understands that             
 when the committee members ask questions, they are not in a                   
 debative or an argumentive position.                                          
                                                                               
 REPRESENTATIVE GREEN said, "If the resolve was to be that there               
 would be a preference, would the community that you're representing           
 be amenable to the -- and if we were able to regain control within            
 the state, would you're community be willing to accept when there             
 is a deficiency of game.  We heard testimony just earlier that                
 you're people know in advance when there is going to be a shortage            
 and so, historically, you've adjusted to take that into                       
 consideration, but would the community be willing to say, `Alright,           
 this area is going to be short this year, therefore, we're going to           
 have to curtail even on a subsistence basis.'  Would those kinds of           
 things be amenable or would you prefer as we have heard a couple of           
 days ago that the subsistence lifestyle says that when they need              
 it, they'll get it?  And that may be anytime opposed to perhaps an            
 agency saying, `Well there is a limit here, if they want them they            
 go get it.'"  Representative Green said he is trying to get a feel            
 that if Alaska ever did get control again, if there would be a                
 reliance on that.                                                             
                                                                               
 Number 473                                                                    
                                                                               
 MR. THOMAS stated that is a good question.  He also said he would             
 appreciate more if the committee members would mention management             
 rather than control.  Mr. Thomas pointed out there is a distinct              
 difference on how that is approached.  Control is you want to                 
 possess something and management is you want to be part of                    
 something.                                                                    
                                                                               
 REPRESENTATIVE GREEN stated that is a very good point and he stands           
 corrected.                                                                    
                                                                               
 MR. THOMAS referred to people who rely on subsistence and said, by            
 their nature, when they see a stock that is probably imperiled they           
 tend to leave it alone to give it chance to rebuild or find a way             
 to enhance a natural rehabilitation.                                          
                                                                               
 Number 480                                                                    
                                                                               
 REPRESENTATIVE GREEN asked Mr. Thomas if he sees any possible                 
 problems with restricting one area or group and not another such as           
 the Tlingits or Yupiit.                                                       
                                                                               
 Number 490                                                                    
                                                                               
 MR. THOMAS indicated he doesn't see the possibility of problems.              
 He stated that is why the regional concept is so effective.  Mr.              
 Thomas said you don't hear the subsistence community saying                   
 anything about when they are restricted; they don't say, "Well, I             
 need six fish a day," or so many a day like other user groups.  He            
 said they don't protest, sign petitions, et cetera.  With proper              
 management, subsistence should not be an issue.  Proper management            
 would not make it an issue.                                                   
                                                                               
 Number 497                                                                    
                                                                               
 JOE AMBROSE, Legislative Assistant to Senator Robin Taylor, asked             
 Mr. Thomas if his residence is within the city of Ketchikan and not           
 in Saxman.                                                                    
                                                                               
 MR. THOMAS indicated that he lives in the Borough of Ketchikan.               
                                                                               
 MR. AMBROSE asked Mr. Thomas if he finds it ironic that he is a               
 member of the Subsistence Advisory Board and he isn't subsistence-            
 eligible because he is classified as urban.                                   
                                                                               
 MR. THOMAS said it might be ironic, but he thinks it is practical.            
                                                                               
 Number 512                                                                    
                                                                               
 DONALD WESTLUND was next to come before the committee members.  He            
 indicated he has lived in Ketchikan approximately 20 years.  Mr.              
 Westlund referred to information titled "Summary of Draft Package             
 for a Subsistence Priority and Returning Fish and Game Management             
 to the State," which said, "to recognize the paramount importance             
 of the subsistence way of life to Alaskans."  He asked if that is             
 to all Alaskans or part of the Alaskans.                                      
                                                                               
 MR. WESTLUND referred to the definition of "subsistence."  He said            
 the Webster's New World Dictionary, American Language, College                
 Edition, states in definitions 3 and 4, "The means of support or              
 livelihood."  He noted it doesn't talk about lifestyles at all.  He           
 said the way he looks at this issue, Title VIII needs to be                   
 repealed from a rural priority to a personal use priority for all             
 Alaskans.  He stated no matter what is done to the Alaska                     
 Constitution, the federal courts will always have the final say               
 under ANILCA as it is currently written.  If Title VIII is changed            
 from rural to personal use, you can still teach the taking of fish            
 and game traditionally by all subsistence or personal use people,             
 Native or non-Native.  Mr. Westlund said somebody who was born in             
 the state of Alaska is not a Native Alaskan.  He said something               
 that the Native community needs to look at is when they say "Native           
 Alaskans," there are a lot of native Alaskans that do not have                
 ancestral or culturally Native ties.  Mr. Westlund said he has a              
 long history, historically, through his ancestors, of a subsistence           
 lifestyle or subsistence taking of fish and game.  When you say,              
 "Well, it's my inherent right," it's also his right.  It may not be           
 in Alaska, but it is throughout his ancestral heritage.                       
                                                                               
 MR. WESTLUND said he believes that what also needs to be tied into            
 the ANILCA revision is we need to push for a new federal appeals              
 court, as we can no longer deal with the one in San Francisco.                
                                                                               
 MR. WESTLUND referred to a testifier who said the children of                 
 people who live in Ketchikan and Juneau, that are nonrural people,            
 teach their children how to catch fish and about their traditional            
 lifestyles; they currently do it under their personal use permits.            
 He said he thinks personal use would be a good avenue for resolving           
 these differences.                                                            
                                                                               
 MR. WESTLUND asked whether he is correct in saying that as ANILCA             
 is currently written, a nonrural person has no subsistence rights.            
                                                                               
 Number 559                                                                    
                                                                               
 REPRESENTATIVE GREEN stated that isn't quite true, as there are               
 some areas, for example, were there are dip net rights in the                 
 Copper River and sometimes in the Kenai River.  He indicated it's             
 not subsistence use but it's managed under personal use.                      
                                                                               
 MR. WESTLUND said it is managed under personal use.  He said a lot            
 of people in Ketchikan have misconceptions that they are protected            
 under ANILCA in that they have subsistence rights because they are            
 Native.  They live in a nonrural area, so they don't have                     
 subsistence rights.                                                           
                                                                               
 Number 568                                                                    
                                                                               
 REPRESENTATATIVE NICHOLIA referred to subsistence rights and                  
 Ketchikan not being a rural area, and she pointed out they do have            
 the Tier 1 and Tier 2 requirements.  The requirements are a right             
 to a similar subsistence way of life which would give them the                
 priority over the nonresidents coming in if there were a shortage             
 of fish or game.                                                              
                                                                               
 Number 581                                                                    
                                                                               
 MR. BOSWORTH explained that one of the complicated issues that the            
 department is currently dealing with is dual management, where you            
 have a federal and state system together.                                     
                                                                               
 REPRESENTATIVE NICHOLIA asked him to address the state law.                   
                                                                               
 MR. BOSWORTH said under state law, all Alaskans are eligible for              
 subsistence.  In times of shortage, there is the Tier 1 process               
 which eliminates essentially nonresident hunters.  He referred to             
 Tier 2 and said a person would fill out a questionnaire and the               
 most dependent individual is, therefore, eligible to participate              
 and gets a permit for a Tier 2 hunt.  He said, "Yes, we do have a             
 process for making that determination under the state system."                
                                                                               
 Number 591                                                                    
                                                                               
 MR. WESTLUND said the issue really needs review.  He said, "If you            
 do it under personal use for all Alaskans, whether you're Native or           
 non-Native -- and I don't think that should be an issue.  I think             
 it should be a resident of the state has priority for a state                 
 resource.  I really think that we could solve a lot of problems,              
 get by a lot of bias and disagreements between cultures, if it was            
 just under personal use for residents of Alaska.  I think it would            
 simplify ANILCA in a lot of ways.  It would give everybody an equal           
 stance in federal court, make it easier for the state to manage               
 fish and game, and it might satisfy the federal government; I don't           
 know."                                                                        
                                                                               
 TAPE 97-61, SIDE A                                                            
 Number 001                                                                    
                                                                               
 MELVIN J. CHARLES was next to testify.  He informed the committee             
 members he is from Saxman.  He stated he is not a public speaker,             
 but he has been studying law for the last two years.  Mr. Charles             
 referred to rural and urban and said that is not in compliance with           
 the Native lifestyle.  He said, "For thousands of years my Native             
 people have been controlling this land.  Now we have strangers in             
 our midst telling us what we can and cannot do.  You cannot                   
 interfere with our lifestyle without just compensation.  I feel               
 that our Alaskan Native people should put a (indisc.) multi-million           
 dollar lawsuit against the state legislators and law office against           
 the state of Alaska for just compensation.  I'm sorry, but I have             
 a lot to say but I cannot say it at this time.  Thank you."                   
                                                                               
 Number 050                                                                    
                                                                               
 ROYCE RENNIGER, Commercial Fisherman, came before the committee               
 members to testify.  He noted he lives in Ketchikan.  Mr. Renniger            
 said he thinks the issue should go the Supreme Court as there are             
 too many loopholes and questions.  He believes there are a lot of             
 people who are really scared of what they'll wind up with and he is           
 one of them.  Mr. Renniger said, "As a commercial gillnetter, I               
 don't know where I sit.  Can somebody tell me when I'm going to get           
 to fish if all this is enacted?  And where do you cut off how much            
 subsistence goes to an individual before I get to put my net in the           
 water and earn a living?  And I've lived in Alaska for 40 some                
 years now.  I'm not a Alaskan Native, but my wife was born and                
 raised here, her father was born and raised here.  Her family goes            
 way back."                                                                    
                                                                               
 MR. RENNIGER continued, "I think there is so many questions that a            
 lot of people are really nervous about.  And I, quite frankly, am             
 going to sit here and tell you I don't think it's - I think it's              
 going to get voted down because there are too many open loopholes.            
 I see all kinds of loopholes in everything I've read here this                
 morning because they're trying to satisfy every little detail.  And           
 I, quite frankly, don't see a problem.  I don't see a problem, I              
 really don't.  Where is the problem?  I've lived here all these               
 years, and I've never known a problem to exist like this.  I mean,            
 people still get to go out and fish and hunt.  Nobody is going                
 hungry.  Is anybody going hungry?"                                            
                                                                               
 MR. RENNIGER continued, "There is problems in the Northern Region             
 and I can understand that you got those in-river communities and              
 stuff that a lot of times maybe they don't get the escapement they            
 feel they need or whatever.  And I'm going to go back to what I've            
 said at every hearing I've ever been to in regard to fish and game:           
 The state is too large to be managed the way it is in our fish and            
 game management.  It's way too large.  They have problems in the              
 North land that don't even relate to us and we have problems that             
 don't even relate to them and they're trying to manage the whole              
 thing under one scenario, one set of rules, and it never works.               
 This is the first fish/game board management meeting that we've had           
 here in Ketchikan that I thought went really well.  Everybody went            
 away a little bit unhappy and a little bit happy, if that makes any           
 sense to you, because the Board of Fish[eries] did a real good job            
 of addressing a lot of issues that we have down here.  That's the             
 way I feel, and a lot of my associates feel that way too, I                   
 believe.  But it still is -- there were people that were really               
 quite unhappy too because of the way -- it affects everybody in the           
 state the way things go.  And it's set up all wrong.  Our state is            
 too big.  We need two states, and I've said it forever:  Southeast            
 Alaska and Alaska."                                                           
                                                                               
 MR. RENNIGER asked if you can satisfy the commercial fishermen,               
 seiners, trollers and gillnetters, no matter where they come from             
 and when will they be able to fish.  He asked how it will affect              
 the commercial fishermen.  He said he doesn't see an answer.                  
                                                                               
 Number 119                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA said everybody tends to forget that at one            
 time there was a rural priority and it didn't change anything.  The           
 only time the rural priority kicked was when there was a shortage.            
 She said it doesn't have an impact on Ketchikan because Ketchikan             
 is a nonrural area.  Ketchikan would fall under different                     
 regulations such as the Tier 1 and Tier 2 provision.                          
 Representative Nicholia said the current problem is that we have              
 dual management in Alaska.  The question is, "Which management                
 regime do we want to be under?  Do we want to be under dual                   
 management or do we want to regain statement management?"  She said           
 having a rural priority provision back in the state again and                 
 regaining statement management doesn't change anything for the                
 commercial fisherman unless there is a shortage.                              
                                                                               
 MR. RENNIGER said as he reads the information and proposals that              
 could fit in, it opens so many loopholes.  He doesn't believe the             
 federal government should be involved in anything that is being               
 done in the state of Alaska.  Our constitution says equality for              
 all, and he feels that was a well-written constitution.                       
                                                                               
 Number 154                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he wasn't in attendance to defend the                 
 proposal, as he wasn't a part of the seven-member task force that             
 put together the three-part fix.  The reason for trying to come up            
 with some sort of a fix is because Alaska has been told by the                
 courts that any management of fish and wildlife with a rural                  
 preference is in violation of the Alaska Constitution.  Co-Chairman           
 Hudson said Alaska has been told by the federal judges and                    
 authorities, the people who would manage and take over the                    
 management through Title VIII of ANILCA, that there must be a rural           
 preference.                                                                   
                                                                               
 MR. RENNIGER questioned whether that is discriminatory.                       
                                                                               
 CO-CHAIRMAN HUDSON said it may be, but it is the federal law.  He             
 referred to Mr. Renniger's saying that this should be taken to the            
 Supreme Court and said there are many people who would love to see            
 that happen because it might reconcile it.  He said the problem is            
 that it is not easy to get before the U.S. Supreme Court, as they             
 don't hear just anything.  He stated that Mr. Renniger is a                   
 commercial fisherman and noted one of his biggest concerns and the            
 reason he wanted to see this issue go out for hearings is because             
 he fears that dual management could be the U.S. Forest Service,               
 national monuments, Bureau of Land Management, perhaps the Bureau             
 of Indian Affairs, and the Alaska Department of Fish and Game.                
                                                                               
 Co-CHAIRMAN HUDSON said, "All of these people having some invested            
 interest in it, and as you know, these fish, they leave the stream            
 and they go far to sea and they come back fat and some of them have           
 a big `Canadian' on them.... You see how complex it is, but can you           
 imagine how difficult it would be if all of the streams were thrown           
 into the pot and everybody who felt like -- they're the Forest                
 Service and they have responsibility in the Tongass out to three              
 miles, usurp the three miles, they would essentially have a hand in           
 trying to determine how the management is going to (indisc.) take             
 place there.  And if we don't do something, my fear is that we're             
 going to have layer and layer of multiple management, tremendous              
 expense, and we're not going to be able to operate as timely and as           
 dynamically as I believe, at any rate, we have to do.  Under a                
 single management scheme by the state of Alaska, we can do that.              
 And it's the proposal, at any rate, from the seven-member task                
 force attempts to get the federal government to acknowledge that we           
 are in compliance with federal law and, at the same time, provide             
 whatever mechanism is necessary in the constitution, if we need be,           
 or statutorily, at any rate, in order to obtain that right to                 
 manage our own fish and wildlife.  To me, as a state's rights                 
 advocate, I am really offended by the federal government holding a            
 hammer over our heads saying that you either play by our rules,               
 which many of us believe are maybe not unconstitutional, but                  
 certainly in that fate when they granted us statehood."  Co-                  
 Chairman Hudson stated that it is a complex issue, it's multi-                
 tiered, we can do the management, we'll always probably have some             
 federal involvement in the management because of the federal lands.           
                                                                               
 CO-CHAIRMAN HUDSON said, "We have so many question marks involved             
 into this whole thing now that at least this task force proposal              
 tries to address all of those in a connective way.  It ultimately             
 places in your hands, the people of Alaska, an opportunity                    
 providing we, the legislature, give it to you to vote to determine            
 whether or not you believe that there ought to be a way within the            
 constitution for the lawmakers of Alaska, your representatives, to            
 afford you the opportunity to pass the laws that will determine the           
 management that will make certain that you know when you can fish,            
 that will guarantee that fish are enhanced and habitat is                     
 maintained and hatcheries and things of this nature -- a whole                
 management scheme.  All rivers, as they cross through migratory               
 ways, as you know the intercept cases and things of this nature,              
 are extremely complex.  But right now it's threatened, in my                  
 opinion, by the threat of the court ordered federal takeover and              
 the ambiguity within the definitions of the instrument that would             
 afford that takeover."                                                        
                                                                               
 Number 236                                                                    
                                                                               
 MR. RENNIGER said he came to Alaska in 1955 with his parents.  He             
 said he has been to Anchorage once, and he doesn't understand the             
 problems in the North land.  He referred to Representative                    
 Nicholia's saying that she has a rural problem right now and asked            
 her where she is from.                                                        
                                                                               
 Number 245                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA responded she is from Tanana on the Yukon             
 River.                                                                        
                                                                               
 MR. RENNIGER asked her what her problem is.  He asked if she isn't            
 getting enough fish.                                                          
                                                                               
 REPRESENTATIVE NICHOLIA stated she didn't say anything like that.             
                                                                               
 MR. RENNIGER apologized for his misunderstanding.                             
                                                                               
 Number 250                                                                    
                                                                               
 REPRESENTATIVE WILLIAMS referred to Mr. Renniger's making a comment           
 about going to the Supreme Court first.                                       
                                                                               
 MR. RENNIGER interrupted, saying that he thinks our constitution is           
 right.                                                                        
                                                                               
 REPRESENTATIVE WILLIAMS said he knows what Mr. Renniger is saying.            
 He pointed out there was constitutional amendment for limited entry           
 which was passed.  He discussed how his son has been fishing for              
 the last ten years and wants to get a limited entry permit, but he            
 can't afford it.  Representative Williams said limited entry was a            
 tool that this state saw how we could manage our fish resources in            
 a better manner.  He stated he agrees with that, but he doesn't               
 agree with putting a price tag on limited entry permits.  It should           
 have gone back to the state where anybody could have got one.  It             
 was just a permit and wasn't "worth $50,000, $100,000, $250,000 or            
 whatever it may have been."  He stated that going to the Supreme              
 Court is like trying to talk to God.  You cannot talk to the                  
 judges, you can talk at them, but you can't talk with them.                   
 Representative Williams said he would prefer it stay out of the               
 Supreme Court.  He indicated he would rather negotiate something              
 and get the management back to the state of Alaska.  Representative           
 Williams said he is not telling anyone how it should be done.  What           
 he would like to be done is to find a solution that would assure us           
 that the state is in management.  He said he agrees that we have              
 the best management in the world.  Representative Williams pointed            
 out that he was fishing in 1955, when they used to fish seven days            
 a week and at the end of the seine season they may have caught                
 maybe 50,000 fish.  Now you can get that in one day because of the            
 fact that the management came to the Alaska Department of Fish and            
 Game.  We have a proven system here.                                          
                                                                               
 Number 295                                                                    
                                                                               
 GEORGE JAMES, JR., Kuiu Thhinggit Nation, came before the committee           
 to testify.  He spoke his Tlingit name and said his great                     
 grandfather and great grandfather also had the same name, Sumta               
 (ph), which means "Always been there."  Mr. James said he can trace           
 his tribal lineage back before George Washington became President.            
 Mr. James said that we have three choices to make.  He continued to           
 read his statement into the record:                                           
                                                                               
 "The Native peoples of Alaska, the indigenous people only, have               
 three choices to make.  Only indigenous peoples can make these                
 choices, no one else can make it for them.  The choices have                  
 everything to do with your traditional tribal lands, waters and               
 resources.  You will choose who controls and manages everything.              
 The three choices are, and mind you these choices were agreed upon            
 by the United States, Great Britain and everybody that's a                    
 signatory to it and the U.N. (United Nations):  1) The number one             
 choice is you and you're tribe can stay just as everything is now             
 with the state of Alaska, with its ADCs and the United States                 
 government and its agencies controlling everything and telling you            
 what to do; and 2) You and your tribe can choose to become like a             
 commonwealth of Puerto Rico, where all the people run their country           
 just like the United States of America, with no tribal control of             
 any kind.  You and your tribe will have no right to manage any                
 agreements with any other nations and the United States of America            
 are still going to be in control and be the big boss.  And the                
 third choice is the most important one of all.  You and your tribe            
 can choose to completely control everything in your traditional               
 lands, waters and resources.  No outside people can tell you and              
 you're tribe what to do.  The third choice completely gets rid of             
 any control, rules, laws, regulations from both the state of Alaska           
 and the United States of America.  All their powers will return to            
 you and your people and no one else.  The third choice is for total           
 independence and sovereignty.                                                 
                                                                               
 "The right for indigenous people of Alaska to make any of these               
 choices are guaranteed by international covenants and agreements              
 and laws.  Article 27 of the International Covenant of Civil and              
 Political Rights, GAR 1514 of 14 December, 1960, Declaration of               
 Granting Independence to Colonial Countries and Peoples, (2) `All             
 peoples have the right to self determination; by virtue of that               
 right they freely determine their political status and freely                 
 pursue their economic and cultural development.'                              
                                                                               
 "Convention on elimination of all forms of racial discrimination              
 protects rights to utilization of the resources, land and waters.             
                                                                               
 "A draft convention and declaration on the rights of indigenous               
 peoples.                                                                      
                                                                               
 "To add power to the strength of the covenants given by indigenous            
 people of Alaska."  Mr. James noted he also has copies of the                 
 "Smoking Gun."  He said, "What the `Smoking Gun' says we have the             
 land titlest specialist and there no one better than him in the               
 United States.  And what he did is he's did research at the                   
 Smithsonian, he did research at the Congressional records, he did             
 research at the national archives.  There is nothing on record to             
 show that the United States bought Alaska.  There is nothing on               
 record to show that Russia sold it.  There is nothing on record at            
 all.  If you folks know where the records are, please let me know."           
                                                                               
 MR. JAMES continued to read his statement:                                    
                                                                               
 "This document from the United States archives in Washington, D.C.,           
 clearly says that Russia never owned the region of Alaska;                    
 therefore, Imperial Russia could not sell what they did not own.              
 You and your traditional tribe still own your traditional lands,              
 waters and resources.                                                         
                                                                               
 "The Smoking Gun consists of a series of letters and documents from           
 the United States archives in Washington, D.C., created between               
 1821 and 1824 during the negotiation of a convention between the              
 U.S. and Russia brought about by an edict published by the tsar of            
 Russia in 1821.                                                               
                                                                               
 "What are the next steps to take?  1) All of the indigenous peoples           
 of Alaska will have to make a choice by voting.  Only they can                
 vote, no immigrants will be allowed to vote or campaign for or                
 against these three choices.  A special time for voting will be set           
 aside.  Maybe a year or so it will take, but it's up to the                   
 traditional tribal leaders and your tribal elders and councils to             
 do this and this is guaranteed by the United Nations."                        
                                                                               
 Mr. James said by having this subsistence hearing, he sees people             
 are trying to help them out, but who helped them when the                     
 legislature wasn't here.  He stated they've done it by themselves,            
 for thousands of years they did it by themselves.  He gave the                
 committee members copies of his testimony.  Mr. James noted his               
 attorney, Mr. James P. Bailey, also has a video.  He noted Mr.                
 Bailey, who is a doctor of law, land and is also a title                      
 specialist, told the tribal council that when they get close to the           
 goal of being self governing, deal makers will be coming out of the           
 woodwork and will make offers that will be hard to refuse.                    
                                                                               
 MR. JAMES pointed out that the term "Indian country" is being used            
 freely.  He said he would inform the committee he isn't an Indian.            
 That is what Congress called them.  The state now feels they have             
 settle this subsistence matter once and for all.  He asked what the           
 big rush is as they have been here for 10,000 years.  The term                
 "rural priority" is always being used.  Only the rural people can             
 live a subsistence lifestyle.  Mr. James asked the committee                  
 members if they came and asked him what they could have for                   
 breakfast.  He said if he has to ask what he can eat, the committee           
 better ask him what they can eat.  He stated everybody deserves to            
 live and he is getting tired of people telling him how to live.               
                                                                               
 MR. JAMES explained his parents were moved off of Kuiu Island in              
 1934.  There were more students on that island than in the Village            
 of Klawock, where they were forced to move.  He said this was all             
 a conspiracy to take the land away from them and make them                    
 something that they weren't intended to be.  Mr. James said they              
 are willing to sit down and discuss the issue.  He stated the                 
 choices are up to the indigenous people of Alaska and no one else.            
                                                                               
 Number 421                                                                    
                                                                               
 BOB WEINSTEIN came forward to testify regarding subsistence.  He              
 noted he is a member of the Ketchikan City Council, but is                    
 testifying on his own behalf.  Mr. Weinstein stated he is not a               
 legal or constitutional scholar or a scholar on the issue of                  
 subsistence.  However, one thing he has growing expertise in is the           
 impasse of federal management.  He said most people in Ketchikan              
 have had it with federal management.  Over the last year, a                   
 significant portion of their largest employer closed as a result of           
 federal management.  After ten years of study and $15 million of              
 federal tax expense, there is the Tongass Land Management Plan                
 (TLMP) which still can not answer whether there will be a                     
 sufficient timber supply in Ketchikan to meet current and planned             
 capacity.                                                                     
                                                                               
 MR. WEINSTEIN said his testimony is:  It seems that the worst                 
 option is to do nothing and have federal management.  He said the             
 legislators have been elected to come up with the solution that can           
 balance the competing interests and keep out further federal                  
 encroachment on the management of the lives of people in Ketchikan            
 and elsewhere in the state.  He noted he isn't familiar with the              
 details of the task force proposal, but if that doesn't work the              
 legislature needs to come up with another solution that will                  
 prevent further federal encroachment in the lives of our people.              
                                                                               
 Number 452                                                                    
                                                                               
 JOE DEMMERT, JR., was next to come before the committee.  He asked            
 how many committee members have a limited entry permit.                       
                                                                               
 CO-CHAIRMAN HUDSON indicated Representative Dyson has a limited               
 entry permit.                                                                 
                                                                               
 MR. DEMMERT suggested the rest of the committee is at loss.  He               
 said, "When the state amended the constitution, this very same                
 provision that we're discussing amending -- where subsistence                 
 priority -- we gave over 90 percent of the salmon of the resource             
 to people that own these permits.  So, it puts the rest of you at             
 a disadvantage right at the beginning, yet how many hearings did              
 they conduct when they amended it to provide for limited entry.               
 They were talking about up to 95 percent of the salmon resource.              
 And I speak to the salmon simply because we are still the world's             
 largest producer of wild salmon.  When we amended the constitution            
 to provide limited entry, we gave over 90 percent of that resource            
 to the people that own these permits and the issue at the time was            
 conservation of the resource.  Today, we're talking about another             
 amendment, that same provision in the constitution that provides              
 equal access.  (Indisc.) are we talking about a conservation issue?           
 We're talking about listing two percent of the salmon resource,               
 statewide, that is utilized for subsistence.  I'd say the error in            
 managing those resources in any given year is greater than the                
 amount that's being utilized for subsistence.  It has become such             
 a divisive issue.  What are the problems?  What are we speaking               
 about when we talk about amending the constitution to provide a               
 rural priority.  That priority goes into effect only when there is            
 a shortage of a resource and I doubt if I ever see a shortage of              
 the salmon resources in the rest of my lifetime.  I've never seen             
 that and I've been here for over 70 years now.  I've been a                   
 commercial fisherman, this is sixty-first year as a purse seiner."            
                                                                               
 MR. DEMMERT said he almost decided not to attend because two                  
 minutes provides a person hardly enough time to introduce oneself.            
 Mr. Demmert continued to discuss his background by saying he has              
 served two terms on the state Board of Fish and Game when it was a            
 joint board.  He served one term on the Board of Fisheries in 1986            
 through 1989, when the state enacted a new subsistence law.  Mr.              
 Demmert said it was the Board of Fisheries and the Board of Game              
 that had to adopt regulations to enact the new law that would put             
 the state in compliance with ANILCA.  They spent endless hours and            
 days conducting hearings throughout the state to come up                      
 regulations that would be acceptable and in compliance with federal           
 law.  The McDowell Group took it to court and, unfortunately, that            
 new law was declared unconstitutional in the courts.  He stated he            
 still feels that the regulations that were adopted to enact that              
 law would have laid subsistence to rest because they weren't                  
 speaking of a great deal of the resources.  Mr. Demmert referred to           
 comments from different people about going back to state management           
 and said he fished under state management and has been a boat owner           
 since 1949, and he knows what state management can do.  He has                
 served one term on the North Pacific Council.  That is an example             
 of state management which leaves a lot to be desired.  Having                 
 served on the state Board of Fish and Game, the resource was number           
 one, but that isn't the case with the North Pacific Council.  Mr.             
 Demmert indicated he didn't feel comfortable serving on the council           
 even thought there were a lot of highly qualified people.  He                 
 didn't agree with a lot of the decisions the council made as the              
 resource was not the number one objective.                                    
                                                                               
 MR. DEMMERT referred to the issues in relation to subsistence and             
 amending the state constitution and said it has already been                  
 amended to deny most people equal access to our salmon resources.             
 Many of the permit holders are nonresidents.  He said he is having            
 a difficult time trying to figure out what the main objections are            
 to amending the constitution to provide for rural priority when it            
 has already been amended to give away over 90 percent of salmon               
 resources to the permit holders.  Mr. Demmert said if the                     
 legislature would take a look at the regulations that the "North              
 Pacific Council" spent so much time on, it could be a good starting           
 point on how the state should go about managing subsistence -                 
 managing our salmon resources that would put us in compliance with            
 state law.  He noted Mr. Bosworth was at many of the hearings and             
 he probably has a lot of information that would be very helpful to            
 the committee, during deliberations, in getting the legislature to            
 come up with an amendment to the constitution.  He referred to one            
 of the provisions in the regulations the council adopted and said             
 it would provide personal use for other Alaskan residents.  The               
 only difference would be that you would need a sport fish license             
 to participate.  He indicated subsistence food has been a part of             
 his diet since the beginning of his life and there isn't anyone               
 around that is going to change that.  He said even though he now              
 resides in a nonrural community, he will still be able to go out              
 and harvest the food that he has been accustomed to all of his                
 life.  Mr. Demmert explained that some of his close personal                  
 friends have changed their diets to a non-Native diet and many of             
 them have medical problems.  He hasn't had any medical problems, so           
 there is no reason for him to change his diet at this point in his            
 life.                                                                         
                                                                               
 MR. DEMMERT said he thinks this subsistence issue has gone far                
 beyond what any reasonable person would consider.  Why deny people            
 access to 2 percent of the resource?  As an Alaskan, he would                 
 encourage all Alaskans to sit down and look at the pros and cons.             
                                                                               
 MR. DEMMERT referred to a recommendation by the Governor's task               
 force and said, "The one provision on amending would be permissive,           
 you know, on it whether the priority would be agreed upon or not."            
 He said he doesn't think that is a good provision because when we             
 gave 90 percent of the salmon resource to limited entry permit                
 holders, there were no restrictions on how limited entry would be             
 adopted.  Subsistence is 2 percent of the resource and we're trying           
 to impose limits on how this should be implemented.  He thanked the           
 committee for the opportunity to speak.                                       
                                                                               
 Number 569                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he would like to personally thank Mr.                 
 Demmert for leading the committee into what he believes is an                 
 element of solution.  He said if he heard him right, he isn't a               
 strong advocate of federal control, but he believes we should                 
 manage our fisheries and game in the state of Alaska by the state             
 of Alaska.  Co-Chairman Hudson asked if he is correct in saying               
 that.                                                                         
                                                                               
 MR. DEMMERT responded in the affirmative.  He informed the                    
 committee that before statehood, our salmon stocks were depleted to           
 the point where some of them probably never recovered.  Mr. Demmert           
 said we've done a very good job, statewide, managing our fish and             
 game resources.  We made a very strong commitment in doing that, we           
 hired some of the best scientists in the (indisc.) to guide us in             
 the way that our fish and game has been managed as a state.                   
                                                                               
 Number 580                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA commended Mr. Demmert for his services to             
 the Board of Fisheries and the Board of Game.  She said Mr. Demmert           
 mentioned the Governor's task force proposal, which says, "The                
 constitution will be amended to permit, but not to require ...."              
 She asked Mr. Demmert whether he thinks that section should be                
 changed from "may" to "shall require to grant a subsistence                   
 priority to rural residents."                                                 
                                                                               
 MR. DEMMERT said, "As I stated when we amended the constitution the           
 first time to allow limited entry, I don't think we put any                   
 restrictions on how we should go about that, and I feel this                  
 provision in this proposal is restrictive.  I think they were right           
 to provide for rural preference and we should do it.  That is the             
 intent of the amendment to the constitution and that's what it                
 should do."                                                                   
                                                                               
 Number 592                                                                    
                                                                               
 REPRESENTATIVE DYSON stated that he shares Mr. Demmert's                      
 appreciation for the good job that the Department of Fish and Game            
 has done in the management of the resources.  He said he struggled            
 when he was in Bethel to find out why many of the local residents             
 had so much confidence that the federal government would do a                 
 better job.  Representative Dyson said the federal management of              
 fisheries in Washington and Oregon doesn't have a good record.                
 Apparently, the people in Western Alaska are encouraged by what the           
 federal government has done with the local subsistence boards as              
 they have paid a lot attention to local knowledge and the wisdom of           
 the elders.  He said he feels their confidence has to do with that            
 recent experience of dealing with the federal government.                     
 Representative Dyson indicated he doesn't share that confidence.              
 He stated that over the 20 plus years that he has been fishing for            
 sockeye, in the last two years we've seen a shortage in the Bristol           
 Bay fishery, and 10 million fish from the Kvichavak River system              
 have disappeared and it's unknown where they went.                            
                                                                               
 TAPE 97-61, SIDE B                                                            
 Number 001                                                                    
                                                                               
 REPRESENTATIVE DYSON thanked Mr. Demmert for his state service and            
 for giving the committee his perspective.                                     
                                                                               
 MR. DEMMERT indicated he had one other comment.  He said in                   
 Southeast Alaska, we are clearly aware of what federal management             
 has done to our other renewable resources.  The timber industry has           
 gone by the wayside, which he attributes to the federal management.           
                                                                               
 Number 020                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA referred to Representative Dyson speaking             
 about Western Alaska and those people not having a lot of                     
 confidence in the state of Alaska.  She said he failed to mention             
 that the people also said they are losing faith in the state of               
 Alaska because of the budget cuts to the Division of Commercial               
 Fisheries and to the Division of Subsistence, the local and                   
 regional advisory committees and councils.  So, their participation           
 in the state process is diminished.  Now the federal government is            
 coming and providing the funds.                                               
                                                                               
 Number 039                                                                    
                                                                               
 REPRESENTATIVE REGGIE JOULE explained he has been listening via               
 teleconference from Barrow.  He referred to the Bethel hearing and            
 said he would like to bring up two issues.  One is the issue of co-           
 management.  People feel very much a part of the process to a                 
 recognized system such as the federal Advisory Fish and Game                  
 Boards.  They have seen it work.  Their input to that system has              
 made positive impacts in the preservation and in the harvesting               
 methods.  That is one of the reasons they are not afraid of federal           
 management.  Representative Joule explained that almost everyone              
 who provided testimony said that while they would welcome federal             
 management, they would prefer to see the legislature allow the                
 people of the state of Alaska to vote on the issue of whether or              
 not the state of Alaska should have a rural priority.                         
                                                                               
 Number 072                                                                    
                                                                               
 MR. DEMMERT indicated he had an additional comment regarding the              
 proposed amendments to ANILCA.  Our Congressional delegation has              
 cautioned us for many years on opening ANILCA to amendments.  We              
 need to be very careful in how we go about doing that because if it           
 was opened up, we could end up with problems like we had with our             
 timber industry.  We'll have people that are not familiar with the            
 resources in Alaska that will come up with a mechanism that will              
 have a drastic impact on Alaska resources.  We need to listen to              
 our Congressional delegation as they are cautioning us for a                  
 reason.  Under federal management we could have environmentalists             
 sitting on the panel that will have an impact on how we manage our            
 fish and game resources.  He again stated he believes state                   
 management is the best alternative we have available.                         
                                                                               
 Number 105                                                                    
                                                                               
 MR. AMBROSE referred to the term "in times of shortage" and asked             
 if there is anything in the constitutional amendment that restricts           
 the preference to "in times of shortage."  He said he had thought             
 it was the number one priority.                                               
                                                                               
 MR. BOSWORTH informed the committee that the constitutional                   
 amendment provides that the legislature may enact laws allowing a             
 rural preference.  There is nothing in the constitutional amendment           
 that speaks to "shortage."                                                    
                                                                               
 Number 118                                                                    
                                                                               
 MR. AMBROSE asked if there is anything else in the rest of the                
 proposal that limits it to times of shortage.                                 
                                                                               
 MR. BOSWORTH explained the way the preference is implemented by the           
 boards of fisheries and game.  It does provide that subsistence               
 uses must be provided for, and once the boards have determined that           
 has been accomplished, then other uses are provided for.                      
                                                                               
 Number 158                                                                    
                                                                               
 DICK COOSE came before the committee to testify.  He stated he does           
 not support the Governor's task force proposal or the                         
 Murkowski/Young proposals as written.  Neither one of the proposals           
 provide enough protection for Alaskans to manage our fish and game            
 from the federal government control.  They're too loose.  He noted            
 he has given the task forces his comments.  Mr. Coose said he                 
 doesn't believe that ANILCA, Title VIII, is legal under our federal           
 constitution and there are documents that he believes some of the             
 state agencies have which stated that it wasn't legal when it was             
 passed.  He said in his opinion, the Governor and legislature needs           
 to exhaust all legal means to determine whether or not that's true            
 or not before Alaska is forced into negotiating with the federal              
 government on the issues.  We need to know without being panicked             
 into doing it.                                                                
                                                                               
 MR. COOSE stated he believes that ANILCA, as written, is being used           
 and abused mainly by people and organizations outside of this                 
 state.  They are using it to stop resource management.  The Tongass           
 is part of it as they use it to prevent timber harvesting, mining             
 or any other thing.  We've got to be real careful about how we                
 allow subsistence laws to be used because they will eventually                
 screw up this state's economy.  Mr. Coose said we have got to                 
 somehow look beyond the issue and look at the bigger picture and              
 see how this is going to mess up this state.  Mr. Coose informed              
 the committee members he really supports all Alaskans being able to           
 harvest fish and game to feed their families.  It is a basic                  
 Alaskan right, it's all of our rights, as Alaskans, to be able to             
 have fish and game on our table to feed our families.                         
                                                                               
 MR. COOSE said there is one really important aspect of ANILCA,                
 Title VIII.  He said he thinks that there was an intent to make               
 sure that Alaskans could hunt and fish on all the federal lands               
 that they designated as parks and refuges because otherwise, they             
 would have taken that right always from all Alaskans.  We need to             
 attempt to protect the right to utilize our federal lands as we               
 know best how to do it.  He said he supports Alaskan's rights,                
 under the existing state constitution and appropriate state laws,             
 that will assure all Alaskans the right to continue to gather fish            
 and game to feed their families.                                              
                                                                               
 MR. COOSE informed the committee members that he does not support             
 the commercial sale of any fish and game products or other things             
 gathered for personal subsistence use.  The federal courts and the            
 government must not have any oversight over our fish and game                 
 management.  Mr. Coose said he would ask the legislature to protect           
 his Alaska personal rights and to protect the rights of Alaskans to           
 manage their own fish and game resources, on a sustained yield                
 basis, and to provide for Alaskans the right to gather fish and               
 game to feed their families.                                                  
                                                                               
 Number 224                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA asked Mr. Coose if he holds a commercial              
 fishing permit.                                                               
                                                                               
 MR. COOSE indicated he does not.  He said he doesn't consider                 
 himself a commercial fisherman.  Mr. Coose said he enjoys sports              
 hunting and fishing on occasion, but he thinks if someone needs to            
 feel their family they need to be able to do it.                              
                                                                               
 Number 429                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA said, "Say that you depend on the                     
 fisheries.  Now there is a fishery shortage and you needed to feed            
 you family.  Would you appreciate it -- while you're trying to get            
 that fish for your family and fishermen came down from Anchorage to           
 fish in the waters here while you're trying to do that.  Would you            
 appreciate that?  What's you views on that?"                                  
                                                                               
 MR. COOSE said he doesn't think he'd feel good about that.  He said           
 he thinks management of fish and game is typically on a local type            
 of a basis.                                                                   
                                                                               
 Number 250                                                                    
                                                                               
 K. A. SWIGER, Ketchikan Sports and Wildlife Club, came before the             
 committee to give her testimony, saying she agrees with numerous              
 other speakers.  She read the following statement into the record:            
                                                                               
 "I'm a Native Alaskan, a lifelong resident of Alaska.  My family              
 has been here for 50 years, they've dedicated their lives to the              
 future of this state and taken part in the challenge of a territory           
 becoming a state.  I want to go on record not supporting either the           
 Governor's task force proposal or our Congressional delegation's              
 solution to this problem.                                                     
                                                                               
 "The state constitution called for us all to be citizens.  All of             
 us are Alaskans, and to have equal access to the bountiful                    
 resources of our great land.  I believe this constitution should be           
 honored.  The divisiveness created by ANILCA has, in my opinion,              
 been detrimental to this state and its people.                                
                                                                               
 "It is an insult to me personally that subsistence rights be given            
 to only certain people based upon whatever criteria, race, culture,           
 finance or income or location in the state.  It's all divisive                
 criteria.  If we all go back,  even in the not so distant past,               
 have not all of our forefathers at one time subsisted upon the                
 bounties of the land and sea?  Can this not be considered                     
 traditional and cultural?  Furthermore, have we ever been asked how           
 important subsistence is to us, or how we use the opportunity and             
 depend upon it?                                                               
                                                                               
 "I believe the state constitution set out to respect this issue               
 and, therefore, declared all Alaskans the subsistence entitlement.            
 I, therefore, strongly urge the Alaska legislature to take actions            
 to promote rectifying the wrong in ANILCA.                                    
                                                                               
 "State management of fish and game has been highly successful in at           
 least Southeast Alaska, presented today, if maybe not so                      
 successfully elsewhere in Alaska, but I believe overall it's been             
 successful and it has done so with subsistence opportunities                  
 available to all.  Has there been a problem?  Do we have shortages            
 that we can't rectify other than the cyclical nature of fish runs?            
                                                                               
 "Lastly, it is of paramount importance that the legislature do what           
 it can to ensure a continued moratorium, if necessary, of the                 
 federal takeover of fish and game and they do that before the                 
 details of this subsistence issue be worked out.  They're planning            
 to take over, as we all know on October 1st, the commercial                   
 fishery.  This can only lead to a disaster.  Federal management of            
 resources have had a poor history in this state and should not                
 continue.  Thank you."                                                        
                                                                               
 REPRESENTATIVE GREEN referred to Ms. Swiger urging that the issue             
 be resolved prior to October 1 and said there will be more public             
 hearings up until that point.  There will probably be no way to               
 resolve the issue by October 1.  He said there is probably                    
 divisiveness and asked what she thinks would be a way to resolve              
 the issue that would satisfy the federal government.                          
                                                                               
 MS. SWIGER stated she doesn't envy anybody trying to solve this               
 issue.  She said she doesn't think it will be solved before the               
 federal takeover.  We all have to accept responsibility that this             
 has been an issue coming for a long time and nobody wanted to touch           
 it because of the critical emotional nature of the issue.  It seems           
 her that we are all at fault for not doing that.  Ms. Swiger                  
 explained that from what she understands, Alaska's Congressional              
 delegation has provided a moratorium hoping we would all get                  
 together and work it out.  We haven't until now, a month before the           
 federal takeover of the commercial fishery.  Hopefully, what is now           
 being done it will prove to the federal government that we're                 
 trying to do something and they will instigate another moratorium             
 and we'll promise to continue to rectify this problem.  She said              
 that is the solution she sees.  Ms. Swiger said to get the federal            
 government out of the state is the most important thing we need to            
 work on now and we'll hash out the subsistence rural preference or            
 no rural preference later.                                                    
                                                                               
 REPRESENTATIVE NICHOLIA asked Ms. Swiger if she fishes or hunts.              
                                                                               
 MS. SWIGER indicated she does both.                                           
                                                                               
 REPRESENTATIVE NICHOLIA asked what she fishes and hunts for.                  
                                                                               
 MS. SWIGER pointed out that she is not a commercial fisherman.  She           
 said she fishes for salmon, and she sure would like to get her                
 subsistence sockeye in the freezer.  She noted she hunts for deer             
 and would hunt for moose if she could.                                        
                                                                               
 Number 359                                                                    
                                                                               
 ERIC MUENCH came before the committee to testify.  He informed the            
 members he lives in Ketchikan.  Mr. Muench stated he generally                
 supports the thrust of the task force proposal, but he does have              
 problems with some of it.  He indicated he supports a subsistence             
 amendment to the Alaska Constitution.  He said this a moral issue             
 of fairness and local control of resources and it should have been            
 a part of the Alaska Constitution right from the beginning.  He               
 stated he thinks it probably wasn't because in the 1950s when it              
 was being written, he doubts that there was the ability to foresee            
 the mobility - the ease of getting into the bush like there is now.           
 Mr. Muench stated the need is now.  Alaska needs to address the               
 genuine subsistence concern needs of a significant portion of its             
 people who depend on fish and game and natural crop harvest for               
 most or all of their livelihood.  That is independent of any need             
 to resolve a conflict with federal law.  That need is there too,              
 but the need of fairness and local control is entirely a separate             
 issue that stands on its own.                                                 
                                                                               
 MR. MUENCH said in order to get support, both the amendment and the           
 law language needs to be fair to everyone in the state and should             
 apply only where subsistence is truly needed.  He said he thinks              
 that is the key.  Mr. Muench said he has been in Southeast Alaska             
 for 36 years and he doesn't believe that he knows of any area in              
 Southeast that is truly subsistence dependent.  Even the smallest             
 and most rural areas of Southeast have access to some form of work            
 or income besides subsistence alone.  There is logging, tourism,              
 fishing or something else.  Mr. Muench said it is primarily a                 
 problem in the North and Interior, of which he doesn't know a whole           
 lot about.  He said he doesn't know if there has been problems as             
 far as actual food supplies to families up there or not, but he               
 does believe that we need to have something in our basic state                
 constitution and law that provides for those needs.                           
                                                                               
 MR. MUENCH said he believes there are three principles that would             
 have to be adhered to in order to make it fair and make it apply              
 only where needed.  These would be that the subsistence preference            
 apply only to geographic areas that are truly dependent on fish and           
 game and natural crop harvest to provide the majority of residents            
 with most or all of their livelihood.  Secondly, he thinks                    
 subsistence harvest rights should apply only when that geographic             
 area can sustain subsistence level harvest by all the residents               
 that need it without causing resource depletion.  Mr. Muench said             
 the third thing he believes is subsistence harvest rights must                
 apply to all permanent year-round residence of a subsistence                  
 preference area without regard to individual economic status or to            
 race or to family history.  Mr. Muench said with regard to that, he           
 believes some of the points in the Governor's task force proposal             
 are worth a comment.  The priority statement of community or areas            
 substantially dependent on fish and game for nutritional and other            
 subsistence uses is good.  Mr. Muench said he believes the second             
 point relating to customary and traditional should not apply                  
 because subsistence is primarily an economic issue.  It's an issue            
 of whether the people are able to supply their livelihoods through            
 other economic endeavors besides hunting and fishing.  That will              
 change over time and customary and traditional really has nothing             
 to do with that aspect of it.                                                 
                                                                               
 MR. MUENCH said, "Regarding issue number six, nonrural subsistence,           
 I don't believe that that belongs in this language.  Taking fish              
 and game for educational purposes, proxy hunting by nonrural                  
 residents -- there is nothing wrong with those things as a -- in              
 individual cases, but I don't believe there should be a blanket               
 language allowing those unless there is a special need                        
 demonstrated."                                                                
                                                                               
 MR. MUENCH explained that he believes there should be an emphasis             
 on language in any constitutional amendment and law.  He stated he            
 has a particular problem with language that includes the word                 
 "rural."  It has been really goofed up in the federal                         
 administration of ANILCA subsistence.  Mr. Muench said rural                  
 doesn't mean a whole lot.  Anybody that lives outside of a city or            
 a built up area is rural.  We have rural areas that are                       
 agricultural.  We have rural areas where timber, fishing and other            
 economic activity is very important and they don't have any                   
 subsistence dependence.  He said he thinks the wording "subsistence           
 dependent" rather than "rural" should be used.  Mr. Muench said we            
 have to be careful of the wording "customary" and "traditional,"              
 because the federal government has used those words to create a               
 defacto segregation of subsistence rights by race.  That should not           
 happen under the state's program.                                             
                                                                               
 MR. MUENCH said he does believe that ANILCA is not constitutional             
 under the U.S. Constitution, but he doesn't believe that is an                
 issue we can attack at this moment as a method of preventing                  
 federal takeover.  He said, "I think we have to go the way the                
 Governor's task force has proposed for now."                                  
                                                                               
 MR. MUENCH quoted the Tenth Amendment from the U.S. Constitution.             
 "The powers not delegated to the United States by the constitution            
 nor prohibited by it to the states are reserved to the states                 
 respectively or to the people."  He said there is nothing in the              
 constitution that talks about federal management of fish and game.            
 He indicated he believes that ANILCA as well as other things                  
 Congress has done over the years to centralize power in the federal           
 government is unconstitutional.  He said we should pursue that, but           
 he doesn't think that at this time we can use that as a substitute            
 for amending our own approach to subsistence needs in the state.              
                                                                               
 Number 459                                                                    
                                                                               
 REPRESENTATIVE GREEN said he is a strong believer in state's rights           
 and he thinks we have a government that is far too intrusive.  He             
 referred to Mr. Muench's saying that he doesn't think that the                
 criteria should be based in economics, but rather an area that is             
 dependent on subsistence.  He asked him about people within an area           
 that is considered to be subsistence dependent.  He said what if              
 there is a person that is independently wealthy and lives in an               
 area that is subsistence dependent, by choice.  Would that person,            
 by virtue, have a higher right than someone who lived out of that             
 area?                                                                         
                                                                               
 Number 472                                                                    
                                                                               
 MR. MUENCH explained that his vision is to identify areas of the              
 state that are genuinely dependent on subsistence for the majority            
 of their population to make a living.  He noted that when he speaks           
 of economics, he is not talking only about industrial economics;              
 hunting, fishing and trapping are part of some people's economics.            
 Mr. Muench said he thinks that within the areas that are identified           
 that way, they would have to be picked with a great deal of care              
 and consistent conditions.                                                    
                                                                               
 MR. MUENCH said most of those conditions would be economic in                 
 nature, such as very few job opportunities or very little                     
 transportation availability to jobs outside of the area that people           
 could use and still remain full-time residents of the area.  Once             
 these areas are identified, he doesn't believe that it would be               
 proper to differentiate between residents because then it will                
 almost be made into a welfare program or would introduce a                    
 possibility of differentiating by race or by customary and                    
 traditional language.  He said he doesn't believe that is right.              
 He believes that once the area has been identified, it needs to               
 apply to all full-time year-round residents.  Most of the                     
 subsistence preference people, in his view, would be Alaskan                  
 Natives, and he hasn't got a problem with that.  He said his only             
 problem is with designating a race or a family history as being the           
 only people that would be eligible.                                           
                                                                               
 Number 493                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said, "This is an interesting thing.  I've also            
 had a whole lot of wrestling with this concept of rural because I             
 think that it's pretty nebulous and it could apply unequally in               
 different circumstances.  And your suggestion that we go to                   
 something like a subsistence dependent area or local or something             
 like that where there is few job opportunities -- from my traveling           
 around the state of Alaska, and I've visited many, many villages              
 and larger communities in Alaska.  There are hundreds and maybe               
 even thousands of Alaskans who are stuck in a region because they             
 don't have the wherewithal to, say, pick up and leave.  And a lot             
 of people who come to Alaska come from California or Idaho, like              
 myself or something like that, and when time gets tough and you               
 lose your job they can, you know, often fall back, you know, to               
 where they came from and look for their family dependents.  But               
 many people who were born and raised in the Interior of Alaska and            
 in the small villages, really that's where their network is, and as           
 they've gotten older there just isn't any place else for them to              
 go, nor could they survive any other place except under some sort             
 of welfare scenario.  So, I think that there is, with some good               
 wordsmithing, some sincere understanding between Native/non-Native            
 -- and non-Natives who have been born and raised into rural Alaska,           
 without using the word `rural,' are trying to find some better                
 description, maybe one of the solutions that we have to really work           
 harder on here because I haven't heard it yet.  I appreciate you're           
 leading us into that way of thinking because I think that's                   
 necessary."                                                                   
                                                                               
 Number 513                                                                    
                                                                               
 MR. MUENCH said he hopes that he didn't give the impression that he           
 was suggesting that people should leave these remote areas.  He               
 said he believes people do have a right to live and to remain                 
 living in those areas, and to do it by means of subsistence type              
 activities for a large part of their survival.  He said he thinks             
 that is the need for a subsistence amendment to the constitution.             
                                                                               
 Number 548                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said, "When we talk about need we readily find             
 that some folks, including John and some of the positions taken by            
 AFN, is that they want no reference to need.  But need doesn't                
 necessarily have to mean - it doesn't have to mean `means.'  It may           
 mean, you know, desire to live in a certain area that has no other            
 major job opportunities or economic opportunities for these people.           
 So, I think that, you know, we've got to be careful here that we              
 are - we throw away the opportunity to expand the search for the              
 right definitions and it may not be need, but it may be need.  Do             
 you hear what I'm saying?  It depends on whose terminology you're             
 using."                                                                       
                                                                               
 REPRESENTATIVE GREEN said, "Eric, you heard K. A. indicate that               
 there is a need perhaps that if we could get some sort of a                   
 moratorium that we're really now focusing, a opposed to the prior             
 18 or whatever -- some as many as 30 years that we've kind of just            
 ignored this problem -- and maybe because it hasn't been a major              
 problem.  A lot of people have testified today that `well, what's             
 the problem?  Things are going alright.'  Do you feel that you                
 share her concern or her feeling that if we were somehow granted a            
 moratorium that we could reconcile the various differences that               
 we've heard today?"                                                           
                                                                               
 MR. MUENCH said he has been concerned over the last few years that            
 we, as Alaskans, have not done more to solve the problem.  He said            
 he thinks that the Governor's task force has gone a long ways                 
 towards starting that process.  He said getting the federal                   
 government in here will create kayos and disaster all around.  Mr.            
 Muench said he thinks a moratorium would be in order if our                   
 Congressional delegation can swing it.  He said he thinks we could            
 then solve that problem.  Mr. Muench stated he does believe that a            
 majority of Alaskans would support a solution that they saw as fair           
 and one that would apply only where needed.  He thinks there                  
 probably wouldn't be support for the type of subsistence management           
 that we have seen under the federal ANILCA administration.                    
                                                                               
 Number 550                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA said, "I would hope that we would not give            
 the public the understanding that there will be a moratorium,                 
 especially since we had Senator Stevens tell us right to our face             
 that there would be no moratorium and that he wants to see a                  
 solution acted on by the legislature, and that he said when he                
 spoke to us in our chambers during our session that there would be            
 no moratorium."                                                               
                                                                               
 Number 560                                                                    
                                                                               
 GEORGE GARDNER, Member, Ketchikan Indian Corporation, came before             
 the committee to give his testimony.  He informed the members he is           
 on the IRA Council which consists of 3,700 members, and he is also            
 the chairman of the Subsistence Committee.  He told the committee             
 members he was born and raised in Craig and is 66 years old.  He              
 stated he lived on subsistence in his early days and still does               
 today.  At the IRA Council meeting on August 27, 1997, they gave              
 the Subsistence Committee authorization to draft a position                   
 statement which he is submitting at this time.  He continued to               
 read the position statement into the record:                                  
                                                                               
 "The Ketchikan Indian Corporation Tribal Council, at its regular              
 meeting, August 27, 1997, unanimously opposed Governor Knowles'               
 subsistence task force recommendations.  The following is the                 
 support document and reference and rational:  1) Subsistence is a             
 priority system only when resources are depleted to the point where           
 the priority system `kicks in.' 2) Subsistence users historically             
 use approximately 1 percent of the resources. 3) Subsistence users            
 historically take only what they can use. 4) Alaskan Natives has              
 historically depended on subsistence resources for a means of                 
 culture, economics and survival. 5) ANILCA, Title VIII, attempts to           
 recognize that Alaska historically depends on subsistence. 6) The             
 state of Alaska has historically tried to take away subsistence               
 from the Alaska Natives. 7) Alaska Natives have historically been             
 challenged to give up more and more subsistence to the point where            
 they/we can give up no more! 8) Governor Knowles' subsistence task            
 force is yet one more attempt to take away subsistence from Alaska            
 Natives.                                                                      
                                                                               
 "The Ketchikan Indian Corporation Tribal Council strongly supports            
 the state of Alaska Constitutional amendments to comply with ANILCA           
 Title VIII and absolutely no amendment to ANILCA."                            
                                                                               
 MR. GARDNER said he would like to adopt the testimony of John                 
 Borbridge's testimony of September 12, and noted the council also             
 endorses that adoption.                                                       
                                                                               
 Number 592                                                                    
                                                                               
 CO-CHAIRMAN HUDSON indicated the committee has heard from everybody           
 that signed up to testify.  He said the committee would continue to           
 take testimony from people who are on-line after lunch.                       
                                                                               
 The House Resources Committee recessed at 12:20 p.m.                          
                                                                               
 TAPE 97-62, SIDE A                                                            
 Number 001                                                                    
                                                                               
 CO-CHAIRMAN HUDSON called the House Resources Committee meeting               
 back to order at 1:40 p.m.                                                    
                                                                               
 Number 027                                                                    
                                                                               
 LOREN CROXTON testified via teleconference from Petersburg.  Mr.              
 Croxton informed the committee members that he has lived in Alaska            
 for about 39 years and in Petersburg since 1980.  He indicated he'd           
 been from the North Slope all the way to Ketchikan.  Mr. Croxton              
 said he thinks there is no question that we find an acceptable                
 solution to the issue of subsistence.  By bowing to the high-handed           
 and, as he believes, the illegal action of the federal government             
 in usurping                                                                   
 our state right to manage our own fish and game resources, a right            
 granted to us by the statehood compact, is wrong.  He said he                 
 thinks it is ridicules that anyone would seriously consider                   
 amending our constitution when legal actions against this and other           
 provisions of ANILCA are still pending in the courts.  Our time,              
 efforts and money could be better expended doing everything within            
 our power to expedite these issues through the courts.  Mr. Croxton           
 said there must be something the legislature and Administration can           
 do to hurry these issues along.  He said he would strongly                    
 recommend that amending the constitution be considered only as a              
 last resort.  It should be seriously considered only after all                
 other avenues have been exhausted.                                            
                                                                               
 MR. CROXTON referred to a September 2, 1997, letter written by                
 Representative Beverly Masek to the editor of the Anchorage Daily             
 News.  He said it puts the issue of subsistence in a much better              
 perspective than he ever could.  Mr. Croxton quoted from the                  
 letter, "Growing up in Anvik, my family truly depended on wildlife            
 resources for our daily subsistence.  Many villages are still                 
 living under similar conditions today.  I can't think of anyone               
 I've spoken to who is opposed to these villagers [having] the                 
 opportunity to feed themselves and their families.  Therein lies              
 the true solution to the problem surrounding subsistence in Alaska            
 today.  Working the equal rights provision out of our constitution,           
 providing for a permanent privileged class, goes against everything           
 America stands for.  Alaskans deserve a solution based on the                 
 principle that all people be treated equal."                                  
                                                                               
 MR. CROXTON informed the committee the Representative Masek further           
 wrote, "I have great doubts that the proposal, as written, would              
 truly return management to the state without unwanted federal                 
 interference."  He urged committee members to read the letter, as             
 he believes Representative Masek has an insight to this issue that            
 most Alaskans would agree with.  He stated he further believes that           
 the Supreme Court would support these views.  There are really only           
 three courses of action.  One is to amend the constitution.  Mr.              
 Croxton said at every opportunity, especially at election time, our           
 Congressional delegation reminds us of how much power they have in            
 Washington, D.C., but on this issue they are reluctant to say                 
 anything.  He stated there is only one other alternative and that             
 is to go through the courts.  Mr. Croxton said a state can file               
 directly into the U.S. Supreme Court, bypassing the lower court               
 system.  He stated he believes that is the best course of action              
 that Alaska can take.                                                         
                                                                               
 Number 072                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said, "I understand your views on the                      
 constitution, but the thing that I feel really strong about and               
 concerned about is the need to avoid a federal and multi-layered              
 management scheme.  What's your views on that?"                               
                                                                               
 MR. CROXTON indicated he agrees with Co-Chairman Hudson 100                   
 percent.  He explained he was in Alaska just prior to statehood,              
 and that was when the federal government managed all of our                   
 fisheries.  The last year under the federal government, we                    
 harvested about 23 million fish.  Under state management, we are              
 now harvesting something in the neighborhood of 200 million.  He              
 indicated the federal government has bungled just about every                 
 management program they have ever stuck their fingers in.  He said            
 he is saying that even though he did work for the federal                     
 government at one time.  Mr. Croxton said he believes we should do            
 everything we can to get total state management back from the                 
 federal government.                                                           
                                                                               
 Number 125                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said the committee is searching for good minds             
 seeking solutions that return state management and takes care of              
 those people who have a real need.  He indicated when the committee           
 was in Bethel, they heard from people who don't have jobs, don't a            
 cash income or there are limited places to buy from and they depend           
 upon the taking, processing, preserving and use of wild natural               
 resources, whether it is in the rivers or on the land.  Co-Chairman           
 Hudson said he believes Mr. Croxton is right in that most Alaskans            
 want to make certain that they have what they need and that the               
 state take over this management.  He indicated the committee                  
 members would welcome any ideas in writing.                                   
                                                                               
 MR. CROXTON explained that in about 1986, the legislature did pass            
 a subsistence statute which he thinks is fair.  He said he believes           
 it is very close to what everybody could agree on, but the only               
 problem is that it doesn't comply with ANILCA.  It defines                    
 "subsistence" as sustenance.  It would be applied very selectively            
 to those individuals who truly needed it.  It set up another                  
 category of personal use for the rest of use who traditionally use            
 the resources.  It would take of those people who truly need the              
 resource.  He noted he would send the committee more information.             
                                                                               
 Number 203                                                                    
                                                                               
 WALT SHERIDAN testified via teleconference from Juneau.  He noted             
 he is a board member of the Alaska Outdoor Council, but will be               
 testifying on his own behalf.  He said in his view there are two              
 basic elements to the subsistence question.  One element is                   
 economics, and it is about quantity.  One element is                          
 cultural/traditional, and it is about value.  Any of us who have              
 had the privilege of traveling to rural areas of Alaska know that             
 there are isolated villages where subsistence is clearly the                  
 economic driver of the communities economy.  In these situations              
 with few jobs and limited access to the cash economy, quantity of             
 subsistence resources is important.  Mr. Sheridan said in these               
 limited situations, he supports an individual preference in times             
 of scarcity.                                                                  
                                                                               
 MR. SHERIDAN referred to the second element of subsistence,                   
 `cultural/traditional,' and said cultural/traditional is not about            
 quantity.  It is about value.  As his Alaskan Native friends have             
 so eloquently stated, "The cultural/traditional aspect of                     
 subsistence is about passing the values of respect for the land and           
 its creatures on to the next generation."  These important values,            
 however, are not the sole property of any particular racial or                
 ethnic group, nor do these values have any relationship to whether            
 you are rural or urban Alaskans.  He said he too shares these                 
 values as he learned them from his grandfather, grandmother and               
 other family members.  Mr. Sheridan stated he is also pleased to              
 say he was able to pass these values on to his children and he                
 looks forward to the opportunity of doing the same with his                   
 grandchildren.  The harvesting of fish and game and other renewable           
 resources is an important part of teaching the values of respect              
 for the land and its resources.  Preferential access to those                 
 resources, however, is not required.  (Indisc.) what is required is           
 reasonable access to resources and a personal commitment to passing           
 the values on to future generations.                                          
                                                                               
 MR. SHERIDAN said he would talk about the role of Native-owned                
 lands in this debate.  The Alaska Native Claims Settlement Act                
 conveyed some forty million acres of land to the Alaska Natives.              
 There were two principle purposes for these conveyances.  One was             
 to provide Alaskan Natives with a resource base in economic                   
 development.  The other was in recognition of subsistence needs of            
 Alaskan Natives.  He stated that forty million acres is a lot of              
 land; it is over sixty-two thousand square miles.  On ANCSA land,             
 Alaska Natives can grant, and in many cases are granting, exclusive           
 use of these lands to their members, as appropriate.  Subsistence             
 is one of the principal purposes for the conveyance.  However, it             
 is also appropriate to recognize the role these lands play in                 
 helping to resolve the current subsistence dilemma.  Mr. Sheridan             
 said he thinks that is an element that has not so far entered into            
 the discussions and debate.  He thanked the committee for the                 
 opportunity to testify.                                                       
                                                                               
 Number 255                                                                    
                                                                               
 HELEN DRURY was next to testify via teleconference from Sitka.  She           
 stated she is a retired nutritionist from the Indian Health                   
 Service.  She informed the committee members she worked at the Mt.            
 Edgecumbe Native Hospital as a community nutritionist for ten                 
 years, from 1975 to 1985.  Ms. Drury indicated she currently                  
 volunteers her help to the chief dietitian at the Mt. Edgecumbe               
 Hospital.  She said a nutrient analysis done while she was working,           
 an analysis of 20 commonly used Native foods, showed the foods to             
 be very nutritious.  When the Natives eat these foods, it is not              
 merely a way to satisfy hunger.  It also has religious, spiritual             
 and cultural significance, which White people have a hard time                
 understanding.  Elders who have used a diet largely of Native foods           
 seem to live longer and more vigorously.                                      
                                                                               
 MS. DRURY said she sometimes hears criticisms these days of the               
 large amounts of money spent by the Indian Health Service on health           
 problems among the Natives.  This funding is spent because the                
 people have such a difficult time getting many of their foods these           
 days.  She noted she has heard repeatedly, during the years she was           
 working, how White people would come in and virtually wipe a beach            
 clean of some of the foods that they depended on for their everyday           
 foods.                                                                        
                                                                               
 MS. DRURY explained that today, with severe cutbacks by Congress              
 and the legislature, small communities will be severely hurt in               
 that their local food usage must be limited.  Food brought in by              
 ferry, barge or air is mighty expensive, especially when it's done            
 as a second delivery service from cities such as Juneau, Sitka and            
 other towns.  Their cost of electricity is exorbitant.                        
                                                                               
 MS. DRURY said she would remind legislators and others that from              
 the day the first White person arrived on the shores of North                 
 America, we have literally taken over the food supply of every                
 Indian tribe across the continent.  How self-righteous we are when            
 we criticize the human rights records of other countries.  Let's              
 improve our own records.  This could be one time when we do the               
 right thing.  She stated Natives, especially in rural areas, are              
 entitled to their own local wild food.  Let's not make what is                
 clearly an aboriginal right just another handout from the White               
 man.                                                                          
                                                                               
 Number 300                                                                    
                                                                               
 REPRESENTATIVE DYSON said, "I'm not familiar with any examples here           
 in Alaska where - particularly in the non-Southeastern part - where           
 the wild food supply has been wiped out for the aboriginal people.            
 Can you help me?"                                                             
                                                                               
 MS. DRURY indicated she first heard this in Metlakatla.  She                  
 explained that many years ago, an elderly lady was telling her                
 about the large numbers of people that came in with the U.S. Coast            
 Guard, taking so many of their things.  Ms. Drury said maybe she              
 got carried away by saying "wiped out," but they were severely                
 impacted.  She said in Hydaburg, you'll hear a story about how                
 divers have wiped out abalone.  She said she remembers hearing                
 stories from people in other villages talking about the fact that             
 such large amounts were being taken by White people.                          
                                                                               
 Number 318                                                                    
                                                                               
 DONALD MacDONALD testified from Pelican via teleconference.  He               
 said he has heard a lot of comments.  He said he has lived in                 
 Alaska all of his life and his family has been here for about five            
 generations.  Mr. MacDonald informed the committee he was formally            
 a federal fish and wildlife agent during the territorial days, so             
 he has had some experience with the federal enforcement of fish and           
 wildlife and other laws.  He stated at that time, he can't recall             
 a single case where they ever restricted anybody on the subsistence           
 issue.  Their main focus was on fisheries and, to some extent, on             
 hunting.  As far as other subsistence elements or concerns, such as           
 berry picking, harvesting of kelp and herring eggs and other                  
 things, there was no absolutely no enforcement applied there                  
 whatsoever that he can recall.                                                
                                                                               
 MR. MacDONALD said the Natives have the Alaska Native Claims                  
 Settlement Act, which was supposed to lay to rest many of these               
 issues, and yet they are claiming additional privileges on                    
 subsistence over and above what they've already been granted.  That           
 seems to be the basis of a lot of the dissension.  Mr. MacDonald              
 said he can appreciate the Natives in Interior Alaska having to               
 rely more heavily on subsistence gathering, hunting and fishing               
 than people do in Southeast Alaska.  He said he doesn't see where             
 they have ever been restricted in that regard, to the extent that             
 the harvesting, under existing laws, hasn't provided them with the            
 subsistence they need.  Mr. MacDonald informed committee members              
 that under federal law, fish traps and other things were legal.  He           
 questioned whether those kinds of things are still legal.  Are we             
 going to see the return of fish traps and other federal laws that             
 existed in the past?  Mr. MacDonald questioned what the federal               
 laws are that will be enforced as of October 1, and who will                  
 enforce them.                                                                 
                                                                               
 Number 377                                                                    
                                                                               
 PAT GARDNER testified via teleconference from Craig.  He informed             
 the committee he was born in a territorial hospital in 1938.  He              
 has seen a lot of changes, good and bad.  Mr. Gardner referred to             
 abalone and said if you don't have scuba diving equipment, you                
 can't get them anymore, as they are almost completely wiped out.              
 He said when he was growing up, he was raised on coho salmon.  When           
 the coho trolling prices went up, the Native people were forced to            
 quit fishing cohos and go to sockeye salmon.  He noted he currently           
 commercial fishes and goes out and gets his coho salmon, as he                
 doesn't like sockeye much.  Mr. Gardner referred to subsistence               
 bartering and trading and said they just bartered and traded with             
 other Native groups as far as Seattle.  Now just to deal with the             
 people or try to barter and trade with Canada is something else               
 when you deal with the government.  He said he watched abalone                
 disappear, so he isn't that excited about the state of Alaska                 
 taking over.  Mr. Gardner referred to sea cucumbers and said he               
 doesn't think there has been any studies done, as the Alaska                  
 legislature doesn't give the state departments enough money.  The             
 federal government seems to have too much money, so maybe they can            
 run things better that the state of Alaska can.  He again indicated           
 concern with what will happen to bartering and trading.  Mr.                  
 Gardner said there is nothing to lose by the federal government               
 taking over.                                                                  
                                                                               
 Number 407                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said Mr. Gardner indicated there was bartering             
 and trading in the past.  He asked Mr. Gardner what he did that               
 constituted bartering or trading.                                             
                                                                               
 MR. GARDNER said they used to trade with the Canadians, as they had           
 argillite and hooligan grease which the Native Alaskans like.  He             
 indicated he is now paying $60 a quart for hooligan grease.  Mr.              
 Gardner said they used to trade fish eggs or furs.  He discussed              
 how he traded fish eggs with the Natives in Washington.  Mr.                  
 Gardner said there is a lot of paperwork to fill out if they want             
 to shoot a deer for a potluck or to pick up eagle feathers, and it            
 almost isn't worth it.  He indicated he used to trade fish eggs on            
 kelp for hooligan with Canada, but now he has to buy it.                      
                                                                               
 Number 445                                                                    
                                                                               
 TOM SKEEK, JR., testified via teleconference from Kake.  He said he           
 has been listening to the testimony regarding the tribal and                  
 customary uses of streams and land.  He informed the committee that           
 earlier in the spring, he and his son were cited for snagging a               
 steelhead out of a stream.  They ended up in court for three months           
 over one fish, and they didn't even get to take it home.  They lost           
 the case and ended up paying a fine.  Mr. Skeek said he lives a               
 subsistence lifestyle starting with clams, then seaweed, then to              
 herring eggs.  From herring eggs to they go to sockeyes, then to              
 dog salmon and pink salmon.  He said this goes on year-round and              
 not just during the spring and summer.  One season feeds the other            
 season.  He said he is unemployed and the situation he was brought            
 under in the spring set him back more than he was in the past.  It            
 was also very time-consuming.  Mr. Skeek said he would like to see            
 the government focus on tribal and customary uses, and he noted               
 that the tools are very important.                                            
                                                                               
 Number 474                                                                    
                                                                               
 MIKE A. JACKSON testified via teleconference from Kake.  He                   
 informed the committee members he is a trust officer for the                  
 organized village of Kake and the IRA.  Part of his job is to look            
 at customary and traditional gathering and the effects of resource            
 extraction on the customary and traditional users in Kake.  Mr.               
 Jackson said Mr. Skeek spoke of a problem that the people in rural            
 areas have with regard to the regulations pertaining to the                   
 Department of Fish and Game.  Sometimes they don't come to Kake,              
 and when they do see them, it is when the troopers are hiding                 
 behind a bush to try to entrap people who are practicing their                
 customary and traditional gathering.  He said, "Since the state is            
 having this kind of hearing, maybe from what I heard all morning              
 and part of this afternoon is that some of you that do not know               
 your local people that are here in the community of the great state           
 of Alaska, maybe you'll start understanding that there are tribes             
 in the state.  We are completely different from European dwellers             
 that go down to your local Fred Meyer or your Safeway store to                
 gather your food.  And we don't sport fish in any way or sport hunt           
 in any way, to put a trophy on our wall or to try to enjoy what the           
 bounty of Alaska is.  You'll never see a trophy on the rural or               
 tribal member's wall.  You might see a picture of a catch that we             
 have distributed among our family and our elders, we share it with            
 them, but you'll never see a trophy on the wall of rural people."             
                                                                               
 MR. JACKSON referred to testimony from a Ketchikan testifier that             
 stressed properly managed fish and game will not have the issue of            
 subsistence, unless there are some underlying issues such as the              
 Venetie or Katie John cases that are going before the Supreme                 
 Court.  He said he agrees with Mr. Borbridge's testimony in its               
 entirety.  Mr. Jackson said he would also like to adopt Helen                 
 Drury's testimony about the impacts of Western civilization on the            
 communities and traditional villages in Southeast Alaska.                     
                                                                               
 MR. JACKSON said, "All the Native people that you heard probably in           
 the Bethel area -- because I know there even exists more of a                 
 subsistence way of lifestyle or customary/traditional way than most           
 people do it here in the state.  And our ancestors have taught us             
 that we are part of the land.  We are not separate from it like               
 some scientists would like to convey upon - some the studies that             
 they do of us or the resources here in the state of Alaska.  So,              
 whatever affects our resources like the habitat affects us directly           
 like the exportation and the parts of the U.S. Forest Service on              
 public lands -- the habitat for our deer and how it affects the               
 salmon."                                                                      
                                                                               
 MR. JACKSON said he believes the issue of co-management, such as              
 the sea otters, whales, walrus or the different types of seals, are           
 great examples of how co-management can work by involving the rural           
 villages and the Alaska aboriginal Natives.                                   
                                                                               
 MR. JACKSON referred to "what you people call `equal treatment for            
 all state residents'" and testimony that day.  He indicated there             
 are taxes on the sales of accessories such as guns, ammunition,               
 fuel, rods, reels, and so forth, which go to the Department of Fish           
 and Game.  He stated, "And if you look at it, all that tax goes to            
 the Division of Sport Fish and game, and nothing goes to the                  
 Division of Subsistence.  Is that equal treatment or is some other            
 issue at hand in that regard of the use of that kind of resources,            
 especially on these tight budgets that we're having handed down to            
 us?  And I question:  Is that equal treatment?"                               
                                                                               
 MR. JACKSON continued, "Now there is another issue here, the debate           
 of customary/traditional use of fish and game fauna, and that is              
 usually referred to as subsistence.  The Natives in studies that              
 have shown - I think Mr. Demmert has in Ketchikan there - that we             
 only take about 1 to 2 percent of the resources, where 95 percent             
 of the resource of salmon have been granted to limited entry, or              
 IFQs that have been granted for the halibut fishery, or the limited           
 entry crab fishery, or the limited entry on herring fishing.  The             
 possible annihilation of the basic use of the food chain,                     
 especially on herring, affects all the users of the ocean, land,              
 sea and air - especially the whales and especially the state of               
 Alaska, especially the people around Sitka and Craig and Klawock              
 that have the last existing great runs of aboriginal herring runs.            
 And also not to miss the limited entry of sable fish here in the              
 Chatham Strait fishery.  Is that legal or equal treatment?"                   
                                                                               
 MR. JACKSON continued, "Now, how does the state and federal                   
 government give priorities to larger towns here in the communities            
 of Southeast Alaska of hydroelectric power, that gives them cheaper           
 power to create jobs and process resources to the finished export             
 product, whereas the communities have to beg for electrical                   
 subsidies from the state that will be disappearing within a year or           
 two?  Where does the resources come from?  It comes from the rural            
 areas that are affected by these resource extractions and so are              
 the most affected by it.  So, what is there?  Where is the equal              
 treatment?  So, that answers my question on equal treatment.  And             
 is there the state government and equal treatment -- does it sound            
 familiar to the old phrase of the term `forked tongue' that                   
 Hollywood likes to promote?"                                                  
                                                                               
 MR. JACKSON continued, "Now, if the state government does not                 
 recognize tribes as the federal government does, is there any                 
 question who Alaska aboriginal Natives would prefer to manage the             
 fish and game?  Because we've worked very well underneath the                 
 federal fish and wildlife to create a co-management for those                 
 marine mammals, as I stated, and it works great.  The federal                 
 Advisory Subsistence Board and how it comes up with positive input            
 from the aboriginal Native people and the excellent results of                
 management of the different resources - that works great."                    
                                                                               
 MR. JACKSON referred to there being someone who referenced Alaska             
 Native Land Claims lands that were big enough for people to subsist           
 on, and he said they did not just subsist on their 23,040 acres of            
 Kake tribal land.  They subsist pretty much all over Admiralty                
 Island, Kuiu Island, Kupreanoff Island and the mainland.  He said             
 that 23,040 acres really does not compare to where they usually do            
 their customary/traditional gathering.  They still barter and trade           
 seaweed, dry fish, deer, seal grease and other things.  Mr. Jackson           
 said the state would like to turn them into criminals when they               
 like to share those things with other people because they do not              
 meet the Food and Drug Administration processes.  The Native                  
 processes of the raw goods have been practiced for thousands of               
 years, and it never killed one of them.                                       
                                                                               
 MR. JACKSON stated that they are prosecuted by the state troopers,            
 who hide behind stumps to entrap people that are fishing their                
 customary/traditional use in the streams around Kake.  Subsistence            
 is their spiritual, cultural and socioeconomic use of the resources           
 around them.  It is a respect for all those resources.  He thanked            
 Representatives Nicholia and Joule for keeping a balance of the               
 rural aspect of the hearing.                                                  
                                                                               
 Number 576                                                                    
                                                                               
 SAMUEL JACKSON testified via teleconference from Kake.  He noted he           
 is the president of the organized village of Kake which is a                  
 federally recognized tribe and consists of over 600 members.  Mr.             
 Jackson said he grew up in Kake and has lived there all of his                
 life.  He comes from a subsistence background that has been passed            
 on to him from neighbors and relatives, some of whom are no longer            
 with us and can't speak on their own behalf.  Mr. Jackson said they           
 don't like to use the word "subsistence," but that is what has been           
 given to them; therefore, they use that word.                                 
                                                                               
 MR. JACKSON said the basis of subsistence cannot depend on the                
 economics of a person.  It needs to based on their inherent right             
 to the resources that they have hunted and gathered throughout                
 their lives and the last 10,000 years that their people have been             
 on the land.  The customary and traditional usage also allows them            
 to have cultural and spiritual ties to the land.  That is also one            
 aspect that is very important to them.  The resources are harvested           
 yearly and they start at the beginning of the year and harvest                
 continually until they bring in the last clams before New Years.              
 He said, "We harvest those resources not individually, but we                 
 harvest them also to give to others who cannot, because of their              
 conditions - economics - go out and harvest them themselves."                 
                                                                               
 MR. JACKSON referred to a constitutional amendment to the state               
 constitution and said they feel a rural preference should remain.             
 They do not support any amendments to ANILCA.  He referred to the             
 federal management takeover of October 1, and he said they have               
 worked with the federal government on co-management of certain                
 resources such as the sea otters and seals.  That has worked for              
 the people.  They do support co-management of those resources                 
 because they want a voice when it comes to making management                  
 decisions of things they have harvested for thousands of years.               
 Subsistence resources used by the rural residents of the state                
 amount to no more than 1 percent....                                          
                                                                               
 TAPE 97-62, SIDE B                                                            
 Number 001                                                                    
                                                                               
 MR. JACKSON thanked the committee for listening to him.                       
                                                                               
 Number 017                                                                    
                                                                               
 JOSEPHINE PAUL testified via teleconference from Kake.  She                   
 informed the committee members she has been in Kake for 76 years              
 and lives on subsistence.  She indicated she has grandchildren.               
 Ms. Paul said if the government makes laws against gathering                  
 subsistence food, she'll still go out and get her food.  Ms. Paul             
 referred to the food that people brought up from "down South" and             
 said she can't eat it, can't tolerate it and can't live on it.  She           
 said the issue of subsistence has been around for many years and it           
 makes her mad just to hear the word.  Subsistence is their                    
 livelihood, and that is what most of their children were raised on.           
 She indicated it is hard to live on Social Security, and the                  
 government always wants to stop giving her the money they're                  
 currently giving her, they're always threatening to take money away           
 from them.  She asked that they just be able to live their lives in           
 peace.  Ms. Paul mentioned that her father told her brother, when             
 he was a child, that you don't kill what you're not going to eat.             
 One day her brother shot a sea gull with a slingshot.  Her father             
 made her bother skin and eat the sea gull.  Ms. Paul said she hears           
 where people go out and shoot deer and other animals and leave                
 them.  She said she is sure it isn't her people because they use              
 the whole deer, including the head, as they make head cheese with             
 it.  She indicated she hates always being threatened regarding                
 subsistence food.  Ms. Paul thanked the committee for listening to            
 her.                                                                          
                                                                               
 Number 116                                                                    
                                                                               
 KATHY HAWK was next to testify via teleconference from Kake.  She             
 said she is a concerned Native parent and is also a former                    
 subsistence surveyor for the village of Kake.  Ms. Hawk stated, "I            
 think that using word `subsistence' has removed an emotional                  
 responsibility on you, because every time we use the word                     
 `subsistence,' it removes the thought that this is our traditional            
 culture that we live by.  It's foods that help us to not only                 
 survive by, but it helps us to understand who we are when we use              
 these Native-culture foods."                                                  
                                                                               
 MS. HAWK continued, "I think that if we remove the term                       
 `subsistence' and go with `tribal/cultural Native foods,' it helps            
 you to have an emotional responsibility that you are not going to             
 remove our culture from us totally.  As a Native parent, I have to            
 be concerned that my children are going to be limited in the                  
 future, not only my children now, but my grandchildren.  I have to            
 be concerned that the community here -- the subsistence that you're           
 taking away from us our cultural foods - is going to be dissipated            
 throughout the generations.  And I think that as a responsible                
 parent I need to speak up and say, `I am concerned.'  Whether I               
 have a point of view that would be usable for you to help you to              
 understand our concerns as Native people or not, I still have to              
 speak up and say, `I'm still here, I still matter because I'm going           
 to speak up.'"                                                                
                                                                               
 MS. HAWK referred to being the a former subsistence surveyor in her           
 community and said she had the opportunity to survey 75 different             
 households.  When she was conducting the survey, a lot of the                 
 people were afraid to tell her how much they had taken of the                 
 cultural foods that they use, only because they were afraid they              
 were going to get in trouble for what they had taken.  Ms. Hawk               
 explained to them that the information they gave her was highly               
 confidential and that the Department of Fish and Game wasn't going            
 to use the information she gathered against the people.                       
                                                                               
 MS. HAWK said when she finally convinced many of the people that              
 the information wasn't going to be used against them, a lot of them           
 said they had taken two or three more fish than they should have              
 because they put up a little more for funerals, potlucks and for              
 people who aren't able to come to the village when the gathering              
 takes place and they want to share with them.  There wasn't an                
 abuse of the cultural foods that are gathered.  She said she didn't           
 see anyone who went out of their way to exploit the cultural foods            
 that are gathered.  Ms. Hawk referred to the whole issue of                   
 subsistence and suggested that members keep in mind that it is the            
 way they live and the way they are.  It is more than important to             
 them that their children know that when they put this food in their           
 bodies.  It is who they are.  It's the way they were raised, and              
 it's the way they hope their grandchildren are raised.                        
                                                                               
 Number 191                                                                    
                                                                               
 DENNIS WATSON, Mayor, City of Craig, testified via teleconference             
 from Craig.  He informed the committee members there was a Craig              
 City Council meeting the previous night regarding subsistence.  The           
 council has always been of the mind that the ability to hunt, fish,           
 collect berries and other things should be protected.  He said they           
 have always been a supporter of subsistence, but they have watched            
 in recent years as this issue has grown more political and                    
 emotional, and felt that people are losing sight of what this was             
 all about in the beginning.  There is more of a political agenda              
 behind it now.                                                                
                                                                               
 MR. WATSON said the council believes that subsistence is a good               
 thing, but they do not believe that encroachment of the federal               
 government and state regulation is a good thing.  They would like             
 to see the issue resolved where the ability to hunt, fish and                 
 collect berries, et cetera, should be protected in some way.  Also,           
 the rights of the rest of the people in Alaska should be looked out           
 for.  He said they hope some sort of middle ground is found, so               
 that we can get back to taking care of the other problems we have             
 around the state, which seem to be compounding as we speak.  Mr.              
 Watson said he is hoping that we can eventually resolve this issue,           
 at least to the satisfaction of most people.  He thanked the                  
 committee for letting him speak.                                              
                                                                               
 Number 225                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he thinks even people who might normally be           
 termed on the extreme pro-equal rights aspects of the issue do want           
 the availability of subsistence foods and other resources to be               
 made available and very strongly do not want the federal government           
 encroached into the management or multiple management schemes,                
 particularly with our salmon and other migratory herds and stocks.            
 He said he totally agrees with Mr. Watson in that we have to solve            
 this as soon as possible and it is holding us away from really                
 resolving what our real future is.  He stated he would hope Mr.               
 Watson, the city council and other people have had a chance to look           
 over the proposal from the Governor's task force.  At least it is             
 a bold effort to try to document some of salient points - the three           
 separate fixes, the interconnecting networking between one and the            
 other, and the ultimate reliant on the public vote or the public              
 say as to whether or not they can accept one or more of these                 
 elements.  He asked Mr. Watson if his people has had an opportunity           
 to review the current draft of the Governor's task force                      
 recommendations.                                                              
                                                                               
 Number 257                                                                    
                                                                               
 MR. WATSON indicated they have received copies of the                         
 recommendations.  He referred to those recommendations, plus some             
 of the stances taken on both extreme sides of this issue, and said            
 he believes they can find good and fault in all of them.  He said             
 he does hope that this does go to a vote of the people.  Regardless           
 of the outcome of that, he believes our federal delegation has made           
 it fairly clear that they need this signal to decide where they're            
 going to go.  Mr. Watson said he believes the state needs it.                 
 There has been an awful lot of rhetoric on all sides of this and he           
 thinks the question needs to be put on the ballot.  He indicated he           
 does find a lot of good things in some of the proposals.  Mr.                 
 Watson said having been involved in this issue for so long, maybe             
 he is cynical, and he is sorry to say that.  He said he hopes that            
 the people who are working on the issue won't get cynical.  Mr.               
 Watson urged the issue be put in front of the people.                         
                                                                               
 Number 278                                                                    
                                                                               
 REPRESENTATIVE GREEN said, "We're embroiled in this concern about             
 1 or 2 percent of the total resource - we've heard various numbers,           
 and yet far far more of that goes through limited entry or the                
 permitting process to fisher people outside who are nonresidents.             
 Now we've already checked into the problem of restraint of trade if           
 we try and limit the harvesting to just in-state residents, but if            
 something like that -- since this is so emotional and since the               
 federal government has gotten so heavily involved in this, if there           
 were some way to eat into that nonresident take, which would                  
 certainly provide far more than whatever, even in times of shortage           
 for the subsistence issue, do you think that there could be a                 
 possible enlistment of the Native culture to help in this pursuit?            
                                                                               
 Number 296                                                                    
                                                                               
 MR. WATSON indicated that is a complicated question.  He said                 
 having been a commercial fisher for 25 years, he knows quite a bit            
 about this.  He said he has often wondered that if there was a way,           
 in some way without being unfair to people that were already vested           
 into limited entry, that if as they get out, that there may be some           
 way that the state could recoup the ability to use that resource              
 and maybe spread it out a little bit more within the state.  Mr.              
 Watson said it is very hypothetical, and he doesn't know how to go            
 about doing it without having all kinds of constitutional red                 
 flags.  He stated he would certainly like to look at some kind of             
 proposal that had something like that on it.  We do watch an awful            
 lot of the resources go outside Alaska.  There is an awful lot of             
 people who really aren't concerned with our state or what happens             
 here who are getting some of the larger benefits of our resources.            
 He said they would have so see something on paper to see if it                
 actually possible.                                                            
                                                                               
 Number 316                                                                    
                                                                               
 MR. AMBROSE asked Mr. Watson if he had the chance to listen to all            
 the testimony that was given earlier in the day.                              
                                                                               
 MR. WATSON said he didn't have that chance to listen to all of it.            
                                                                               
 MR. AMBROSE said he understands that the Craig city council did               
 discuss the issue the previous evening.                                       
                                                                               
 MR. WATSON said they actually had Dave Johnson from the Forest                
 Service in attendance.  He noted Mr. Johnson is a part of the                 
 federal Subsistence Board.  Mr. Johnson explained where things are            
 at and how the Forest Service feels about some of the things going            
 on right now.                                                                 
                                                                               
 MR. AMBROSE said the reason he asked is it seems to him that the              
 first consensus that needs to be reached in this dialogue as a                
 state is a definition of "subsistence."  He noted during lunch, he            
 found out that there are three different ideas at the table.  If we           
 don't define what it is we're talking about, he doesn't know how a            
 solution can be reached.  He asked Mr. Watson whether at the                  
 meeting there were different understandings regarding the meaning             
 of subsistence.                                                               
                                                                               
 Number 340                                                                    
                                                                               
 MR. WATSON said that is an issue that has come up more than once.             
 He stated that he doesn't have a good answer for the question.  He            
 referred to a number of years ago when the issue of rural                     
 preference was on the ballot; he'd supported the concept.  He said            
 it is his feeling that what we were after then in no way matches up           
 to some people's perception of what we're after now, or what the              
 definition of "subsistence" now is.  Mr. Watson stated he believes            
 it has become more political.  Self-governments, sovereignty and              
 other things have spread their way into this issue, and he doesn't            
 believe they belong there.  This is an issue of the people, and he            
 wishes the politics could be kept out of it.  There is no simple              
 definition of "subsistence."  He has heard several definitions and            
 agrees with very few of them.                                                 
                                                                               
 Number 415                                                                    
                                                                               
 REPRESENTATIVE BEVERLY MASEK indicated she was on-line and would              
 like to ask Mr. Watson a few questions.  She stated, "I got elected           
 in 1994, and I introduced several resolutions since then.  And                
 hearing what you had to say about Congress waiting for the state to           
 decide, well, I put together HJR 33 in `94."  She said in 1996                
 she'd reintroduced a different type of resolution, HJR 21, which is           
 currently in the House Rules Committee.                                       
                                                                               
 REPRESENTATIVE MASEK referred to the problems the state is                    
 encountering and said the federal government is saying the state              
 has to take a stand.  She referred to her resolution and the                  
 different proposals that Senator Murkowski and Congressman Young              
 put together, and she said the state can't act single-handedly.               
 Part of her resolution says it is important to note that if                   
 Congress acts favorably on HJR 21, the major issue of a rural                 
 preference will remain in federal statutes, but in return, we have            
 to have state management.                                                     
                                                                               
 REPRESENTATIVE MASEK said in trying to come up with a reasonable              
 agreement on the terms of "rural and customary/traditional," it               
 would bring the state back to defining those definitions.  There              
 also would be some other changes in that if the federal government            
 can come in on public lands, what are "public lands?"  She asked              
 whether they could exclude state and private lands and waters and             
 prohibit the preemption of state management in our fish and                   
 wildlife on state and private waters and the repeal of the federal            
 court oversight provision of state subsistence management programs,           
 and get rid of the commercial sale of subsistence-taken resources.            
 She said those are just some of the minor changes we'd like to see,           
 but as Co-Chairman Hudson said, they want to hear from the people.            
                                                                               
 REPRESENTATIVE MASEK said the state and federal governments have to           
 work together.  She referred to the Governor's proposal and said              
 there are so many things in there that will not give true state               
 management back to our state.  It will create dual management over            
 our fish and wildlife, with the feds and the state clashing.  She             
 said she doesn't know whether the state will be working with the              
 federal government on regulations and who will have the final say.            
 Currently, at the federal level, there is really no concrete set of           
 statutes and rules; they make them up as they go along.                       
 Representative Masek asked Mr. Watson whether he had any comments             
 or whether he'd had a chance to see HJR 21.                                   
                                                                               
 Number 431                                                                    
                                                                               
 MR. WATSON said he appreciates Representative Masek's efforts to              
 keep this issue alive.  He said there are some things he would like           
 to see in the state's hands.  Mr. Watson said he wishes there was             
 more well-rounded support for getting more control back into the              
 state's hands.  He noted he is opposed to co-management and can see           
 nothing but a big dog fight.  Mr. Watson indicated he did find some           
 fault in the Governor's recommendations.  He said, "If some of the            
 legislation that you're working on, you know, if you could get more           
 well-rounded support and get people that really want to get the               
 state back involved in it and figure that it is not a danger to               
 them, I am fully in support of that."                                         
                                                                               
 Number 438                                                                    
                                                                               
 REPRESENTATIVE MASEK indicated that is the intent.  The state                 
 should have (indisc.) authority over it.  We have to be able to               
 have that provision if there is going to be a constitutional                  
 amendment to the Alaska Constitution.                                         
                                                                               
 MR. WATSON said there are many things that need to be included if             
 we consider a constitutional amendment.  He explained, "One of them           
 is that the feds are out first, that they have to walk away because           
 I always have this gut feeling that when they get a hold of                   
 something, they never let go.  And they've got to let go before we            
 do something that we potentially can't get out of.                            
                                                                               
 Number 450                                                                    
                                                                               
 REPRESENTATIVE MASEK said people have to compromise, and it seems             
 to her that both sides are not really willing to do a lot.  She               
 said HJR 21 would require somewhere along the line to have a                  
 constitutional amendment only if the provisions were changed in               
 ANILCA that would give the state back true management of our fish             
 and wildlife.                                                                 
                                                                               
 MR. WATSON said that is the course he would like to see.  How we              
 will find a middle ground is a good question.                                 
                                                                               
 REPRESENTATIVE MASEK said when ANILCA was introduced, debated and             
 passed in the late 1970s and early 1980s, that is where the problem           
 really started.  Anytime you want to start working on something,              
 you've got to go back to where it started and work towards a                  
 solution.  Currently, our Congressional delegation is starting to             
 talk about it and bring forward different proposals, but it doesn't           
 go far enough as far as our state is concerned.                               
                                                                               
 Number 459                                                                    
                                                                               
 PATRICK MILLS was next to testify via teleconference from Hoonah.             
 He informed the committee members he has been a full-time                     
 subsistence user all of his life, except for 1966 through 1968 when           
 he was in the U.S. Army.  He said he doesn't think ANILCA should be           
 amended unless they include giving Glacier Bay back to the Hoonah             
 people.  Mr. Mills said they want Glacier Bay back, as it is their            
 home country.  He stated that his father was born at Dundas Bay,              
 which is a part of Glacier Bay.  His mother was born at Excursion             
 Inlet, which is also a part of Glacier Bay.  He said their culture            
 has been handed down for generations.                                         
                                                                               
 MR. MILLS pointed out that when his people moved from Glacier Bay,            
 there were no trees in Hoonah.  He said he wants to go back to                
 Glacier Bay because there are no trees in Hoonah.  The deer hunting           
 and rain forests are being decimated.  Mr. Mills said he doesn't              
 feel comfortable about amending ANILCA for a rural preference                 
 because of the fault of ANCSA.  It was ANCSA that took away their             
 hunting and fishing rights.  He said they did not authorize a bill            
 of sale for their tribal rights; Congress did.  He stated that 226            
 tribes divided by 500 million amounts to almost nothing.  Divide              
 that by 30 or 40 years and it is even less.  Mr. Mills said the               
 Native people weren't paying attention when ANCSA happened.  They             
 are paying attention because ANILCA is being amended.  On one hand,           
 ANCSA took away their hunting and fishing rights.  On the other               
 hand, ANILCA gave it back:  customary/traditional.                            
                                                                               
 MR. MILLS stated that they favor federal management because the               
 state has harsh, barbed wire-like enforcement over the gathering              
 for subsistence.  He said, "We cannot afford to put any more Native           
 people in jail.  The non-Native people can fit in the Native                  
 people's way of life.  Unfortunately, our Native people cannot fit            
 in the urban way of life, as you can tell by the amount of Native             
 prisoners in the state of Alaska's jails.  I hear people say things           
 like there is no exclusive user group.  Limited entry is an                   
 exclusive user group, whether you like it or not.  We can even buy            
 it, for crying out loud; that's if you have the money.  Our Native            
 people in the villages have no money.  We don't even have land to             
 sit on to call our own.  It's been given to the state-chartered               
 corporations, and when these state-charted corporations say, `no,             
 I'm (indisc.) subsistence hunting in January on our land,' there is           
 no hunting, and that's the way it's been for a long time."                    
                                                                               
 MR. MILLS said because of bills like Representative Masek's bill,             
 it causes the Native people to mistrust the state.  He noted that             
 they don't think Representative Masek's is representative of all              
 the people.  He said, "For you to totally attack our Native people            
 with a bill, just totally do away - do away - do away with ANILCA,            
 this is a Congressional law such as ANCSA.  I would say if you're             
 going to amend something, amend ANCSA.  We did not get our full               
 monetary value from the price they set on our hunting, fishing and            
 game."                                                                        
                                                                               
 MR. MILLS said for many years they have gathered subsistence food             
 for their traditional/customary uses and potlatches.  Even though             
 the city of Hoonah had an anti-potlatch ordinance until 1974, they            
 carried on their traditions and culture.  He informed the committee           
 they pass on their Tlingit names through their families.  Mr. Mills           
 said he doesn't like to take welfare checks from the government,              
 but that is what the state has reduced them to.  He referred to a             
 sockeye river at Excursion Inlet and said it is overrun by cannery            
 workers when they have time off.  People from all over Southeast go           
 there because there are only one or two designated areas for them             
 to gather sockeye.  For a long time, they have gathered subsistence           
 food because they don't have any jobs.                                        
                                                                               
 MR. MILLS said some people think the subsistence way of life is               
 easy, but it isn't.  You have to catch it, take it home, cut it up,           
 clean it, put it in jars, et cetera.  Mr. Mills said they barter              
 their labor for hooligan oil in Klukwan.  He urged that ANCSA be              
 amended to give them back their 50 percent of the salmon, fish and            
 game.  If ANCSA were to be amended, he would guarantee that 50                
 percent of the fishing permits would remain in Alaska.                        
                                                                               
 MR. MILLS discussed the importance of subsistence gathering in the            
 villages, as there aren't jobs.  He stated that they want tribal              
 representation from the local areas and a say-so in what happens to           
 their traditional and customary usage.                                        
                                                                               
 MR. MILLS referred to Glacier Bay and said it comprises over half             
 of the Hoonah area in subsistence.  When ANILCA came along and                
 guaranteed subsistence, Glacier Bay was taken away in the same                
 breath.  He said what the state represents sometimes is not very              
 good, as we end up with special interest groups such as the Haines            
 Borough.  Mr. Mills said Excursion is his traditional and customary           
 usage area, but the Haines Borough doesn't know that.  He informed            
 committee members about the subsistence foods he eats.                        
                                                                               
 TAPE 97-63, SIDE A                                                            
 Number 020                                                                    
                                                                               
 MR. MILLS referred to the Treaty of Cession and explained that it             
 says, "The uncivilized tribes will be subject to laws of that                 
 country."  People then turned around and said that we didn't have             
 tribes in Alaska.  We had uncivilized tribes.  Mr. Mills said the             
 truth is that there were absolutely no civilized tribes in the                
 entire Americas; they were all the same - uncivilized.  He said,              
 "When the time came for us to go to ANCSA and ANILCA, we were not             
 represented as a tribe.  We feel a little bit - little bit                    
 breathable now that the President had granted us tribal status.  We           
 feel that we could breathe and we're not so suffocated anymore.               
 Yes, I am denied Glacier Bay - my Hoonah people - but we still                
 would rather have federal management because we feel that this                
 federal management will talk to us.  The state of Alaska will not             
 talk to us.  They'll send us a bill like Beverly's."  Mr. Mills               
 discussed his family history relating to his brothers' military               
 service.  He thanked the committee members for allowing him to                
 testify.                                                                      
                                                                               
 MR. MILLS referred to people of Alaska talking about equal rights             
 and said they're protected by the state and federal constitutions.            
 Federal guarantees for Natives are almost nonexistent and even less           
 with the state.  He thanked the committee for listening to him.               
                                                                               
 Number 162                                                                    
                                                                               
 OWEN JAMES testified via teleconference from Hoonah.  Mr. James               
 informed the committee members he is originally from Kake and moved           
 to Hoonah 19 years ago.  He explained he saw a gentleman get busted           
 by the Department of Fish and Game for trying to keep his family              
 fed, as he had no food in his house.  Mr. James said he felt bad              
 for this man because he went out and got some halibut.  He wanted             
 to get some rice and other food for his home and didn't have the              
 money.  Somebody offered to give him money for some of the halibut;           
 so, he gave them some halibut and he received money to buy some               
 rice and a few other things.  This man got busted for it and                  
 received five years of probation.  He wasn't allowed to hunt and              
 fish and couldn't own any weapons.  He also wasn't allowed to be a            
 crew member on seining or halibut boats.  Mr. James said he was               
 glad he was there, as he helped the man out with food for his                 
 family.                                                                       
                                                                               
 MR. JAMES said he was raised to help people that are having                   
 problems.  He was also raised to treat the elders with respect.               
 Whenever people are hungry for food, he would go get it for them:             
 deer, seal, clams, cockles.  He said to go out and do that now, he            
 has to fill out a lot paperwork.  Mr. James said many of the elders           
 want two or three deer, and if he goes and gets them, he is in a              
 bind for his family.  The game warden is always on him as he goes             
 out and hunts for the elders.  He continued to explain a situation            
 where somebody went to hunt for an uncle and got in trouble for not           
 filling out the paperwork.  He thanked the committee members for              
 allowing him to testify.                                                      
                                                                               
 Number 253                                                                    
                                                                               
 GEORGE PAUL testified via teleconference from Sitka.  He said there           
 are two questions he can't find the answers to.  Mr. Paul said,               
 "The fact that when we're talking about the federal law coming in,            
 I don't have a document that lists the federal laws that are going            
 to take effect on October 2.  And also, I haven't seen a map                  
 outline that shows which areas will be affected and how they will             
 be affected.  As far as the task force findings, there are a couple           
 of positive things I found in it.  The definition I believe is very           
 positive because it puts in black and white, or in this case white            
 and brown, exactly what the definitions are for `priority and                 
 customary tradition' and `customary and trade.'  That part I like.            
 I like the idea about the regional committees to sit and determine            
 year to year, and seasonal, and what fish, and what exactly we're             
 talking about will be.  The things I don't agree with are the                 
 guarantee where it says `reasonable,' because I currently serve on            
 the Sitka Tribe of Alaska, and a lot of our tribal citizens have              
 come in - what has been alluded to throughout the day because they            
 become criminals going out and trying to catch their fish.  But               
 what our legal staff has stated to them is, well, in the areas                
 where the law is -- when you go to a specific law, it says `may' or           
 `may not,' and it doesn't state emphatically that you have the                
 right or you will.  So, when the state offers us a reasonable                 
 opportunity, then it isn't giving us the guarantee that the federal           
 law does."                                                                    
                                                                               
 MR. PAUL said he can't support the task force findings.  He                   
 referred to the paragraph where it says Native sovereignty and said           
 nowhere does the document imply that it gives Native tribes                   
 sovereignty or recognizes Native tribes.  He stated, "Personally,             
 I feel that the `back door rider,' so to speak, into this --                  
 because they say they're offering us something, but in essence                
 we're doing ourselves more harm.  The other thing I disagree with             
 in this document is the paragraph where it says `subsistence cannot           
 be a legal defense.'  I think that is another rider that is trying            
 to be snuck in there."                                                        
                                                                               
 MR. PAUL said he hears the state saying that ANCSA, in 1971, gave             
 Natives their final right.  He said his personal opinion on ANCSA             
 is that it was a bill of genocide because it provided for a                   
 termination date.  In 1972, it was good for him because he got a              
 dividend check, but it was bad for the baby that was born at Mt.              
 Edgecumbe Hospital because that person wasn't allowed to be a                 
 member of the corporation.  He said there are a lot of bad                    
 (indisc.) about ANCSA too.  Each legislator is elected on one                 
 person, one vote, and ANCSA offers bribes for voting.  There are so           
 many things in ANCSA that goes against the Constitution of the                
 United States.  As a veteran, he disagrees with that type of                  
 governmental policy.                                                          
                                                                               
 MR. PAUL said, "So, I guess in conclusion, the federal government             
 recognizes that each of you should have the right to go out and               
 trophy hunt.  Each of you has the right to go out and play with               
 your fish - catch it and release it.  But at times when the                   
 resources and the food isn't there, then they respect and they                
 realize that we, as Indian and Native people, need that for our               
 food; so, at those times, then, it demands that trophy hunting and            
 going out and playing with your fish -- and that has to stop                  
 because we need it as our food source.  And that will be my last              
 point is the motivation; I think each of us should ask the                    
 motivation of why we are fighting.  Are we fighting for this right            
 to go out as a recreation?  Or are we fighting for this right to              
 put food on our table?"                                                       
                                                                               
 Number 330                                                                    
                                                                               
 MATTHEW J. FRED, SR., Head Cultural Leader of Admiralty Island,               
 Angoon, testified via teleconference from Angoon.  He said he would           
 like to start off by saying, "How long have we administered our               
 subsistence resources?"  He said artifacts have been found                    
 verifying that they have been doing this for 10,000 years.  A                 
 fishing trap stake was found in Angoon which dates back 3,500                 
 years.  Subsistence is their inherent right.  He explained that               
 oral history tells that it was during the preparation for the great           
 flood, during Noah's time, that they took food preservation                   
 seriously because of the hardship they endured during the ice age             
 when they had to march over the glaciers.  He said they have                  
 survived both eras.                                                           
                                                                               
 MR. FRED said the whole animal is used when taking any species of             
 animal for subsistence purposes.  Nothing is wasted.  He stated the           
 urban communities are the only ones that benefited by logging.  The           
 rural communities suffered because clear-cutting destroyed their              
 subsistence resources, habitat.  Mr. Fred explained fish traps are            
 the reason why we now have hatcheries that produce poor salmon.               
 The poor salmon cannot be preserved or even salted; it will not               
 hold.  Herring is gone from Favorite Bay because the Department of            
 Fish and Game gave the "go" sign to harvest herring.  The boats               
 went there and fished out all the herring.  Mr. Fred said their               
 winter stocks have been completely destroyed.                                 
                                                                               
 MR. FRED said that from the time of creation, they have taken care            
 of their subsistence resources.  In traditional dances, they do a             
 "House of salmon migration" dance which goes back to the book of              
 Genesis in the Holy Bible.  Mr. Fred explained that Angoon has                
 never been defeated nor conquered, and they are a sovereign nation.           
 He said ANILCA should be left alone.  The fact that Favorite Bay              
 doesn't have any more winter stocks shows the kind of management              
 that they have had with the state.                                            
                                                                               
 Number 400                                                                    
                                                                               
 BILL AUGER came before the committee to give his testimony.  He               
 informed the committee that he has read the Governor's proposal.              
 It seems that everybody thinks they're going to lose a lot, and               
 everything that they're afraid of losing is in the Governor's                 
 proposal.  He indicated that he feels that Alaska would be much               
 better off with the state running our fish and game.  He said he              
 doesn't see how anybody would want the federal government to come             
 in and run our resources.  Mr. Auger said he there are a few things           
 in the Governor's plan that needs strong definitions, such as                 
 barter and trade.  He referred to the plan and said if he were a              
 subsistence user, he would be concerned that they don't seem to               
 hold you in a region.  Unless there is a real decline in the                  
 resource, a subsistence user in Southeast can go to the Yukon-                
 Kuskokwim delta and subsistence hunt or fish unless there is a                
 decline in the resource; then they start eliminating users by area,           
 region, dependents, et cetera.  He said maybe that should be                  
 addressed and defined.                                                        
                                                                               
 CO-CHAIRMAN HUDSON said that is a good point and it is important              
 that we define to make certain that we are not constantly referring           
 back to the court to define on our behalf.                                    
                                                                               
 Number 456                                                                    
                                                                               
 TERESA GARLAND, Executive Director, Ketchikan Chamber of Commerce,            
 came forward to testify.  She noted she is representing the                   
 Ketchikan business community and the Ketchikan Chamber of Commerce.           
 She said the Ketchikan Chamber of Commerce would like to commend              
 the efforts of the legislature, Governor's office and Alaska's                
 Congressional delegation for taking the initiative to address                 
 everyone and for allowing Alaskans to speak on this issue.  The               
 Ketchikan Chamber of Commerce in no way supports federal                      
 intervention and management of our fishery resources.  The history            
 in management of Alaska fisheries shows that there is a detrimental           
 string of mismanagement actions which almost fully devastated the             
 fishery resource in Southeast Alaska.                                         
                                                                               
 MS. GARLAND said she would like to present four key points.  The              
 commercial and sport fishing industry represents a very significant           
 component in Ketchikan.  She said they figure it is about 20                  
 percent of the basic industry jobs, with an estimated annual                  
 payroll of $22.5 million.  Ms. Garland said they feel the state of            
 Alaska is really better situated and qualified to manage and                  
 regulate the state Department of Fish and Game.  The chamber                  
 supports the Alaska Congressional delegation, the legislature and             
 the Governor in taking immediate and positive action to prevent and           
 reverse the federal takeover of fish and game management in the               
 state and return it to effective management.  The Ketchikan Chamber           
 of Commerce encourages all Alaskans to work together as a unified             
 group to accomplish the common goal of preventing the federal                 
 takeover and intervention of fisheries management and returning all           
 game management to the state of Alaska.                                       
                                                                               
 Number 486                                                                    
                                                                               
 ROBERTA SHIELDS was next to testify before the committee.  She                
 stated she is opposed to any changes in the state constitution                
 giving rural and Native carte blanche priority over hunting and               
 fishing rights.  Ms. Shields stated she feels Title VIII of ANILCA            
 violates our state constitution and the Tenth Amendment of the U.S.           
 Constitution.  She said ANILCA must be changed to protect the                 
 rights and freedoms of all Alaskans.  Ms. Shields said it seems to            
 her it is deceptive and hypocritical for certain people in the                
 rural areas to claim customary and traditional use when in fact               
 they do not live at all by the standards of their heritage.  These            
 people are obviously dependent on their nonrural neighbors and                
 cousins for nearly 100 percent of their tools, supplies and                   
 equipment - that is clothing, motorized conveyances, fuel and                 
 electronic communication.  Ms. Shields said she has lived                     
 subsistence as she has lived in the bush, her family are farmers              
 and ranchers.  She has always had wild wheat, game and berries to             
 put on the table.  She stated she feels the rural bush dwellers are           
 in need of the manufactured goods of a civilized society as much as           
 the urban dwellers have need of and share the love of the land.               
 Government has created an artificial division between the urban and           
 rural dwellers of our state.  Maybe it is easier for the government           
 to manage people than to manage their game.  She said she certainly           
 doesn't want the federal government managing and she doesn't want             
 the state to change the Alaska Constitution to comply with these              
 federal mandates.                                                             
                                                                               
 Number 511                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA asked Ms. Shields where in the bush she has           
 lived.                                                                        
                                                                               
 MS. SHIELDS stated she has lived in Hyder, and out of Kodiak at St.           
 Peters and St. George.                                                        
                                                                               
 REPRESENTATIVE NICHOLIA asked how long she lived in the bush.                 
                                                                               
 MS. SHIELDS indicated she lived in Hyder for over ten years and she           
 worked out of Kodiak about six months.                                        
                                                                               
 REPRESENTATIVE NICHOLIA asked how long she lived in St. George.               
                                                                               
 MS. SHIELDS responded she worked off and on at construction sites             
 for about two years.  She indicated she now resides in Ketchikan.             
                                                                               
 REPRESENTATIVE NICHOLIA indicated she would ask a hypothetical                
 question.  She said, "Say that you're a fisherman and you fish to             
 put fish on your table for your family to feed on.  It's something            
 that you practiced for a long time and if you don't have it, you              
 crave for it.  Now say there is a shortage of that fish that you              
 depend on every season, whenever it's available.  And there is a              
 shortage and then you get an influx of people from say Anchorage              
 coming down here to fish that same fishery.  In times of shortage,            
 would you appreciate those people coming in when you're trying to             
 get that fish yourself?"                                                      
                                                                               
 MS. SHIELDS responded, "Are there times of shortage?  That's my big           
 question."                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA explained she is just asking a hypothetical           
 question.                                                                     
                                                                               
 MS. SHIELDS said, "Well I'll give you a hypothetical answer.  When            
 it happens -- like I said, my family farmed and ranched and we                
 always set aside for the -- whenever you're fruit trees were                  
 bearing, for instance, you canned up extra for the years that they            
 weren't bearing.  The frost might kill the fruit three years in a             
 row, but you had enough canned up and ready to cover for those                
 shortages.  People have to plan ahead.  If they don't, they're non            
 compos mentis."                                                               
                                                                               
 Number 538                                                                    
                                                                               
 EDWARD GAMBLE, SR., testified via teleconference from Angoon.  He             
 informed the committee members he was born and raised in Angoon.              
 Mr. Gamble said from the date of birth until he reached high school           
 age he was raised traditionally in the form of gathering the                  
 resources and living from those things.  There were several events            
 that occurred with the governments up until this point.  One was              
 the Alaska Native Claims Settlement Act which brought into being              
 the word "subsistence."  That word had no definition and it only              
 applied to whatever they might be doing.  Nobody cared about the              
 customary and traditional aspect of that.  Mr. Gamble said ANILCA             
 was adopted to amend ANCSA so that the concerns of those people               
 that do customary and traditional use could be addressed and heard.           
 He said subsistence was never defined by the state of Alaska even             
 though they were charged with the regulation of that very activity.           
 The state also did not come up with a regulation that addressed the           
 federal government's concern.  Mr. Gamble said you have to remember           
 where statehood came from, statehood came from the federal                    
 government who allowed it to happen.  There was also the event                
 where there was federally recognized Indian tribes.  Mr. Gamble               
 stated the tribal government in Angoon, which is the Angoon                   
 Community Association, was ratified November 15, 1939.  He asked              
 the committee to look at the date of statehood and asked which one            
 came first.  Mr. Gamble explained one of their bylaws, which was              
 approved by the federal government, is to be concerned of the                 
 resources of their people around their area.  Mr. Gamble stated               
 that ANCSA did not address those regulations that were approved by            
 the federal government.  The ANCSA made profit-making corporations            
 and they were given a small amount of land, smaller amount of land            
 than traditional usage of areas.  There was a report, which he                
 believed was a Smith and Haas (ph) that defined the areas of the              
 usage of the Native people from Angoon.  The 23,040 is just a small           
 dot that were used by the people of Angoon.  Mr. Gamble said the              
 reason customary and traditional was used, didn't have anything to            
 do with culture.  He said, "In the community where you do the                 
 things, you use the resources of those things around you.  Others             
 have used that also in our community.  In my lifetime, I've seen              
 nonNatives practice that activity."                                           
                                                                               
 MR. GAMBLE referred to why they want to amend ANILCA and said they            
 want to amend it on the account of rural preference.  Rural                   
 preference has been practiced by the state of Alaska ever since               
 it's conception.  Mr. Gamble said, "How may representatives does              
 this community have in the state legislature?  We have a portion of           
 one person.  We don't have one person representing us, we have a              
 portion.  So, there has always been a distinction between the small           
 community versus the large community.  While I was serving as                 
 mayor, there was a 10 percent cut on the revenue sharing from the             
 state of Alaska.  At that time I was asked what did I think of the            
 revenue cut.  The one that they had from Anchorage was about 20               
 times more than what I got as a community here in Angoon.  I told             
 that out of $30,000, that we received 10 percent of that is $3,000.           
 I told them that didn't make much of a dent of how we operate our             
 small little community."                                                      
                                                                               
 Mr. Gamble said their court records show how many people were                 
 dragged into court and their cases were kicked out because the                
 state didn't have the right to regulate subsistence.  He referred             
 to the last two times the state was granted an extended time to               
 comply with what ANILCA is telling them to do and they failed both            
 times.                                                                        
                                                                               
 MR. GAMBLE said he doesn't think the communities are asking for               
 preferential treatment.  He said maybe they should take the rural             
 preference and turn it around so that all the regulations that                
 govern the lifestyles of the people of the small communities be               
 drafted in the communities.  He suggested maybe the hearings should           
 be held in the communities.                                                   
                                                                               
 TAPE 97-63, SIDE B                                                            
 Number 001                                                                    
                                                                               
 MR. GAMBLE urged the committee to leave ANILCA alone.  He said it             
 is not a federal takeover.  It is just that state government has              
 lost the right to regulate subsistence and the federal government             
 has taken that right back.  He said he thinks the tribes will have            
 the opportunity to participate in co-management with the federal              
 government.  Mr. Gamble thanked the committee for letting him                 
 testify.                                                                      
                                                                               
 Number 033                                                                    
                                                                               
 ALAN ZUBOFF testified via teleconference from Angoon.  He said he             
 has lived in Angoon all of his life with the exception of a few               
 years while he was in the military.  He informed the committee that           
 while he lived with his grandparents, they put up dry fish, herring           
 roe and cockels.  He now teaches his children and grandchildren               
 where to get the fish, how much to take and how to put it up.  Mr.            
 Zuboff said he is careful as to how much he takes.  The Tlingits              
 have always been good at subsistence on Admiralty Island.  Mr.                
 Zuboff talked of how worried the Tlingits are about subsistence for           
 their grandchildren.  He said what they are really talking about is           
 eminent domain.                                                               
                                                                               
 MR. ZUBOFF said, "The smokehouse issue here has become something              
 that -- well, it should not really be an issue at all.  It should             
 be a given thing because eminent domain, we've been here, like my             
 grandfather said and my father-in-law, for many years.  We've                 
 enjoyed this fact.  It's no theory.  Nobody's guessed at it.  We've           
 been here and we've been doing it and we're going to do it for the            
 rest of our lives.  If somebody is going to say that we can't, then           
 they have another thought coming to them in thinking about it                 
 because we're going to continue doing it."                                    
                                                                               
 MR. ZUBOFF referred to the U.S. Constitution and said it was                  
 written with the laws of the Iroquois.  A lot of Native people in             
 America enjoy that fact.  Mr. Zuboff indicated he agrees with the             
 federal government regarding fish and game management.                        
                                                                               
 Number 120                                                                    
                                                                               
 MARLENE ZUBOFF, Executive Director, Angoon Community Association,             
 testified via teleconference from Angoon.  She stated she is                  
 testifying on behalf of the Angoon Community Association and on               
 behalf of herself and a full Alaskan Native Tlingit.  Ms. Zuboff              
 said, "I want to tell you that from time in memorial, our people              
 have enjoyed the resources of our land.  I have been among my                 
 elders from a child, have learned from them oral history, legends,            
 songs, dances, how to preserve food, how to be natural managers of            
 the land, how to teach my children to be natural managers of the              
 land so that we can live off these resources from time to come.               
 And at a time in my life, I have very much concern in hearing how             
 commercial fishermen, sports fishermen, that have the majority of             
 the resources with which to make an economic living on, come and              
 attack the few percent that my Native people rely on not just for             
 their subsistence, but for our spiritual aspect of our life - for             
 our cultural aspect of our life.  It is tied to us as one, it is              
 not just to help us to survive.  We are one with the land.  We have           
 to depend on this land for our very livelihood.  The economy here             
 is bad, in the villages.  That is why you hear the tone change when           
 it comes to the rural communities.  If you are going to take away             
 the few percent that we have to rely on -- right now you're looking           
 at welfare reform, and the rural communities, welfare reform will             
 not help.  You will stop their food stamps and ask them to work 80            
 hours before they can get some more food stamps for them to rely on           
 the milk byproducts that we have now become accustomed to in the              
 Western civilization."                                                        
                                                                               
 MS. ZUBOFF described how she learned from her mother and                      
 grandmother how to preserve food and this has been a family affair.           
 She now teaches her children.  Ms. Zuboff noted she hates to say              
 the word "teach" because it is a family affair and they do the                
 gathering together.  Ms. Zuboff stated she has a 8-year old son, a            
 25-year old son and a 27-year old daughter.  From the time her                
 children were small, it is in the records of the U.S. Forest                  
 Service that as a young adult she has always taken part in                    
 testifying in respect to logging in the Tlingit subsistence way of            
 life areas.  Ms. Zuboff explained the elders have said that from              
 time in memorial, their people have been on the land.  There are              
 stories that go back to several ices ages and the flood.  She said            
 she heard a grandfather who said, "There will come a time when the            
 color of your skin, that they will no longer say you are Native and           
 they will not accept it."  They also said, "There will come a time            
 when you have to take a card out of you pocket to say you are                 
 Native."  She stated that time has come.                                      
                                                                               
 MS. ZUBOFF explained the Native people in her community have to               
 rely off the land, not just for food.  The food they get from the             
 land provides them with all the nutritional value that they need              
 when times are hard and the planes can't make it into Angoon.  She            
 said she has been taught to preserve fish with the bones in it                
 because cooking the fish with the bones gives them the calcium that           
 their bodies need for strong teeth and bones.                                 
                                                                               
 MS. ZUBOFF said she hears commercial fishermen complaining about              
 the small percentage of food that people of rural communities rely            
 on for traditional and customary use of the land.  She noted they             
 like "traditional and customary use of the land" and not                      
 "subsistence use of the land."  She said she was in Juneau when               
 Alaska became a state in 1959.  Ms. Zuboff said she was in Angoon             
 in 1976 and has seen their subsistence at Favorite Bay almost                 
 totally wiped out of its herring.  To this date, she has not seen             
 the herring replenished to the capacity that it once had.  She said           
 they no longer use herring because of they way it has been                    
 completely wiped out.                                                         
                                                                               
 MS. ZUBOFF said, "I have seen with the federal that they have                 
 protected up to the 200 mile limit and also on the high sea.  Our             
 people is not afraid of the federal coming in.  I have seen from              
 the time I've been a young person growing up where our language was           
 taken from us by the state of Alaska through the school system.  I            
 have seen that happen also through the Bureau of Indian Affairs.              
 I have not seen that replaced.  We not only look at extinguishment            
 of our resources, but of our Native tongue as well.  Something                
 needs to happen for the aborigines of this land.  We are the                  
 indigenous people of Alaska.  We have been here from time in                  
 memorial.  And as stated earlier, they have proven that we have               
 been here for 10,000 years.  They have found evidence - a fish weir           
 3,000 years old.  We have seen what has happened in respect to our            
 traditional and customary use of the land.  I do not want to see              
 the time where they're going to start monitoring us on the very               
 gumboots that we take from the land.  As natural managers of the              
 land, I teach my children not to take every gumboot they come                 
 across.  I teach them to leave the smaller ones there so that we              
 can be able to rely on it the next season.  And as natural managers           
 of the land, I do the same thing when it comes to my customary and            
 traditional use of fish.  My children learn how to do this, how to            
 smoke the fish, how to put it up, how to put it away for the                  
 winter, how to share it with families and friends."                           
                                                                               
 MS. ZUBOFF said she hopes the committee has heard her well and                
 noted she doesn't wish to offend anyone.  She said subsistence is             
 their inherent right and she asked for help in protecting it.  Ms.            
 Zuboff said the commercial fishermen will have fish for as long as            
 there is fish for commercial use.  Their rights are being protected           
 by special interest groups.  She said the legislators need to hear            
 the Native people as well and to be there for them.  If the                   
 legislature is going to take this away from them, provide the means           
 to bring in the economy that would provide them jobs to rely on the           
 Caucasian way of life.  She thanked the committee for listening to            
 her.                                                                          
                                                                               
 Number 281                                                                    
                                                                               
 LEE PUTMAN, Ketchikan Sports and Wildlife Club, came forward to               
 give his testimony.  He noted the membership of his organization              
 consists of personal use hunters and fishermen who rely on the                
 resources to feed their families too.  They have a long history of            
 harvesting game and putting it up for the winter too.  Mr. Putman             
 said his organization doesn't feel subsistence users should be                
 punished for harvesting the resources and they don't feel they                
 should be denied access to the resources they feel they need to               
 survive.  Mr. Putman noted they have jobs, but they also eat deer,            
 fish and berries.  He said unconstitutional federal law shouldn't             
 force us to change our state constitution.                                    
                                                                               
 Number 300                                                                    
                                                                               
 KAY ANDREW came before the committee members to present her                   
 testimony.  She stated she is a lifelong Ketchikan resident.  Ms.             
 Andrew said, "As an American and an Alaskan, I am being told or               
 asked by the Governor of this state and the Congressional                     
 delegation that I have to give up my right to fish and game to some           
 rural person or group.  This appalls me.  I don't think it's right,           
 I don't think it's fair and I don't think it needs to be done.  We            
 have enough resources in this state that every person in this state           
 should be able to get subsistence.  And I don't understand why the            
 state of Alaska doesn't say to the federal government, `Why do you            
 have a problem with every person in this state having subsistence?'           
 To my knowledge, there is no reason why we can't all have                     
 subsistence, so why are we fighting about this in the first place?            
 This is not acceptable to me or my family.  My family has lived off           
 of land and hard work and sweat for generations, maybe not in                 
 Alaska, but somewhere they did.  What is the difference between my            
 family and a rural family.  None that I know of.  For my whole                
 life, my parents taught me to hunt and to fish and to preserve food           
 and to eat it."                                                               
                                                                               
 MS. ANDREW indicated that she was taught that she never kill                  
 anything that she couldn't eat and she never wasted anything that             
 she took to eat.  She said she is being asked to give up this right           
 because of a zip code.  She was on the Regional Council for the               
 state of Alaska when these rural preferences came forth.  Ms.                 
 Andrew indicated she spent a lot of time debating this issue.  She            
 pointed out that every place in Southeast Alaska except Juneau and            
 Ketchikan got rural status.  Ketchikan lost out for 4,200 people.             
 Sitka got it.  Sitka has an airport, Ketchikan has an airport.                
 Sitka has a pulp mill, Ketchikan has a pulp mill.  Ms. Andrew said            
 Sitka had everything Ketchikan had except 4,200 more people.  That            
 is how they chose rural status in Ketchikan, Alaska.  She said this           
 isn't right.                                                                  
                                                                               
 MS. ANDREW said the Native (indisc.) in Anchorage presented seven             
 or eight points of view and she believes number seven said,                   
 "Subsistence is a basic human right."  She said it is a basic human           
 right.  So, does that make her unhuman as an urban resident?  Ms.             
 Andrew said the bottom line is money and that is what this whole              
 issue is about.  It is the money that can be made off of                      
 subsistence.  If we eliminate the sales, we eliminate the problem.            
 If we are faced to change our constitution, the federal government            
 and the state, in her view, will be responsible for creating                  
 apartheid.  To her, apartheid means institutional racism and                  
 bigotry.  We will be supporting two classes of people in this                 
 state.  Ms. Andrew indicated the federal government took Alaska's             
 fisheries management units and turned them into their management              
 units.  There is no place in this state for urban people to go to             
 hunt and fish.                                                                
                                                                               
 MS. ANDREW stated that you cannot expect Alaskans to support                  
 something they don't understand or know what the end result is                
 going to be.  We need to know exactly what it is we're giving it up           
 and we need to know if all of us are giving it up or just part of             
 us.  Ms. Andrew said Alaskans trusted our Congressional delegation            
 when ANCSA was passed and were told this would settle the dispute.            
 Then ANILCA, Title VIII, was passed.  It was passed against a                 
 strong constitution that was written when Alaska became a state and           
 was ratified by Congress.  They knew when they developed Title                
 VIII, it was outside of our constitution and the only way we could            
 come into compliance with that was to change our constitution.  She           
 asked if there is any other state that has ever been asked to                 
 change their constitution to come in compliance with a federal law.           
 Ms. Andrew said she believes Alaska should take the federal                   
 government to court as they don't have a right to develop Title               
 VIII outside of our constitution.  She asked the committee members            
 to not forget to include the urban users in the solution.  Our                
 rural brothers and sisters are getting very heavy to carry and pay            
 for, we need to have some input in on this too.  Just because                 
 people live in a city doesn't mean everybody has a high paying job.           
 Ms. Andrew referred to testifiers saying they teach their children            
 and grandchildren traditions and said she would also like the                 
 privilege.  She stated she doesn't believe that people in Alaska              
 have a right to anything because of where they live, their race,              
 their heritage or anything else.  This is modern times, what                  
 happened 10,000 or 10 million years ago really doesn't have                   
 anything to do with what is happening today.  We all have a right             
 to live in this state.                                                        
                                                                               
 MS. ANDREW asked about the urban Native people such as the                    
 Ketchikan Native people.  It is her understanding that they aren't            
 eligible for subsistence.  She said she then heard an answer that             
 said, "Well maybe they are eligible for subsistence under another             
 tier or whatever it might be."  She asked if the urban people, that           
 live in Ketchikan, that aren't Native heritage, are going to be the           
 only ones left out of this.  Ms. Andrew said she also heard                   
 Representative Nicholia talk about times of shortage.  She said it            
 has been her understanding that there is no such thing.  Ms. Andrew           
 read the seven points of subsistence and cited several court cases.           
                                                                               
 MS. ANDREW said a testifier from Kake indicated limited                       
 entry/individual fishing quotas is one of the problems.  Nobody has           
 said anything about the community development quotas (CDQs) which             
 were given to the Northern coastal villages.  Ms. Andrew said, "As            
 far as I understood when I was on the Board of Fish, how the                  
 coastal villages have some money to come into their communities to            
 develop their communities and their economics.  I also several                
 times today have heard people refer to having their food taken                
 away.  I have seen nothing in any document that the state or anyone           
 else has produced, trying to follow this situation, say that anyone           
 was taking food away from anyone.  I don't think that again there             
 is any person in this state that wants to take food away from                 
 anyone.  And again, I'm going to ask in closing that why can't we             
 all have subsistence?  Is there a problem with our resources?  Do             
 we have a shortage?  Why aren't we just fighting for all of us to             
 have this?"                                                                   
                                                                               
 MS. ANDREW said, "I heard a conversation in the Anchorage airport             
 a couple of weeks ago when I was up there for a meeting.  And I was           
 sitting there and there were three gentlemen sitting down - and, in           
 fact, one of them was from Kake, down a couple of chairs down from            
 me - and they were talking about subsistence and how they had been            
 gathering subsistence and hunting.  And the gentleman from Kake               
 asked one of the other gentlemen, `Well, you know, where are you              
 going?'  He said, `Well I'm going home.'  And he said, `Oh you're             
 going back to Golovin?'  He said, `No, I live in Arizona.  I just             
 came up here to get my subsistence.'  Now this man can have                   
 subsistence and live in Arizona, but a lifelong Ketchikan person              
 can live in Ketchikan year-round and can't have.  There is                    
 something wrong with our system.  We need to work together.  We               
 need to fix it and we need to all have equal right (indisc.).                 
 Thank you."                                                                   
                                                                               
 Number 462                                                                    
                                                                               
 REPRESENTATIVE NICHOLIA said the way the law functions in this                
 state is that in her district, for moose hunting, they are under              
 general regulations both on federal and state land.  Everyone in              
 this state has access to the moose.  The only time on federal lands           
 when the law kicks in is when they have a shortage.  There hasn't             
 been a problem like that.  However, there has been a shortage of              
 caribou on one of highways in Alaska, so they reverted to the Tier            
 1, Tier 2 process.  The people that completed the applications and            
 were qualified were able to hunt the caribou.  Ms. Andrew had                 
 stated that there are no other states that have this.                         
 Representative Nicholia said that is true because Alaska is unique            
 and is one of the few states that still has their fish and game               
 resources.                                                                    
                                                                               
 Number 484                                                                    
                                                                               
 MS. ANDREW said the Tier 1 and Tier 2 system is probably like the             
 elk lottery in Ketchikan.  They have a lottery because there aren't           
 enough elk to provide for everyone.                                           
                                                                               
 Number 490                                                                    
                                                                               
 BEN HASTINGS, Ketchikan Sports and Wildlife Club, came forward to             
 give his testimony.  He informed the committee members he was born            
 in the Territory of Alaska 46 years ago in Ketchikan.  He is                  
 involved in an organization called Care and he is also on the board           
 of directors of the Ketchikan Sports and Wildlife Club.  Mr.                  
 Hastings read his statement:                                                  
                                                                               
 "I'd like to share with you my concerns about the subsistence                 
 dilemma that we've been involved in for years.  The proposal to               
 change our constitution to grant a priority to rural people for the           
 taking of fish and game is unacceptable to the people of Ketchikan,           
 Alaska.  Why are we even considering changing our constitution?               
 I'll bet it has something to do with Title VIII of ANILCA, a                  
 federal law passed in 1980.  I ask myself how can we allow the                
 federal government to pass any thing that violates our                        
 constitution.  Then to add insult to injury, the Governor has                 
 suggested to change our constitution to come in compliance with               
 federal law.  Doesn't our constitution mean anything?  Our                    
 constitution that went into effect in 1959 means a great deal to              
 me.  It guarantees me the same rights to our fish and game as it              
 does to other Alaskans, whether they live in Ketchikan, Saxman,               
 Anchorage or Santa Clause in the North Pole.  Under the common use            
 clause, I am very proud of people like Beverly Masek which stated,            
 `When I was elected to office, I took an oath to protect and defend           
 our constitution.'  God bless Beverly Masek.                                  
                                                                               
 "The right thing to do is to amend Title VIII of ANILCA.  We were             
 given an example of federal management earlier this year and a                
 decision by the federal Subsistence Council.  They wanted to                  
 eliminate people from Ketchikan to be able to harvest deer on                 
 Prince of Whales Island.  That decision was made without the input            
 of state or federal biologists.  It was based on greed, not need.             
 I was involved in collecting the support of 700 local voters to               
 overturn that decision.  If we allow the federal government to take           
 control of both fish and game, I feel we will be faced with similar           
 treatment yearly, only on a much bigger scale.                                
                                                                               
 "There are three law suits in which I've been interested in and I             
 just spoke with Mr. Popely earlier this afternoon to make sure I              
 had my facts straight.  The Bobby case - the Bobby case allowed               
 subsistence priorities at all time and it is not triggered by a               
 shortage.  The Katie John case allows subsistence-qualified people            
 to shut down commercial, personal use and sport down steam.  The              
 Peratrovich case - the Peratrovich case allows for barter and                 
 trade.  The figure was $45,000 divided three ways.  They took                 
 herring eggs on Prince of Whales Island.  Now let's put those cases           
 together.  Let's say subsistence is in effect at all times - the              
 Bobby case.  Now let's say if I move from Ketchikan to Prince of              
 Whales Island, I do own property there, do I need a limited entry             
 permit to fish?  I don't think so.  I think I can take sockeye for            
 subsistence because now I'm subsistence qualified.  But because I             
 have a problem with greed, under the Katie John case I can shut               
 down the commercial fishery until I get mine.  When I catch our               
 fish for subsistence, I can sell those fish - the Peratrovich case.           
                                                                               
 "These are some of the concerns of the local people of Ketchikan as           
 well as the Ketchikan Gateway Borough and the city of Ketchikan.              
 Those two bodies have passed individual resolutions, unanimously.             
 And I'll present those two resolutions to you at this time.  I have           
 a solution.  Let's treat everybody equally.  Ted, Frank and Don               
 must do the job that they were hired to do.  We have got to amend             
 Title VIII of ANILCA.  I have also stated my interests to this body           
 before and I'll do it again today.  If there is anything at all               
 that I can do to help to try to come up with a solution to this               
 dilemma, please don't hesitate to ask.  You might have to get me              
 out of the shipyard on the Taku, but I'll be happy to help in any             
 way I can.  Thank you."                                                       
                                                                               
 Number 550                                                                    
                                                                               
 PATRICIA PHILLIPS testified via teleconference from Pelican.  She             
 indicated she has sent the committee members a letter dated July              
 20, 1997.  Ms. Phillips noted she is a member of the Southeast                
 Regional Federal Subsistence Advisory Council that was appointed by           
 Secretary Bruce Babbit, but she is speaking on behalf of herself.             
 Ms. Phillips explained she and her husband are commercial fisher              
 people and have lived in Pelican for 24 years.  Her children's                
 grandparents are born and raised Native and nonNative Alaskans.               
 The terms and definitions are clearly defined in ANILCA.  She said            
 ANILCA, Section 801, "The Congress finds and declares that - (1)              
 the continuation of the opportunity for subsistence uses by rural             
 residents of Alaska, including Natives and non-Natives, on the                
 public lands and by Alaska Natives on Native lands is essential to            
 Native physical, economic, traditional, and cultural existence and            
 to non-Native physical, economic, traditional and social                      
 existence."                                                                   
                                                                               
 MS. PHILLIPS referred to Pelican and said the economy is based on             
 the seasonal production of the fishing industry and more recently,            
 tourism based services.  In the off season, the economy slows to a            
 halt and most people living in Pelican live off summer earnings,              
 deer meat, fish and other locally gathered subsistence foods.                 
                                                                               
 MS. PHILLIPS referred to the Tongass Land Management Plan (TLMP)              
 and read:  "A significant possibility of a significant restriction            
 of subsistence use by increasing competition for some subsistence             
 resources by nonrural as well as rural residents.  This is most               
 likely to occur on Chichagof, Baranof and/or Prince of Whales                 
 Islands where competition for deer and some other land mammals is             
 already heavy and habitat capability has been reduced as a result             
 of timber harvest."                                                           
                                                                               
 MS. PHILLIPS said resources dwindle and diminish and competition              
 from other user groups increases, the political process will limit            
 subsistence rights.  The decisions and regulations that she helped            
 formulate involved state, federal, managers and staff, and Native             
 input.  She said Pelican is affected by increased competition                 
 because of the number of sport hunters, charter hunters from                  
 Juneau, and hunting lodges opening in the area.  A boat from Sitka            
 with eight hunters bagged 40 deer per trip and made two trips last            
 season near the Pelican area.  Sport hunters from Juneau fly out              
 and ferry back with deer.  Ms. Phillips said the local hunter must            
 travel and more frequently to meet their needs.  Protective                   
 measures need to be in place that reduce subsistence impacts.                 
 Pelican is a subsistence qualifying community and has a traditional           
 dependence on subsistence resources.  Ms. Phillips stated a problem           
 of duel management is the confusion of conflicting regulations.               
 There should be a system in place for joint regulations to form               
 with input from federal, state and Native involvement, in other               
 words, co-management.                                                         
                                                                               
 MS. PHILLIPS said the decisions and regulations she helped                    
 formulate involve state, federal mangers and staff and Native                 
 input, each with information pertinent to the issues involved.  The           
 federal Subsistence Board currently is responsive to villages'                
 subsistence needs.  Under the past state system of management the             
 subsistence users had little or no representation.  It is why the             
 subsistence user prefers federal subsistence management.  The                 
 reality of audiological and cultural differences of subsistence               
 users and sports users is inherent.  Some user groups do not                  
 comprehend local, customary and traditional values.  The Native               
 cultural identity possess a unique past of which we are actively              
 trying to carry into the future.  Ms. Phillips stated the                     
 recognition of subsistence harvest has created resentment and                 
 resistances to the priority established and strengthened by federal           
 subsistence management.  The formulating of federal subsistence               
 management regulation has empowered and recognized subsistence                
 users and their harvest methods.  If the state should succeed in              
 the takeover of subsistence management, the regulations should                
 contain the regulations established under federal subsistence                 
 management.  She thanked the committee for listening to her                   
 testimony.                                                                    
                                                                               
 Number 515                                                                    
                                                                               
 CO-CHAIRMAN HUDSON explained the evening agenda.                              
                                                                               
 TAPE 97-64, SIDE A                                                            
 Number 001                                                                    
                                                                               
 REPRESENTATIVE JOULE indicated he wouldn't be attending via                   
 teleconference later in the evening.                                          
                                                                               
 CO-CHAIRMAN and called for a dinner break at 4:45 p.m.  He called             
 the House Resources Committee meeting back to order at 6:20 p.m.              
 Members present were Representatives Green, Dyson and Hudson.                 
 Representative Williams arrived at 6:40 p.m.  Co-Chairman Hudson              
 announced Representative Nicholia wouldn't be in attendance as she            
 had to catch an airplane.                                                     
                                                                               
 Number 031                                                                    
                                                                               
 JOHN PECKHAM, Board Member, Southeast Alaska Seiners Association,             
 came before the committee to testify.  He said he purse seines for            
 salmon for most of his living.  Mr. Peckham stated his organization           
 supports, in general, the Governor's task force recommendations.              
 He believes it is a relatively practical and reasonable way to keep           
 the federal government from running our fisheries.                            
                                                                               
 MR. PECKHAM referred to the subsistence issue and said it has been            
 one of the top priorities of his organization for many years even             
 though subsistence fishing has had little impact, so far, on their            
 fishery.  It is a priority because it has a large potential for               
 drastically curtailing the fishy.  The problem isn't the number of            
 fish that might be taken.  The problem is that most subsistence               
 fish are taken in-river or near terminal areas and, in many cases,            
 managers don't have a clear idea how many fish are going to end up            
 in the rivers when fisheries start.  Mr. Peckham said if the                  
 managers were told to manage to absolutely assure that there are              
 going to be enough fish available, over and above escapement, to              
 assure subsistence then many of the seine fisheries could not take            
 place.  He said his organization has three principles in mind that            
 they would like to see.  The first is they would like to restrict             
 subsistence use to those communities that really need it so that              
 the number of subsistence users is small and would reduce the                 
 potential for conflict.  Mr. Peckham said they would like to see              
 the restriction of any sales of subsistence fish so that an                   
 economic vested interest isn't created that would be fighting for             
 increased allocations.  Mr. Peckham said, "And we wanted to have              
 subsistence implemented with some reasonable flexibility.  For                
 example, if one sockeye system that is used for subsistence is weak           
 in one year, rather than looking at further curtailing for                    
 fisheries which might already be curtailed for conservation, that             
 if there is a nearby system with salmon that has surplus, the                 
 subsistence users could be directed to that system."  He indicated            
 they don't want the federal government to run Alaska's fisheries.             
 If the federal government takes over, we will have very little                
 chance to effect public policy on decisions regarding our                     
 fisheries.  Mr. Peckham informed the committee members that the way           
 he reads the regulations, the decision makers won't be allowed to             
 balance economic or social needs in their decisions.  All that they           
 would be able to look at is conservation and subsistence needs.  He           
 said his organization sees a great potential for major impacts to             
 the seine fishery.  Mr. Peckham said his organization doesn't see             
 a better solution right now than the one the task force is                    
 proposing.  He said the Southeast Alaska Seiners Association will             
 be submitting specific comments regarding the recommendations.                
                                                                               
 Number 108                                                                    
                                                                               
 CO-CHAIRMAN HUDSON asked Mr. Peckham what percentage of the                   
 Southeast Alaska Seiners Association are residents.                           
                                                                               
 MR. PECKHAM responded that approximately 56 percent of purse                  
 seiners on Southeast Alaska are nonresidents.  He said he believes            
 it is the highest percentage of any of the gear groups in Alaska.             
                                                                               
 Number 118                                                                    
                                                                               
 REPRESENTATIVE GREEN said, "When you were talking about if a                  
 certain area were low and maybe an adjacent or similar nearby area            
 could have an excess that you could make that -- have some                    
 flexibility.  We're you thinking about a discrete stock management            
 in that or would this -- just trying to figure where we might go if           
 something like that (indisc.)."                                               
                                                                               
 MR. PECKHAM responded, "Well I'm not sure of the connections.  It's           
 just simply if a system needs to be implemented in a practical and            
 reasonable way so that if we end up with a lot of subsistence                 
 classified streams, and that could happen - there are a lot of                
 subsistence users, and it was the obligation of those making the              
 decisions to make sure that if that stream had been used for                  
 subsistence that the manager of the fishery is required to make               
 sure that stream has fished every year over and above escapement.             
 That would create a situation which we call `weak stock                       
 management,' because every system doesn't have a surplus every year           
 even though the basic health of the resources might be healthy."              
                                                                               
 Number 147                                                                    
                                                                               
 REPRESENTATIVE GREEN said he thinks he is following what Mr.                  
 Peckham is saying.  He said, "If stream A was perhaps low on reds,            
 and you said well we're not going to impact that because steam B is           
 in abundance and so, therefore, we'll just continue to go ahead and           
 fish.  While it might be -- the rest of the stock may be up on                
 stream A, were you thinking of just total catch the discrete stock            
 management or was that nuance that we'd have to look at later.  The           
 concept is that you wouldn't want flexibility and we'll work the              
 details later."                                                               
                                                                               
 MR. PECKHAM responded, "Details later?"                                       
                                                                               
 REPRESENTATIVE GREEN said, "Well, I guess I'm not asking the                  
 question properly, but there is an anadromous stream that has three           
 or four or five types of salmon coming in.  Are we going to manage            
 for any one of those?  Are we going to look at the total return?"             
                                                                               
 MR. PECKHAM said management is complex because often there is more            
 than one salmon species going up and individual river.  He said,              
 "Actually I wasn't thinking that.  I was thinking of the fact that            
 there are, for instance, in Southeast we have many streams, very              
 few big river systems.  And the managers manage the fisheries to              
 try to get an overall good escapement in all systems, not to get              
 good escapement in every system which is an impossible task."                 
                                                                               
 Number 174                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said what he thinks Mr. Peckham is referring to            
 is management for an overall good escapement for the conservation             
 of the stream.  If we have subsistence, we would add that in again            
 so that there would be the overall best help for all users as                 
 opposed to discrete stock as it tends to be terminal fisheries.               
 From a commercial point of view, it doesn't put the best product              
 out into the market.                                                          
                                                                               
 Number 184                                                                    
                                                                               
 REPRESENTATIVE GREEN said he is concerned with the Cook Inlet area.           
 "If a certain stock was low and yet there was another stream that             
 wasn't impacted, with what I understood your position to be is that           
 a preference wouldn't impact the low stocks because the total                 
 drainage area or the larger area might have a sufficient number of            
 whatever it might be that was (indisc.) on this one stream.  But              
 the impact that we've seen, for example, in the Susitna drainage              
 area there is a certain type of fish that's low there that might,             
 I think what you were saying, continue to be impacted because it              
 could be made -- I mean the total area could be made up out of the            
 stream and yet that doesn't help this Susitna drainage."                      
                                                                               
 Number 201                                                                    
                                                                               
 MR. PECKHAM said that is fundamentally one of the difficulties of             
 managing our fisheries.  He said, "There is a various amount of               
 management measures management can make to try pull it -- to get              
 fish in the steams.  So, rather than go the entire nine yards                 
 totally shutting down a fishery, if there is a way to subscribe to            
 allow subsistence users to still get their subsistence fish and               
 allow some fishing to go on other stocks which incidentally catches           
 fish going to that stream -- than that's what I'm trying to get               
 at."                                                                          
                                                                               
 Number 215                                                                    
                                                                               
 MR. WESTLUND came forward and said he thinks Mr. Peckham is trying            
 to tell the committee is that if stock A is low in the creek and              
 there is another creek over in another area or drainage, and is not           
 traditionally a subsistence creek, you go from A to B instead of              
 shutting the commercial fisherman or the sport user down.  There is           
 still subsistence fish to be taken.  He asked Mr. Peckham if that             
 is correct.                                                                   
                                                                               
 Number 229                                                                    
                                                                               
 CHRIS JOHNSON, Gillnetter, was next to come before the committee.             
 He stated he agrees with everything Mr. Peckham said.  He said he             
 believes subsistence has its place and the state has done a                   
 tremendous job in managing the resource.  Mr. Johnson informed the            
 committee members he has a lot of Native and rural friends and they           
 never have had any problems getting the amount of salmon that they            
 need to use for subsistence.  Mr. Johnson said the state                      
 implemented a system where you get limited entry.  He said he                 
 bought his permit and boat and has about $200,000 into it.  His               
 feeling is that permits would devaluate quite a bit and if the                
 federal government takes over.  It wouldn't help matters at all as            
 he is sure the fisherman would be cut back in many areas.                     
                                                                               
 MR. JOHNSON said he thinks there are a lot of other alternatives.             
 Historically, when the federal government did manage Alaskan                  
 waters, it was a disaster similar to what is happening in                     
 Washington State.  Mr. Johnson indicated that if the federal                  
 government takes over management, it will be a devastating impact             
 on his personal situation and probably everybody's.  He referred to           
 over escapement and said if they did away with commercial fishing,            
 which could very easily happen, there would be over escapement in             
 all the streams which is worse than under escapement.  Commercial             
 fishing has its spot in conservation management.  Mr. Johnson said            
 he thinks the state is doing a very good job and he'd hate to see             
 anything change.                                                              
                                                                               
 Number 264                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said an Eskimo elder who spoke at the hearing in           
 Bethel and said that when you don't hunt a species, it becomes                
 extinct.  Hunting and harvesting is part of the cycle and the key             
 is the management of it so that you have the healthy conservation.            
                                                                               
 Number 274                                                                    
                                                                               
 MR. JOHNSON said there are a lot of different things that could be            
 done.  For example, a commercial fisherman could go out and fish              
 and bring in a certain amount of fish, if that area was depleted,             
 from other areas and then give that fish to subsistence users if it           
 ever came to that.  He said he is sure commercial fishermen would             
 be willing to do something like that.  There are a lot of                     
 alternatives.  The state has done a tremendous job, and he would              
 like to see it kept that way.                                                 
                                                                               
 Number 289                                                                    
                                                                               
 ED MARKSHEFFEL came before the committee to testify.  He stated he            
 has lived in Ketchikan for about 41 years.  Mr. Marksheffel                   
 referred to subsistence permits and said, "If you didn't use it,              
 you don't lose it."  He informed the committee that he uses the               
 fishery permits.  If you have never used a subsistence fishing                
 permit, you aren't losing it.  He referred to limited entry and               
 said he would like to see a limited entry on subsistence permits              
 for those who have had them, grandfather in the past permit                   
 holders.  The Department of Fish and Game has records of who has              
 had these permits.  He said limited entry of subsistence permits              
 couldn't be sold like the commercial limited entry licenses and               
 should only be passed down to the residents of Alaska in the                  
 immediate family.  Mr. Marksheffel suggested dropping the rural               
 reference altogether.  He said all of Alaska is rural, maybe not              
 Anchorage, but all of Alaska is rural when you get right down to              
 it.  The population of the whole state is less than a suburb of Los           
 Angeles.  Mr. Marksheffel thanked the committee for listening.                
                                                                               
 Number 311                                                                    
                                                                               
 CO-CHAIRMAN HUDSON indicated that Mr. Marksheffel has made an                 
 interesting suggestion about limited entry.                                   
                                                                               
 MR. MARKSHEFFEL said you wouldn't be excluding anyone because the             
 people who had have the permits would still have the permits.                 
                                                                               
 CO-CHAIRMAN HUDSON indicated essentially the targeted stock would             
 be fish and not game, but it may even work well for game.                     
                                                                               
 Number 331                                                                    
                                                                               
 RICHARD JACKSON came before the committee to testify.  He said he             
 was formally the subsistence chairman for the Ketchikan Indian                
 Corporation and has been involved with the U.S. Forest Service                
 doing environmental impact statements.  He said he a nonrural                 
 person.  He worked with Saxman when they had the issue of their               
 rural status a number of years ago and was successful in retaining            
 the rural status.  Mr. Jackson referred to the problem the state is           
 facing and said ANILCA was established in 1980.  He said "It does             
 pertain to rural people because it would be unconstitutional based            
 upon race.  But along with that issue, and I think it comes up in             
 this case, the issue of the Native community.  That is true, there            
 are 220 tribes or more in Alaska.  There are also other rural areas           
 that are non-Native by nature and in ANILCA it is usually                     
 traditional and customary uses of subsistence.  And if you look at            
 Native management you look at subsistence more than just getting              
 food.  It's a cultural existence in the South.  I've watched the              
 issue in this area as it pertains to management and the regional              
 advisory council, the Forest Service particularly on the Prince of            
 Whales issue.  I do agree with the hunters in Ketchikan who were              
 correct in the lobbying to get their right to hunt on Prince of               
 Whales and that ruling by the advisory council was overturned.  I             
 guess what I'm trying to say that (indisc.) has in the language               
 that excluding that doesn't allow for the aboriginal rights as we             
 do it.  It was addressed in the Congress report by the Senate at              
 that time and that became an issue later on as what transpired.               
 Their intent was to (indisc.) subsistence uses and they come down             
 to do that.  It does have nonrural language in it which excludes              
 about five or six major towns in Alaska and they're not happy with            
 it.  But if you want to ask me as a Native subsistence chairman in            
 an area which does not subsist in terms of rural, we have to go to            
 a personal use.  I agree with ANILCA and I agree with that language           
 in there.  I think that Alaska is out of compliance and that we               
 will have to go into the legislative session to get into                      
 compliance.  Now whether they are successful in that is up to the             
 state.  I'm not talking just about the legislature, but the members           
 of this state includes a number of user groups, not only                      
 subsistence users.  We're talking about the population, the                   
 seiners, the trollers, gillnetters and additional users are the               
 (indisc.) groups, Native subsistence users, rural subsistence                 
 users, major fishery groups.  It's just going to take a lot of                
 work, but for us, the Native people, I think we've been backed into           
 a situation where we have to have inclusion for a                             
 traditional/customary use and that does satisfy our needs in                  
 ANILCA, although it doesn't address major towns that have Native              
 communities."                                                                 
                                                                               
 MR. JACKSON informed the committee members he is from Ketchikan and           
 his family is the Tongass tribe.  They were in Ketchikan before it            
 was settled.  He noted "Ketchikan" means "under the wings of                  
 eagle."  They shared their land with the Cape Fox people.  He said            
 they have been pretty much culturally decimated because there is              
 not cultural base as far as the land.  Mr. Jackson said he thinks             
 that ANILCA satisfies the rural land nonrural position of people in           
 Alaska and the state must get into compliance with ANILCA.  He said           
 that we don't have very much time to come into compliance.                    
                                                                               
 Number 402                                                                    
                                                                               
 REPRESENTATIVE GREEN indicated the committee is truly trying to get           
 input regarding the issue.  He said the committee has heard that              
 the subsistence issue among the Native culture is not just for                
 food, but it is also a heritage type of a thing as it part of the             
 culture as well.  He said there was an earlier suggestion in that             
 depending on how things shake out, the commercial fishermen could             
 make up a deficit, if there was such a thing as a deficit on the              
 subsistence issue.  Representative Green asked, "Would the Native             
 culture would work with that kind of a concept or do you need to              
 catch you own game - fish and game?"                                          
                                                                               
 MR. JACKSON responded it is a spiritual relationship with the land            
 and it is an undefined element.  For the Natives, it is going out             
 and (indisc.) -- hunter going out and getting his deer.  It is                
 something that you can't really express, except that it is                    
 spiritually part of the community.  It is a network of the                    
 community to share the wealth of the land.  Without that, they                
 (indisc.) part of their culture.                                              
                                                                               
 Number 421                                                                    
                                                                               
 MR. AMBROSE referred to the state management of fish and game and             
 asked Mr. Jackson why the subsistence need is not met with the                
 personal use provisions.  He said Mr. Jackson mentioned that as a             
 urban resident, he uses personal use.  He asked why that can't be             
 done statewide.                                                               
                                                                               
 MR. JACKSON informed the committee that personal use has quota on             
 it that doesn't satisfy family need.  When you look at personal use           
 for subsistence you can't allow a member of another community to              
 subsist for their elders and those that are handicapped are                   
 (indisc.).  Personal use doesn't satisfy the internal network that            
 families work together.  He said he believes it would be more                 
 difficult for those communities to do that under those terms.                 
                                                                               
 Number 436                                                                    
                                                                               
 MR. AMBROSE asked if the state regulations on personal use couldn't           
 be rewritten to more adequately the needs Mr. Jackson is talking              
 about.  He questioned why there should be two tiers of management.            
 Mr. Ambrose asked why we don't address it on a state level, call it           
 whatever you want to call it, personal use or subsistence, as long            
 as you have access to the resource.                                           
                                                                               
 MR. JACKSON said, "I don't see it as too systematic (indisc.) that            
 the state gets in compliance with ANILCA.  That will be (indisc.)             
 the federal government will allow the state manage subsistence or             
 manage it under ANILCA.  I don't see - envision a two management              
 systems although it is been mentioned as far as a cooperative                 
 effort between the state and the Native community.  But I see with            
 state management, which would have input from the advisory councils           
 from Native communities.  That's what I think."                               
                                                                               
 Number 446                                                                    
                                                                               
 CO-CHAIRMAN HUDSON read from Article VIII, Section 15 of the Alaska           
 Constitution, "No Exclusive Right of Fishery.  ...does not restrict           
 the power of the state to limited entry into any fishery for                  
 purposes of resource conservation, to prevent economic distress               
 among fishermen and those dependent upon them for a livelihood and            
 to promote aquaculture..."  He said Mr. Jackson and his family is             
 from Ketchikan and under the rural designation, he would not be               
 eligible for subsistence.  There are many Native people, by birth,            
 who believe that they should have the right to take subsistence               
 even though they live in urban areas and they would be precluded by           
 the rural designation.  Co-Chairman Hudson said Mr. Ambrose brought           
 up the idea of personal use which could be personal use                       
 subsistence, but it would have a broader context that would                   
 guarantee or assure, to the greatest extent possible, that people             
 in those areas of the state of Alaska, where they have a natural              
 dependence or extraordinary dependence upon the taking of the                 
 resources for subsistence purposes would have them.  He asked if              
 there is some way that we could get off of being stuck on what the            
 feds have written.  He said, "I have a feeling what we're trying to           
 do is we're dancing all over the head of this pin trying to figure            
 out how we can comply with the federal law, and at the same time,             
 we're nervous as we can be because we don't believe that -- or                
 we're concerned that there may not be sufficient votes to change              
 the constitution."  He said he is looking at the constitution to              
 see if there is tie-in to it as it currently exists.  We already              
 have common use.  We have Section 15, No Exclusive Right of                   
 Fishery.  We also have Section 17, Uniform Application.  All three            
 of those probably could work into personal use of subsistence or              
 whatever you want to call it.  It would guarantee rural, but it               
 might also cover some of Mr. Jackson's brothers and sisters who               
 live in Ketchikan and some people in Juneau who are precluded from            
 taking subsistence.                                                           
                                                                               
 Number 480                                                                    
                                                                               
 MR. JACKSON said that is some language that can be looked at as far           
 as making an inclusion for those who are not eligible for (indisc.)           
 status for subsistence.  He said that would be something to look              
 at.  He said he would hope that the negotiating team that was                 
 proposed by (indisc.) and look at one of those avenues for                    
 including them.                                                               
                                                                               
 Number 490                                                                    
                                                                               
 MR. MARKSHEFFEL referred to his earlier comments and stated he did            
 use his personal use permit.  He said he didn't relate the fact               
 that it is on the same form as subsistence and it could be all one.           
                                                                               
 Number 496                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said up in Bethel the committee heard the                  
 concerns the people had over the paperwork and all the steps they             
 had to go through.  He noted they were people who had subsistence             
 rights under current law and under the proposed federal law.  They            
 felt each and every time it was somebody from Juneau or Washington,           
 D.C., that was telling them how they were supposed to harvest and             
 when.  He indicated the paperwork was cumbersome.  In any final               
 arrangement, we ought to look seriously at how manageable the                 
 opportunity is once we get the fine pattern down, whether it be               
 subsistence, personal use, a combination of both or a permitting              
 system.  It ought to make it as easy as possible, subject to the              
 management of the resources for the people who are using it.                  
                                                                               
 Number 518                                                                    
                                                                               
 JANICE JACKSON came before the committee members to testify.  She             
 said as a subsistence user, she is in attendance to defend that               
 right for her family.  She said it important to them, not only as             
 a lifestyle as a means of getting food, but also culturally because           
 they are so connected to the land.  It is hard to explain, but it             
 is something that is passed on from family to family and they will            
 continue to do it no matter who manages the issue of subsistence.             
 Ms. Jackson said there are enough resources for all of us.  We need           
 to look at some way to manage it besides changing ANILCA.  She                
 noted she doesn't know what the solution is.  Ms. Jackson informed            
 the committee members that earlier in the day she spoke to other              
 subsistence users and they weren't really aware of the hearing.  We           
 need to reach them in other ways to get their view points.  She               
 stated she doesn't think it is right for government to pit one                
 group of people against another, subsistence users versus urban               
 users.  It would be nice to keep the control in Alaska and for                
 people to have more of a say so in the management of our resources.           
                                                                               
 Number 547                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said co-management has been discussed where you            
 would have more local involvement or input into the process.  He              
 referred to commercial fisheries and said there are advisory                  
 committees, the Board of Fisheries and the Board of Game.  Co-                
 Chairman Hudson referred to the rural preference, which is                    
 currently in ANILCA, and said it does go beyond what Ms. Jackson              
 would consider to be the cultural aspects of it.  It also takes               
 care of subsistence uses for non-Natives who live in rural Alaska.            
 In some respects, that gap between the half a dozen different races           
 has been bridged by providing a rural preference for subsistence              
 purposes.  He said it doesn't seem to him like we're denying Native           
 Alaskans in rural Alaska, for example, their rights to take, to use           
 and to feel the cultural, the spiritual and those kinds of things.            
 At the same time, it didn't deny, doesn't deny and won't deny if we           
 leave it as it is in ANILCA those who are non-Natives who will also           
 be eligible for essentially an equal taking.  He said he has got to           
 believe that there is a way in which we can permit and establish              
 the law on an overall basis so as to guarantee Ms. Jackson the                
 right to maintain that special essence of her lifestyle and, at the           
 same time, not deny others in similar situations which is a                   
 provision of the constitution as well.                                        
                                                                               
 MS. JACKSON noted she would like to be involved on a continual                
 basis on some kind of a board or committee.                                   
                                                                               
 Number 571                                                                    
                                                                               
 REPRESENTATIVE GREEN said Ms. Jackson and several other people have           
 testified that under no circumstance do they want ANILCA changed.             
 He asked if that is because they probably want the protection                 
 afforded to ANILCA for an assurance of a subsistence right.  If a             
 compromise could be worked out so that there is that assurance,               
 since ANILCA refers to rural, but if there was some other way to              
 assure this and the word "rural" wasn't used, would she still                 
 insist on not changing ANILCA or that it would have to be a                   
 constitutional change.  He asked if the focus is to try and be sure           
 that is going to be subsistence rights or that they want the                  
 protection afforded by ANILCA.                                                
                                                                               
 Number 579                                                                    
                                                                               
 MS. JACKSON said when you get into trying to change one word or               
 another, it gets real sticky.  She referred to the word subsistence           
 and said a lot of people are opposed to it.  She said she would               
 like to speak to the committee on a continuing basis.  It's nice to           
 be heard in trying to solve this dilemma.                                     
                                                                               
 Number 584                                                                    
                                                                               
 REPRESENTATIVE GREEN indicated he is just trying to figure out how            
 deep-seated the non-willingness to change ANILCA is.                          
                                                                               
 MS. JACKSON said she doesn't believe it is a solution, but she                
 would have to look at other solutions first to see which is the               
 worst of the two.  That's the hard part.                                      
                                                                               
 Number 588                                                                    
                                                                               
 CO-CHAIRMAN HUDSON asked if there was anyone in attendance who                
 wishes to testify or if there is anyone who already testified who             
 wishes to add additional testimony.                                           
                                                                               
 Number 595                                                                    
                                                                               
 MR. HASTINGS, who testified before the committee earlier, said one            
 thing that disturbs him is the fact that for some reason we can't             
 solve this dilemma.  He said there are people who would like to be            
 part of this solution and urged the committee or the Governor to              
 call.                                                                         
                                                                               
 Number 604                                                                    
                                                                               
 CO-CHAIRMAN HUDSON announced the committee would take a ten minute            
 break at 7:10 p.m.                                                            
                                                                               
 TAPE 97-64, SIDE B                                                            
 Number 001                                                                    
                                                                               
 The House Resources Committee meeting was called back to order at             
 7:25 p.m.                                                                     
                                                                               
 CO-CHAIRMAN HUDSON informed the committee members that there are              
 several people who would like to testify via teleconference.                  
                                                                               
 Number 018                                                                    
                                                                               
 LONNIE ANDERSON, Mayor, City of Kake, testified via teleconference            
 from Kake.  He said, "I'd like to speak in a traditional and                  
 customary use of resources there and just drop that other word                
 entirely.  I think that's a misnomer.  But when ANILCA passed,                
 villages did not give up the right to use traditional and customary           
 resources for their existence.  And by that, I would like to                  
 explain that we don't, in our villages, have traditional and                  
 customary use of supermarkets - things of that sort.  We had to               
 live off the land basically for our primary needs.  The personal              
 use aspect, I can put that as the second use of the natural                   
 resources after the traditional and customary use by rural                    
 residents has been fulfilled.  Many of us are fishermen and things            
 of that sort and we take food home in a personal use manner.  That            
 could be fulfilled.  And I'd like to say just a little bit about if           
 we are forced to go to a constitutional amendment and as a                    
 minority, the groups of our villages would -- any amendment that              
 would favor traditional and customary use would more than likely              
 fail.  And the other item that I would like to mention is that when           
 we use our resources, it's used to the fullest.  A lot of times,              
 especially our elderly people, they still live in the old                     
 traditional customary way and the new regulations that we impose on           
 our people who may not understand the 21st century, they feel like            
 they're intimidated.  And we need to make some kind of amendment              
 that our elders, not only our elders but the people who have to go            
 to the supermarket up in some bays and get their fish and things of           
 that sort, do not feel that intimidation.  And I guess I would like           
 to thank you Bill - Representative Hudson to bring this forum to              
 before the committee that listen to quite a few excellent                     
 testimonies.  And it's no easy solution there."                               
                                                                               
 Number 138                                                                    
                                                                               
 CO-CHAIRMAN HUDSON referred to Mr. Anderson saying resources are              
 used to the fullest extent and that perhaps elders and others, who            
 perhaps are not accustomed to supermarkets, et cetera, feel                   
 intimidation.  He asked Mr. Anderson if he knows of anything that             
 would minimize or eliminate that feeling of intimidation.                     
                                                                               
 Number 140                                                                    
                                                                               
 MR. ANDERSON said when they would go out to get sockeyes, they get            
 a slip of paper saying they are allowed 20 fish for household use.            
 Mr. Anderson indicated some people may need more.  Their areas of             
 resources is about two and a half hours by speed boat which is an             
 expensive venture.  You have to also take the weather into                    
 consideration.  He said, "If I needed 100 that would do me -- you             
 know what we call fresh pack, strips, smoke the fish, preserve it             
 in the traditional and customary way, it would save a lot of                  
 expense on a lot of our - not only Kake people but other people in            
 the Panhandle here, if we could say -- I'm (indisc.) from a                   
 traditional manner we know about how many fish that you use during            
 the year.  And if they could put that on the application or ticket            
 or whatever we use, and they could go and feel that if they could             
 get their 100 and not be looked at -- (indisc.) if we go over and             
 we happen to think well nobody is around, I'll get my 100, then you           
 have an anxiety problem and we shouldn't have to have anxiety                 
 problems in harvesting our foods."                                            
                                                                               
 Number 175                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he thinks he agrees because he doubts                 
 seriously that we're talking about any major impact on the                    
 resources.                                                                    
                                                                               
 MR. ANDERSON said if they were allowed to get what they need on the           
 first trip, it would save the people having to run back and forth             
 for five trips.  He said from there, you could go into a personal             
 use category.  Mr. Anderson indicated that he thinks the problem is           
 that when we came up with the word "subsistence," people said, "I             
 have to use it or I'm going to lose it."  If they could stick to              
 their traditional foods, a lot of the fighting would probably go              
 away.  He said, "Back in 1978 or 1979, we were going to change our            
 subsistence (indisc.) way and we just -- that word `subsistence'              
 crept into our vocabulary and everybody felt that was the end of              
 all of our fisheries, but if you look at it our fish - fisheries is           
 just as strong now as it was - or even stronger than before.  So,             
 if -- it's just a schematic deal that I feel that if we could work            
 through, everybody wouldn't be obligated to go and use subsistence.           
 I know I've talked to a lot of people, they feel that if `I don't             
 use it - use subsistence and get my name on that permit,' and when            
 the feds take over or the state and my name is not there, I won't             
 be able to go out and get a personal use type fishing thing."                 
                                                                               
 Number 207                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said, "In all of our hearings so far the people            
 that have testified, many people - Native peoples particularly who            
 have relied upon what we now call `subsistence' and they say `We              
 don't know where that word came from, we never called it                      
 subsistence' and you just put it in the right words, `it was our              
 traditional and customary taking of food and game and other                   
 renewable resources.'  You know maybe we have attached too much               
 significance to the name and not enough to the user friendly                  
 management of the resources for the different types of purposes.              
 So, that's something that we'll take a look at and we'll suggest to           
 look at it because, in some respects, it may be just a matter of              
 regulation changes.  Certainly -- you know it's really easy for the           
 fisheries people to say you can only take 25 and that's not                   
 adequate, and it certainly wouldn't be harmful if you were able to            
 take a 100, for example, in some instances, as long it's used for             
 other than resale or commercial value."                                       
                                                                               
 Number 207                                                                    
                                                                               
 THOMAS SKEEK, JR., Ninth Grade Student, testified via                         
 teleconference from Kake.  He informed the committee is speaking on           
 behalf of his family.  Mr. Skeek told the committee members that in           
 May, 1997, he was cited for illegally snagging an undersized                  
 steelhead out of the same fishing stream that his father has taken            
 him to since he was five years of age.  He stated he feels he                 
 should be able to fish in the same way as his father and                      
 grandfather did as it is tradition.  The first catch would have               
 gone to his grandmother because that is also tradition and they               
 give their first catch away for good luck.  Mr. Skeek said he did             
 not like how the Department of Fish and Game treated him and his              
 father as they have fished that same way for years.                           
                                                                               
 Number 230                                                                    
                                                                               
 CO-CHAIRMAN HUDSON asked Mr. Skeek if he received a fine.                     
                                                                               
 Number 231                                                                    
                                                                               
 MR. SKEEK responded he received a $300 fine with $200 suspended,              
 and probation for one year.                                                   
                                                                               
 Number 234                                                                    
                                                                               
 CO-CHAIRMAN HUDSON asked him if the fine was for an illegal sized             
 fish.                                                                         
                                                                               
 Number 240                                                                    
                                                                               
 MR. SKEEK indicated it was also illegally caught - snagged.                   
                                                                               
 CO-CHAIRMAN HUDSON asked Mr. Skeek how he was treated.                        
                                                                               
 MR. SKEEK said he wouldn't say he was treated harsh, but the way he           
 thinks of it is they should be able to fish they way they want to             
 so they can catch their crop for the winter.  He stated subsistence           
 should be different than personal use.                                        
                                                                               
 Number 256                                                                    
                                                                               
 KATHY HANSEN, Executive Director, United Southeast Alaska                     
 Gillnetters Association, testified via teleconference from Juneau.            
 She informed the committee members that her organization has not              
 actually had time to meet as many members are still fishing, but              
 she said she does have some comments.  Ms. Hansen indicated they do           
 not want the federal government to take over the fisheries as they            
 believe it will cause kayos and ultimately the only thing that will           
 get hurt is the resource.  She referred to when the federal and               
 state governments work together, unfortunately the right hand never           
 seems to know what the left hand is doing.  When the resource is              
 damaged for one year, unfortunately it goes on for several cycles.            
 She stated her organization feels very strongly about prohibiting             
 the sale of subsistence caught fish on the commercial market.  They           
 would also like to see that the subsistence priority is triggered             
 in times of shortage and that it not be a priority all the time.              
 Ms. Hansen said, "I think right now we already manage to see that             
 there is fish and other resources for the subsistence use and I               
 think that would still happen anyways.  I think the more drastic              
 guarantees of fish being there for them need to come in times of              
 shortage."                                                                    
                                                                               
 MS. HANSEN said she would like to see a definition of "subsistence"           
 as everybody has a different thought of what subsistence is.  She             
 indicated that maybe one of the ways to help solve this issue is to           
 figure out what we're talking about.  She thanked the committee for           
 the opportunity to speak.                                                     
                                                                               
 Number 286                                                                    
                                                                               
 CO-CHAIRMAN HUDSON informed Ms. Hansen that the committee would               
 appreciate written testimony from her organization when they do               
 meet.                                                                         
                                                                               
 MS. HANSEN indicated she would forward written testimony to the               
 committee.                                                                    
                                                                               
 Number 319                                                                    
                                                                               
 MR. PAUL who testified earlier from Sitka indicated he had more               
 comments.  He said, "What I'm wanting to expand on is a question              
 that I think came from Mr. Dyson from Eagle River.  He asked Helen            
 Drury if there were any species that she can identify that are                
 gone.  The reason that I said `strongly support the federal taking            
 it over,' you know the troops aren't going to come marching in on             
 October 2.  But an example of what state management has done for              
 the tribe here in Sitka, this past year the sac roe fishery --                
 there was strong faction in the tribe that want the tribal and                
 ANB/ANS to pursue getting a moratorium or shut the sac roe fishery            
 down because the herring egg is a major part of our diet.  Now the            
 tribe -- this last year the state brought in the Board of Fish and            
 we had hearings here in Sitka at our Centennial Hall and they told            
 us that was a major victory getting the Board of Fish to come to              
 Sitka to meet with us.  And then we submitted a proposal for a ten            
 year moratorium and a proposal for increase the threshold and the             
 threshold for taking poundage of that sac roe herring roe was twice           
 what we had submitted.  And we were told that was a major victory             
 too because the Board of Fish gave us a higher poundage and                   
 threshold than we had originally asked for.  But then a week after            
 all these victories that we were told we were given, the sac roe              
 fishery occurred and the headlines in the newspaper is the                    
 individual that the Board of Fish and the fishery came up with the            
 highest ever fishing poundage of sac roe that has ever happened.              
 So, on one hand we're saying that we're cutting back the amount               
 that can be allowed to be taken, and then a week later the                    
 department of the state or the board or the fish and game comes in            
 and allows a record catch for that.  Now this last year -- usually            
 this is time of year when you go to a official Native function - a            
 dinner at ANB/ANS, a SEARHC Board meeting or anything, one of the             
 major things you're going to have on the table is going to be                 
 herring eggs and this last spring haven't seen that much of it.               
 You know so that is an example of why I feel that maybe we're                 
 better off with the federal government in there.  That's all I                
 have.  Thank you for allowing me to add that."                                
                                                                               
 Number 365                                                                    
                                                                               
 MR. COOSE, who testified earlier, came before the committee to ask            
 a question.  He asked if the committee has access to the testimony            
 he gave to the Governor's task force concerning the item by item              
 things on the Governor's proposal.  He asked if he needs to                   
 resubmit it to the committee.                                                 
                                                                               
 CO-CHAIRMAN HUDSON urged him to give it to the committee as they              
 are a separate body.                                                          
                                                                               
 Number 372                                                                    
                                                                               
 MR. SKEEK, who testified earlier from Kake, said he believes sports           
 fishing laws should be different from subsistence laws.  He fishes            
 for food he will eat.  Mr. Skeek said he does not catch, kill and             
 throw away the fish.  This saves him a lot of money during the                
 wintertime and summertime.                                                    
                                                                               
 Number 302                                                                    
                                                                               
 PETER AMUNDSON came before the committee members to testify.  He              
 explained he is a third generation Alaskan.  Mr. Amundson said,               
 "I've grown up with Bill Williams.  We started in the third grade             
 together in Ketchikan.  We fought real hard even in 1945 to                   
 statehood to get along with each other within our own community.              
 I wish the federal government would fight as hard for our                     
 individual rights as we have fought to save it.  There shouldn't be           
 any discrimination over the animals, and maybe we should think                
 about categorizing and putting human resource at the head of this             
 list.  If we're going to go against the Marine Mammal Act to make             
 special circumstances for regions of the state that goes against              
 our own constitution, statewide, why should the federal government            
 think of any difference to go against us all on subsistence?  If              
 we're going to divide our resources equally amongst the people,               
 whether we're Native, non-Native -- I don't like the word non-                
 Native because I am a native Alaskan, but I consider myself a White           
 native, not a non-Native.  `Non' means you don't exist.  I exist.             
 Me and Bill have fought for the same rights in the same community.            
 We can remember times when we couldn't shop in the same stores in             
 Ketchikan and when we couldn't sit in loges in the theater                    
 together.  We've overcome this within ourselves.  The federal                 
 government didn't help us a bit.  This thing has got -- every time            
 they bring on a new act or a new statute, it's always the people              
 are getting divided.  We're not coming together over this resource            
 management thing.  It's becoming a division, it's pushing us back             
 into a situation that we've never been in before.  I've had a lot             
 of bad feelings.  I went through these university books, the                  
 statutes that are written by people that haven't even been to                 
 Alaska and they're trying to control our lives.  The university               
 came out with this Alaska Review Magazine about 20 years too late.            
 The federal government does it to us every time.  They push us into           
 circumstances that we've never been into and they try to make a new           
 statute out of what they've done.  Take the people in Metlakatla              
 over there.  They want to do a special thing with them so they put            
 them out of business.  They take American Can Company and turn it             
 over to Ball Jar and Ball Jar comes in and these people are out               
 their cannery.  They come in and strip all the canning equipment              
 out of it.  This is government move, this isn't people movement,              
 this is government movement.  I don't think the people in Alaska,             
 the work force, can support government in the direction that they             
 want to move in.  I think government is getting bigger than the               
 work force can support and they're looking for alternatives to get            
 out of it.  I don't know what else I can say.  The resources aren't           
 being divided equally in the state and I think Sealaska set a bad             
 precedence in taking their profit and dividing it up amongst the              
 regional corporations when they knew there are corporations out               
 there that can't pay back or that can't get this evolving in the              
 same direction that they got the monies going out to it.  I think             
 we're all equal to federal aid if it's available, but where does              
 this federal aid keep coming from?  If they can't balance the                 
 budget and the state can't balance the budget and they're trying to           
 drive a wedge in between us, where is the money going to come to              
 compensate for it?  Thank you."                                               
                                                                               
 Number 441                                                                    
                                                                               
 CO-CHAIRMAN HUDSON said he believes everyone has testified.  He               
 urged that people who were unable to testify to submit written                
 testimony to his office.  He said he would remind everyone that               
 there will be additional legislative hearings regarding subsistence           
 on September 24th in Fairbanks, September 25th in the Mat-Su,                 
 September 26th in Kenai and September 27th in Anchorage.  He noted            
 the public can get the meet times by contacting their local                   
 legislative office or the Ketchikan legislative information office.           
 He thanked everybody for their testimony and said he thinks it will           
 be helpful in solving this problem.  He noted what probably worries           
 him more than anything else is management by multiple layers.                 
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 496                                                                    
                                                                               
 CO-CHAIRMAN HUDSON adjourned the House Resources Committee meeting            
 at 8:00 p.m.                                                                  
                                                                               

Document Name Date/Time Subjects