Legislature(1997 - 1998)

04/14/1998 05:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                    
                   April 14, 1998                                              
                     5:10 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Bill Hudson, Co-Chairman                                        
Representative Scott Ogan, Co-Chairman                                         
Representative Beverly Masek, Vice Chair                                       
Representative Ramona Barnes                                                   
Representative Fred Dyson                                                      
Representative Joe Green                                                       
Representative Irene Nicholia                                                  
Representative Reggie Joule                                                    
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative William K. (Bill) Williams                                      
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 341                                                            
"An Act relating to agricultural land; and providing for an                    
effective date."                                                               
                                                                               
     - MOVED SB 341 OUT OF COMMITTEE                                           
                                                                               
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 236(RES)                              
"An Act extending the termination date of the Citizens' Advisory               
Commission on Federal Areas in Alaska; and providing for an                    
effective date."                                                               
                                                                               
     - MOVED CSSB 236(RES) OUT OF COMMITTEE                                    
                                                                               
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 262(RES)                              
"An Act relating to regulation of hunting and trapping, to the                 
definition of 'sustained yield,' and to controlled use areas."                 
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: SB 341                                                                   
SHORT TITLE: AGRICULTURAL LAND BILL FIX                                        
SPONSOR(S): STATE AFFAIRS                                                      
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 3/12/98      2843     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 3/12/98      2844     (S)  RESOURCES                                          
 3/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/24/98               (S)  RLS AT 11:45 AM FAHRENKAMP RM 203                  
 3/24/98               (S)  MINUTE(RLS)                                        
 3/24/98      2970     (S)  RES RPT  5DP                                       
 3/24/98      2970     (S)  DP: HALFORD, TAYLOR, LINCOLN,                      
 3/24/98      2970     (S)  SHARP, GREEN                                       
 3/24/98      2970     (S)  ZERO FISCAL NOTE (DNR)                             
 4/01/98      3092     (S)  RULES TO CALENDAR  4/1/98                          
 4/01/98      3093     (S)  READ THE SECOND TIME                               
 4/01/98      3093     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/01/98      3093     (S)  READ THE THIRD TIME  SB 341                        
 4/01/98      3094     (S)  PASSED Y20 N-                                      
 4/01/98      3094     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
 4/01/98      3094     (S)  ELLIS  NOTICE OF RECONSIDERATION                   
 4/02/98      3117     (S)  RECONSIDERATION NOT TAKEN UP                       
 4/02/98      3118     (S)  TRANSMITTED TO (H)                                 
 4/03/98      2865     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/03/98      2866     (H)  RESOURCES                                          
 4/09/98               (S)  MINUTE(L&C)                                        
 4/14/98               (H)  RES AT  5:00 PM CAPITOL 124                        
                                                                               
BILL: SB 236                                                                   
SHORT TITLE: CITIZENS ADVISORY COM ON FED AREAS IN AK                          
SPONSOR(S): LABOR & COMMERCE                                                   
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/14/98      2194     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 1/14/98      2194     (S)  RES, FIN                                           
 2/20/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 2/20/98               (S)  MINUTE(RES)                                        
 3/09/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/09/98               (S)  MINUTE(RES)                                        
 3/10/98      2806     (S)  RES RPT  PROPOSED COMMITTEE                        
                            SUBSTITUTE 5DP SAME TITLE                          
 3/10/98      2806     (S)  DP: HALFORD, TORGERSON, SHARP                      
 3/10/98      2806     (S)  GREEN, LEMAN                                       
 3/10/98      2806     (S)  FISCAL NOTE TO SB & PROPOSED                       
                            COMMITTEE SUBSTITUTE (DNR)                         
 3/27/98               (S)  FIN AT  8:00 AM SENATE FINANCE 532                 
 3/27/98      3028     (S)  FIN RPT  3DP 2NR (HOUSE RESOURCES                  
                            STANDING COMMITTEE)PROPOSED                        
                            COMMITTEE SUBSTITUTE                               
 3/27/98      3028     (S)  DP: PEARCE, PHILLIPS, TORGERSON;                   
 3/27/98      3028     (S)  NR: ADAMS, DONLEY                                  
 3/27/98      3028     (S)  PREVIOUS FN (DNR)                                  
 3/30/98               (S)  RLS AT  4:00 PM FAHRENKAMP RM 203                  
 3/31/98      3069     (S)  RULES TO CALENDAR  3/31/98                         
 3/31/98      3070     (S)  READ THE SECOND TIME                               
 3/31/98      3070     (S)  RES  PROPOSED COMMITTEE SUBSTITUTE                 
                            ADOPTED UNAN CONSENT                               
 3/31/98      3070     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 3/31/98      3070     (S)  READ THE THIRD TIME  CSSB 236(RES)                 
 3/31/98      3071     (S)  PASSED Y19 N- E1                                   
 3/31/98      3071     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
 3/31/98      3071     (S)  ELLIS  NOTICE OF RECONSIDERATION                   
 4/01/98      3096     (S)  RECON TAKEN UP - IN THIRD READING                  
 4/01/98      3097     (S)  PASSED ON RECONSIDERATION Y19 N1                   
 4/01/98      3097     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
 4/01/98      3098     (S)  TRANSMITTED TO (H)                                 
 4/02/98      2848     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/02/98      2849     (H)  RESOURCES, FINANCE                                 
 4/14/98               (H)  RES AT  5:00 PM CAPITOL 124                        
                                                                               
BILL: SB 262                                                                   
SHORT TITLE: MANAGEMENT OF HUNTING                                             
SPONSOR(S): SENATOR(S) TAYLOR                                                  
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/27/98      2318     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 1/27/98      2318     (S)  RESOURCES                                          
 2/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 2/23/98               (S)  MINUTE(RES)                                        
 3/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/24/98               (S)  RLS AT 11:45 AM FAHRENKAMP RM 203                  
 3/24/98               (S)  MINUTE(RLS)                                        
 3/24/98      2969     (S)  RES RPT  PROPOSED COMMITTEE                        
                            SUBSTITUTE 5DP 1DNP NEW TITLE                      
 3/24/98      2970     (S)  DP: HALFORD, TAYLOR, SHARP, GREEN,                 
 3/24/98      2970     (S)  TORGERSON; DNP: LINCOLN                            
 3/24/98      2970     (S)  ZERO FISCAL NOTE TO SB & PROPOSED                  
                            COMMITTEE SUBSTITUTE (F&G)                         
 4/01/98      3092     (S)  RULES TO CALENDAR  4/1/98                          
 4/01/98      3092     (S)  READ THE SECOND TIME                               
 4/01/98      3093     (S)  RES  PROPOSED COMMITTEE SUBSTITUTE                 
                            ADOPTED UNAN CONSENT                               
 4/01/98      3093     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/01/98      3093     (S)  READ THE THIRD TIME  CSSB 262(RES)                 
 4/01/98      3093     (S)  PASSED Y14 N6                                      
 4/01/98      3093     (S)  ELLIS  NOTICE OF RECONSIDERATION                   
 4/02/98      3117     (S)  RECONSIDERATION NOT TAKEN UP                       
 4/02/98      3117     (S)  TRANSMITTED TO (H)                                 
 4/03/98      2865     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/03/98      2865     (H)  RESOURCES, FINANCE                                 
 4/14/98               (H)  RES AT  5:00 PM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
LAURA "JANEY" WINEINGER, Researcher                                            
   for Senator Lyda Green                                                      
Alaska State Legislature                                                       
Capitol Building, Room 125                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-6600                                                     
POSITION STATEMENT:  Provided sponsor statement for SB 341.                    
                                                                               
CAROL CARROLL, Director                                                        
Division of Support Services                                                   
Department of Natural Resources                                                
400 Willoughby Avenue                                                          
Juneau, Alaska 99801-1724                                                      
Telephone:  (907) 465-3502                                                     
POSITION STATEMENT:  Provided testimony in support of SB 341.                  
                                                                               
ANNETTE KREITZER, Legislative Assistant                                        
   to Senator Loren Leman                                                      
Alaska State Legislature                                                       
Capitol Building, Room 113                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2095                                                     
POSITION STATEMENT:  Provided sponsor statement for SB 236.                    
                                                                               
STAN LEAPHART, Executive Director                                              
Citizens' Advisory Commission on Federal Areas in Alaska                       
3700 Airport Way                                                               
Fairbanks, Alaska 99709-4699                                                   
Telephone:  (907) 451-2775                                                     
POSITION STATEMENT: Answered questions of the committee members of             
                    SB 236.                                                    
                                                                               
TINA CUNNING, State-Federal Issues                                             
ANILCA Coordinator                                                             
Department of Fish and Game                                                    
333 Raspberry Road                                                             
Anchorage, Alaska 99518                                                        
Telephone:  (907) 267-2248                                                     
POSITION STATEMENT:  Provided testimony in support of SB 236.                  
                                                                               
MEL KROGSENG, Legislative Administrative Assistant                             
   to Senator Robin Taylor                                                     
Alaska State Legislature                                                       
Capitol Building, Room 30                                                      
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-3873                                                     
POSITION STATEMENT:  Provided sponsor statement for SB 262.                    
                                                                               
KEN TAYLOR, Deputy Director                                                    
Division of Wildlife Conservation                                              
Department of Fish and Game                                                    
P.O. Box 25526                                                                 
Juneau, Alaska 99802-5526                                                      
Telephone:  (907) 465-4190                                                     
POSITION STATEMENT:  Provided testimony in opposition to SB 262.               
                                                                               
WAYNE REGELIN, Director                                                        
Division of Wildlife Conservation                                              
Department of Fish and Game                                                    
P.O. Box 25526                                                                 
Juneau, Alaska 99802-5526                                                      
Telephone:  (907) 465-4190                                                     
POSITION STATEMENT:  Provided testimony in opposition to SB 262.               
                                                                               
GABE SAM, Director of Wildlife and Parks                                       
Tanana Chiefs Conference, Incorporated                                         
122 First Avenue, Suite 600                                                    
Fairbanks, Alaska 99701-4897                                                   
Telephone:  (907) 452-8251                                                     
POSITION STATEMENT:  Provided testimony in opposition to SB 262.               
                                                                               
TIMOTHY C. ANDREW, Director of Natural Resources                               
Association of Village Council Presidents                                      
Pouch 219                                                                      
Bethel, Alaska 99559                                                           
Telephone:  (907) 543-3521                                                     
POSITION STATEMENT:  Provided testimony in opposition to SB 262.               
                                                                               
HERMAN MORGAN, Chairman                                                        
Central Kuskokwim Fish and Game Advisory Committee                             
(Address not provided)                                                         
Telephone:  (907) 675-4393                                                     
POSITION STATEMENT:  Provided testimony in opposition to SB 262.               
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-46, SIDE A                                                             
Number 001                                                                     
                                                                               
CO-CHAIRMAN SCOTT OGAN called the House Resources Standing                     
Committee meeting to order at 5:10 p.m.  Members present at the                
call to order were Representatives Hudson, Ogan, Masek, Green and              
Dyson.  Representatives Joule, Barnes and Nicholia arrived at 5:13             
p.m., 5:17 p.m., and 5:24 p.m., respectively.                                  
SB 341 - AGRICULTURAL LAND BILL FIX                                            
                                                                               
CO-CHAIRMAN OGAN announced the first order of business was Senate              
Bill Number 341, "An Act relating to agricultural land; and                    
providing for an effective date."                                              
                                                                               
CO-CHAIRMAN OGAN called on Laura "Janey" Wineinger, staff to                   
Senator Lyda Green, sponsor of the bill.                                       
                                                                               
Number 023                                                                     
                                                                               
LAURA "JANEY" WINEINGER, Researcher for Senator Lyda Green, Alaska             
State Legislature, stated in the bill packet there is a sponsor                
statement; and letters of support from the Department of Natural               
Resources (DNR), the Alaska Revolving Loan Fund (ARLF), and the                
Matanuska-Susitna Borough (Mat-Su Borough).                                    
                                                                               
MS. WINEINGER explained SB 109 that passed last year inadvertently             
included Tract 30 at Point MacKenzie.  Tract 30 has a split title              
whereby the borough retained the development rights and the state              
retained the agriculture rights.  Senate Bill 341, therefore, would            
exclude Tract 30 out of SB 109 already in law.  It is a very simple            
bill.  It has passed the other body.                                           
                                                                               
Number 057                                                                     
                                                                               
CO-CHAIRMAN BILL HUDSON asked Ms. Wineinger whether the bill has               
any bearing on Tract 30 other than to exclude it and leave the                 
joint ownership to other concerns.                                             
                                                                               
Number 067                                                                     
                                                                               
MS. WINEINGER replied, "Correct."  There is a party interested in              
buying Tract 30 from the Mat-Su Borough.  The agricultural rights              
will be retained, but the developmental rights to it can be                    
purchased by a buyer from the borough.  It is similar to Tract 31,             
but it was not included in the bill last year like Tract 30.                   
                                                                               
CO-CHAIRMAN OGAN announced the arrival of Representative Joule.                
                                                                               
Number 103                                                                     
                                                                               
CAROL CARROLL, Director, Division of Support Services, Department              
of Natural Resources, stated the department supports the bill.                 
There was a problem with SB 109 because it didn't own all of the               
rights to Tract 30 and the bill would fix it.                                  
                                                                               
Number 114                                                                     
                                                                               
REPRESENTATIVE FRED DYSON made a motion to move SB 341 from the                
committee with individual recommendations and the attached fiscal              
note(s).  There being no objection, SB 341 was so moved from the               
House Resources Standing Committee.                                            
CSSB 236(RES) - CITIZENS ADVISORY COM ON FED AREAS IN AK                       
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was CSSB
236(RES), "An Act extending the termination date of the Citizens'              
Advisory Commission on Federal Areas in Alaska; and providing for              
an effective date."                                                            
                                                                               
CO-CHAIRMAN OGAN called on Annette Kreitzer, staff to the Senate               
Labor and Commerce Standing Committee, sponsor of the bill.                    
                                                                               
Number 129                                                                     
                                                                               
ANNETTE KREITZER, Legislative Assistant to Senator Loren Leman,                
Chairman, Senate Labor and Commerce Standing Committee, Alaska                 
State Legislature, stated the bill extends the expiration of the               
Citizens' Advisory Commission on Federal Areas in Alaska for                   
another five years - June 30, 2003.  The commission does not have              
a wind-down year following its expiration, therefore, it would                 
cease to exist after June 30, 1998, if not extended by the                     
legislature.  The commission is tasked with the following duties:              
                                                                               
          Evaluate federal management, operation, planning,                    
          development for consistency with federal law and                     
          congressional intent;                                                
                                                                               
          Hold hearings on the impact of federal regulations                   
          and federal management decisions;                                    
                                                                               
          Make recommendations to state or federal land                        
          agencies;                                                            
                                                                               
          Report annually to the governor and the                              
          legislature.                                                         
                                                                               
Number 148                                                                     
                                                                               
REPRESENTATIVE JOE GREEN asked Ms. Kreitzer whether the commission             
has ever held a hearing on Secretary Babbitt's interpretation of               
Title VIII of the Alaska National Interest Lands Conservation Act              
(ANILCA).                                                                      
                                                                               
MS. KREITZER replied she is not aware of any hearing.  Stan                    
Leaphart, Executive Director of the Citizens' Advisory Commission              
on Federal Areas in Alaska is online to answer any questions about             
the day-to-day activities of the commission.                                   
                                                                               
Number 163                                                                     
                                                                               
STAN LEAPHART, Executive Director, Citizens' Advisory Commission on            
Federal Areas in Alaska, testified via teleconference in Fairbanks.            
The commission has not held a hearing on the subsistence issue                 
since shortly after the original federal takeover in 1990.  "We had            
a significantly different membership then.  We held a statewide                
teleconference, made a recommendation at that time - which I don't             
think we would make again today - to implement--suggest a                      
constitutional amendment.  That was the last time we have held any             
sort of hearing on ANILCA, Title VIII.  We've not been inactive on             
the issue, rather we continue to monitor the federal program to                
make sure that at least those people that qualify under the federal            
program are getting a fair shake under that system."                           
                                                                               
Number 187                                                                     
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart whether Alaska's                       
congressional delegation is responsive and takes recommendations               
from the group.                                                                
                                                                               
MR. LEAPHART replied, "Yes."  The commission has made                          
recommendations to the delegation on a wide range of issues.  They             
are not always responsive to every recommendation, but the                     
commission submits on a routine basis copies of its comments and               
recommendations.                                                               
                                                                               
Number 206                                                                     
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart whether a federal                      
interpretation has ever been stopped or modified with a                        
recommendation by the commission.  "The reason I'm asking is that              
to extend this for a reasonably high fiscal note--I'm just                     
wondering what we're getting for that in the arena that we find                
ourselves in now trying to budget cut.  I'm wondering what we're               
getting for this kind of money.  If it's just to maintain something            
that has been effective or ineffectively.  And, I'm just wondering             
if you can show me something that we're getting for that."                     
                                                                               
MR. LEAPHART replied a lot of the issues that the commission deals             
with are obscure and esoteric.  The commission spends a lot of time            
looking at proposed federal regulations and proposed management                
plans.  The commission has made some significant differences on a              
number of occasions.  As a new employee in 1982, the commission was            
working on the issue of commercial fishing in Glacier Bay National             
Park and Preserve.  The commission can't say that it has solved the            
issue, but there still is commercial fishing in the bay today.  In             
addition, the commission has helped individuals around the state to            
secure permits for guiding activities in order to access cabins on             
federal parks and refuges.  It is a little difficult to say                    
conclusively where the commission has made a difference on a                   
particular issue, but it has made a good bit of difference on a lot            
of small issues.  The commission has an invaluable institutional               
memory.  In other words, it reminds federal agencies of their                  
promises made 10 to 15 years ago that they don't remember because              
of personnel turnover.  The commission has been very effective in              
that regard.                                                                   
                                                                               
CO-CHAIRMAN OGAN wondered why Representative Green was concerned               
about the congressional delegation following the commission's                  
recommendations when they don't follow all of the legislature's                
recommendations.                                                               
                                                                               
REPRESENTATIVE GREEN replied that furthers his point.  What do we              
get for this bill? he asked.                                                   
                                                                               
CO-CHAIRMAN OGAN announced that Representative Nicholia has joined             
the meeting.                                                                   
                                                                               
Number 256                                                                     
                                                                               
REPRESENTATIVE RAMONA BARNES stated, before the commission was                 
established in state law, there was the Federal Land Use Planning              
Commission.  It went by the wayside, and the citizens' commission              
was established by Senator Betty Fahrenkamp when the state was                 
fighting ANILCA in Washington D.C.  It has been an effective                   
committee.  It puts Alaska's voice before federal agencies, and the            
legislature has put very little money into it over the years.  The             
commission should not only continue, but it needs to be funded                 
adequately.                                                                    
                                                                               
Number 303                                                                     
                                                                               
REPRESENTATIVE GREEN asked Representative Ogan and Hudson what has             
happened since they have been members of the commission.                       
                                                                               
Number 309                                                                     
                                                                               
CO-CHAIRMAN OGAN replied he went to a meeting this year, but had to            
leave because of session duties.  He knows for a fact that the                 
commission is very active and is needed to watch federal-state                 
issues.                                                                        
                                                                               
CO-CHAIRMAN HUDSON replied he has not attended a meeting yet.  He              
just found out that he is a member of the commission.  He has read             
the reports submitted, however.  It appears that the commission has            
been advocating for the continuation of commercial and subsistence             
fishing in Glacier Bay National Park and Preserve against a very               
aggressive national park service - a concern of his.  He intends to            
get into the middle of the issue as an advocate.                               
                                                                               
REPRESENTATIVE GREEN stated he is concerned that the commission has            
lost its "umph" on federal issues.  He has never heard from the                
group.  He wondered whether it is just gliding or actively and                 
aggressively doing something.                                                  
                                                                               
Number 346                                                                     
                                                                               
REPRESENTATIVE BARNES stated Representative Al Vezey indicated it              
is one of the best committees that he has ever served on.  It is a             
very active committee, according to the public members, despite the            
fact that Representatives Ogan and Hudson recently just found out              
they are members.                                                              
                                                                               
Number 358                                                                     
                                                                               
REPRESENTATIVE DYSON asked Representative Barnes whether the intent            
of the commission when established was to have a feedback loop from            
the congressional delegation.                                                  
                                                                               
REPRESENTATIVE BARNES replied there has been feedback between the              
commission and the congressional delegation.  In addition, the                 
commission doesn't just interact with the congressional delegation,            
it also interacts with federal agencies.  Most often, it is the                
only agency that looks after the interest of the state with respect            
to the federal agencies.                                                       
                                                                               
REPRESENTATIVE DYSON asked Mr. Leaphart whether the congressional              
delegation regularly inquires about the commission's opinion and               
analysis on federal legislation affecting Alaska's lands.                      
                                                                               
Number 391                                                                     
                                                                               
MR. LEAPHART replied the commission routinely submits a copy of all            
of its comments to the congressional delegation.  They don't always            
solicit, but the commission always provides.  Sometimes there is               
feedback and sometimes there isn't, but the commission always                  
advises the congressional delegation on its recommendations and                
positions on particular issues.                                                
                                                                               
REPRESENTATIVE DYSON asked Mr. Leaphart whether the congressional              
delegation has always solicited the commission's views.                        
                                                                               
MR. LEAPHART replied, "Yes."  The commission does not have a high              
profile like it used to.  It used to have five people on staff.                
Now, he is the only staff member and works a reduced year because              
of funding.  The commission, therefore, is somewhat less effective             
than what it used to be simply because of personnel and budget                 
reductions.  It tries to do the best it can with what is has,                  
however.                                                                       
                                                                               
MR. LEAPHART further stated there was a tremendous amount of                   
feedback and input on bills proposed in 1992 and 1993 on the                   
Glacier Bay commercial fishing issue, as well as this year.  In                
addition, there were extensive comments and input on Representative            
Young's Wildlife Refuge Management Act passed last year that were              
incorporated.                                                                  
                                                                               
Number 422                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Leaphart whether the commission works               
with other federal agencies when implementing regulation changes.              
                                                                               
MR. LEAPHART replied, "Yes."  He checks in with the Secretary's                
office once a week in Anchorage to discuss any issues on the table.            
He just reviewed a management plan for Denali National Park and                
Preserve that would be a disaster, if implemented, and submitted               
strong feedback to that agency.  He checks routinely with both                 
individual unit managers, staff of the parks and refuges, and                  
regional offices.                                                              
                                                                               
Number 436                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Leaphart to put him on the list for a               
weekly or at least a bi-weekly check to keep him abreast of what is            
going on with the different federal regulatory agencies that the               
legislature should be involved in.                                             
                                                                               
MR. LEAPHART replied he would be happy to make sure he gets a copy             
of the issue updates.                                                          
                                                                               
CO-CHAIRMAN OGAN stated he would like to get a monthly phone call              
from Mr. Leaphart, assuming that the bill passes.                              
                                                                               
MR. LEAPHART replied he would be happy to do that.                             
                                                                               
Number 450                                                                     
                                                                               
REPRESENTATIVE GREEN stated the fiscal note refers to travel and               
per diem for commission members for two meetings a year.  He asked             
Mr. Leaphart what is done at the meetings and are they held in                 
Fairbanks.                                                                     
                                                                               
Number 456                                                                     
                                                                               
MR. LEAPHART replied the commission tries to meet in Juneau during             
the session because of its legislative members.  The last meeting              
was on March 27, 1998.  It also tries to meet in Anchorage during              
the fall.  Summers are too difficult for the members to try to                 
meet.                                                                          
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart whether there is a pretty              
good membership turnout.                                                       
                                                                               
MR. LEAPHART replied, "Yes."  There were 13 at the last meeting.               
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart whether the meetings are               
for one or two days.                                                           
                                                                               
MR. LEAPHART replied the last meeting was for just one day.                    
                                                                               
REPRESENTATIVE GREEN stated the fiscal note primarily addresses                
travel expenses.                                                               
                                                                               
MR. LEAPHART replied the travel expenses for the meeting in Juneau             
were pretty substantial.                                                       
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart what was accomplished at               
the meeting.                                                                   
                                                                               
MR. LEAPHART replied he could copy him on the recommendations that             
were adopted.  The commission adopted a letter to the director of              
the USDA Forest Service opposing the road moratorium in the                    
national forest system.  The commission also voted to support the              
Bureau of Land Management's (BLM) recommendation to not designate              
Squirrel River as wild and scenic.  The commission also adopted to             
prepare a letter to the congressional delegation asking them to                
make a legislative conveyance of the remaining federal lands in the            
Dalton Highway-Haul Road corridor.  The commission also adopted to             
write to the BLM and ask for a comprehensive review of all public              
land orders still in existence in Alaska.                                      
                                                                               
Number 491                                                                     
                                                                               
REPRESENTATIVE GREEN asked Mr. Leaphart whether subsistence was on             
the agenda and has the commission come up with any suggestions.                
                                                                               
MR. LEAPHART replied the commission has not addressed the                      
subsistence issue directly for quite sometime.  At a meeting in                
1996, it was decided to avoid the subsistence issue because it has             
the capacity to blow up on its own, based on a recommendation by               
Senator Rick Halford.  As an advisory group, there is not a whole              
lot it can do other than to monitor the ongoing federal program as             
long as it remains in place.                                                   
                                                                               
Number 509                                                                     
                                                                               
REPRESENTATIVE REGGIE JOULE suggested appointing members from the              
minority because they seem to have a bit more time to attend the               
meetings.                                                                      
                                                                               
CO-CHAIRMAN OGAN replied he wouldn't go into minority-member                   
attendance in this committee.                                                  
                                                                               
Number 522                                                                     
                                                                               
TINA CUNNING, State-Federal Issues,  ANILCA Coordinator, Department            
of Fish and Game, testified via teleconference in Anchorage.  The              
department supports the continuation of the Citizens' Advisory                 
Commission on Federal Areas in Alaska.  Although the commission                
might not be able to rattle off its victories and gains, the mere              
fact that it is there provides a tremendous resource for the                   
public.  The department monitors the regulations and planning                  
documents as they affect the department's management authority and             
the public's ability to use them.  The commission is much more                 
effective in lobbying and working on behalf of individual public               
members.  For example, the commission reviewed the Chugach National            
Forest Management Plan update and caught the identified 23 wild and            
scenic river recommendations.  The commission also monitors Title              
11, access to transportation and utility regulations that went                 
through an extensive lawsuit.  It was settled out of court                     
partially due to efforts of the commission working with the                    
Interior on access for inholders.  The department also recently                
provided a training on the public trust doctrine for the commission            
members.  The commission can provide a lot of help to the public               
that the department can't advocate for directly, therefore, it is              
important to keep them informed on the public trust doctrine.                  
                                                                               
Number 572                                                                     
                                                                               
MS. KREITZER stated the commission has also been active with the               
American Heritage Rivers Initiative, an issue of great concern to              
many Alaskans.  There were no hearings in Alaska on the initiative.            
The commission did not support it and made it very clear to the                
congressional delegation.                                                      
                                                                               
Number 583                                                                     
                                                                               
REPRESENTATIVE IRENE NICHOLIA stated there are a lot of federal                
areas in rural Alaska, but there aren't a lot of rural                         
representatives on the commission.  She would like to see them                 
included in the future.                                                        
                                                                               
Number 590                                                                     
                                                                               
REPRESENTATIVE BARNES stated in the past there have been a number              
of rural representatives on the commission.  The legislative                   
delegation changes every two years.  The public members change                 
frequently as well.                                                            
                                                                               
Number 597                                                                     
                                                                               
REPRESENTATIVE NICHOLIA stated she would just like to see the                  
continuation of a rural representation on the commission.                      
                                                                               
Number 599                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated the Act requires a representative from               
each judicial district in the state.  If that hasn't been followed,            
it should be looked into.                                                      
                                                                               
MS. KREITZER stated the governor has a big role to play by                     
appointing eight members of his choice from throughout the state.              
                                                                               
Number 610                                                                     
                                                                               
REPRESENTATIVE NICHOLIA stated she intends to write to the governor            
about this.                                                                    
                                                                               
Number 611                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
move CSSB 236(RES) from the committee with individual                          
recommendations and the attached fiscal note(s).  There being no               
objection, CSSB 236(RES) was so moved from the House Resources                 
Standing Committee.                                                            
CSSB 262(FIN) - MANAGEMENT OF HUNTING                                          
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was CSSB
262(FIN), "An Act relating to regulation of hunting and trapping,              
to the definition of 'sustained yield,' and to controlled use                  
areas."                                                                        
                                                                               
CO-CHAIRMAN OGAN called on Mel Krogseng, staff to Senator Robin                
Taylor, sponsor of the bill.                                                   
                                                                               
Number 618                                                                     
                                                                               
MEL KROGSENG, Legislative Administrative Assistant to Senator Robin            
Taylor, Alaska State Legislature, read the following sponsor                   
statement:                                                                     
                                                                               
"Senate Bill 262 restricts the department from curtailing                      
traditional access for hunting and trapping unless the specific                
means of access is causing biological harm to a game population in             
the area where the restriction is to apply; and, the recovery of               
the wildlife population requires the access restriction.                       
                                                                               
"Alaska license holders are outraged by the department's adoption              
of a preservationist philosophy which opposes consumptive uses by              
restricting access.  At the fall 1995 Board of Game meeting, the               
Department of Fish and Game urged the Board of Game to close some              
236 square miles to Alaska's hunters.  The department's own                    
biologists testified that there was no biological problem, no                  
justification, nor actual conflict among user groups in the area.              
The department's director admitted that the only issue was one                 
based solely on a mis-perception resulting from purposeful                     
misinformation and disinformation promulgated by animal rights                 
extremists.                                                                    
                                                                               
"The Board of Game is now politically compromised.  It has                     
developed a pattern of establishing 'controlled use areas' which               
deny user group access without any biological justification.                   
Currently, there are 26 'controlled use areas' in the state and                
these will effectively be grandfathered under this legislation.  To            
get politics out of future wildlife management decisions, the                  
legislature must require that all wildlife regulations be necessary            
and biologically justified."                                                   
                                                                               
MS. KROGSENG stated the bill would also define the term "sustained             
yield."                                                                        
                                                                               
Number 641                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Ms. Krogseng, for clarification, whether                
there was a mis-justification for the department or board's action.            
                                                                               
MS. KROGSENG replied the issue she referred to was about an area               
near the McNeil River State Sanctuary.  There was a recommendation             
from the department to the board to restrict access for hunting                
because of protests by outside animal rights activists.                        
                                                                               
Number 654                                                                     
                                                                               
REPRESENTATIVE JOULE asked Ms. Krogseng whether the current                    
controlled use areas would be grandfathered in.                                
                                                                               
MS. KROGSENG replied, "Correct."  The last section of the bill says            
the Board of Game "may" continue any of the current controlled use             
areas that they consider necessary.                                            
                                                                               
REPRESENTATIVE JOULE asked Ms. Krogseng whether the grandfather                
provision would extend past the review stage.                                  
                                                                               
MS. KROGSENG replied the intent of the section is for the board to             
look at the existing controlled use areas and maintain those that              
need to be maintained without any justification.  Future controlled            
use areas, however, must be biologically necessary.                            
                                                                               
REPRESENTATIVE JOULE asked Ms. Krogseng, for clarification, whether            
the establishment of a controlled use area would be based on a                 
biological decision.  The Noatak controlled use area was not                   
necessarily based on biology, but the interference of hunter                   
activity.  When the western arctic caribou herd migrates south                 
planes buzz around them and drive them away from the hunting areas.            
He wondered whether the bill would prohibit the board from deciding            
on a controlled use area based on that.                                        
                                                                               
MS. KROGSENG replied the original bill eliminated all controlled               
use areas, but it was changed based on talking with people.  The               
board has used these areas as a methods and means to curtail                   
harvest.  She reiterated the current controlled use areas will                 
remain in place as long as the board feels they need to be there.              
The bill is written that way because some areas were established on            
a temporary basis.                                                             
                                                                               
REPRESENTATIVE JOULE stated the Noatak controlled use area was                 
established because of the interference....                                    
                                                                               
TAPE 98-46, SIDE B                                                             
Number 000                                                                     
                                                                               
REPRESENTATIVE JOULE continued.  He wondered whether the board                 
would be curtailed from putting in a controlled use area because of            
hunting interference.                                                          
                                                                               
MS. KROGSENG replied that would be correct in the future.                      
                                                                               
Number 009                                                                     
                                                                               
CO-CHAIRMAN OGAN referred to page 3, line 4 and wondered whether it            
should read "of access" rather than "to access."  The bill talks               
about "means of access" on page 3, line 6.                                     
                                                                               
MS. KROGSENG replied she doesn't know for certain.  The structure              
of the subsection would change, if the term "to" is changed to                 
"of."                                                                          
                                                                               
Number 049                                                                     
                                                                               
REPRESENTATIVE GREEN stated in one case it means a method "to" do              
something, while in the other case it means a method "of" doing                
something.  It is drafted correctly.                                           
                                                                               
Number 059                                                                     
                                                                               
CO-CHAIRMAN OGAN called for a brief at ease.                                   
                                                                               
CO-CHAIRMAN OGAN called the meeting back to order.                             
                                                                               
Number 063                                                                     
                                                                               
CO-CHAIRMAN OGAN stated he has hunted by horse a number of times in            
controlled use areas.  The bill says the board or department may               
not restrict the use of a method or means to "access, take, or                 
transport game for the purpose of preferring or affecting the                  
quality of the outdoor experience of a person or group."  It also              
says the board may establish a controlled use area only if                     
necessary to achieve biological management goals.  He wondered                 
whether an area getting a lot of pressure could be created because             
it is affecting the game populations, not because of the quality of            
a hunt.                                                                        
                                                                               
MS. KROGSENG replied, "Correct."  Trophy animals would be a                    
biological process.  In addition, there are some 50 million acres              
of non-motorized land in the state, and Senator Taylor feels that              
is enough to allow for a quality hunt.  The department or board                
should not be restricting areas unless it is biologically                      
necessary.  There are lots of folks who find it difficult to cart              
a moose on their back, for example.                                            
                                                                               
Number 141                                                                     
                                                                               
REPRESENTATIVE JOULE stated closing seasons to grow horns for a                
trophy is not a biological reason, but an economical reason.                   
                                                                               
Number 159                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Ms. Krogseng what "method or means to                   
access, take, or transport game" means.                                        
                                                                               
MS. KROGSENG replied it is aimed at preventing a closure based on              
hiking or photography, for example.                                            
                                                                               
CO-CHAIRMAN OGAN stated "method or means to access, take, or                   
transport game" means guns and bows and arrows.  He wondered                   
whether the department or board could not restrict the use based on            
a type of method to take game.                                                 
                                                                               
MS. KROGSENG replied that is what the bill says.  She doesn't think            
that is the intent, however.                                                   
                                                                               
Number 218                                                                     
                                                                               
REPRESENTATIVE GREEN stated the subsection says that the department            
cannot restrict access, taking of game, or transporting it out for             
the purpose of preferring or affecting the quality of the outdoor              
experience.  In other words, accessing, taking, or transporting                
game cannot be inferior to photography, for example.                           
                                                                               
Number 228                                                                     
                                                                               
CO-CHAIRMAN OGAN stated he has always understood method and means              
of taking fish and game as the different forms of weaponry used.               
                                                                               
Number 233                                                                     
                                                                               
REPRESENTATIVE BARNES agreed with Representative Green's                       
interpretation.                                                                
                                                                               
REPRESENTATIVE GREEN stated he understands what Co-Chairman Ogan is            
saying, but that is not the meaning in the bill.  It means the                 
process is not going to be inferior to a camera buff or sightseers,            
for example.                                                                   
                                                                               
MS. KROGSENG stated that is the intent.                                        
                                                                               
Number 256                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated subsection (3) on page 2 refers to the               
sustained yield principle, and Section 2 states that the board or              
department may restrict a traditional means of access if it finds              
in writing that the means of access has resulted in significant                
biological harm.  In other words, the harm has already been done.              
                                                                               
Number 291                                                                     
                                                                               
MS. KROGSENG agreed it is after the fact.                                      
                                                                               
Number 297                                                                     
                                                                               
REPRESENTATIVE NICHOLIA stated she would like to hear from the                 
department.  She has the same concern.                                         
                                                                               
CO-CHAIRMAN OGAN called on Ken Taylor from the Department of Fish              
and Game.                                                                      
                                                                               
Number 302                                                                     
                                                                               
KEN TAYLOR, Deputy Director, Division of Wildlife Conservation,                
Department of Fish and Game, stated the bill goes far beyond the               
intent conveyed in the sponsor statement.  Section 1 would remove              
the board's responsibility to allocate resources by restricting its            
authority to adopt regulations only when necessary for the                     
biological management of game.  Among regulations that are not                 
necessary for the biological management of game are bag limits,                
methods and means, accommodations for disabled persons, subsistence            
preferences, emergency openings to allow additional harvests,                  
prohibiting live capture of animals, regulations made for public               
safety reasons, sale of game, and etc.  He doesn't believe that is             
the intent of the sponsor, however.                                            
                                                                               
CO-CHAIRMAN OGAN stated in the Mat-Su Valley there is a restriction            
on the type of firearm used within areas near homes.  He asked Mr.             
Taylor whether those types of concerns would be addressed under                
this bill.                                                                     
                                                                               
MR. TAYLOR replied, if this bill passes, those types of concerns               
and a number of other restrictions would not be able to be                     
addressed.  He cited the use of machine guns, helicopters for                  
access, and shooting from a moving vehicle as examples.  These                 
restrictions are not based on biology, but necessitated by society.            
There are regulations that govern hunting behavior to maintain                 
public acceptance of hunting, not to  maintain the animal                      
populations.  They are to ensure the equitable use of the common               
resources, improve the quality of the hunt, prevent waste and                  
misuse of game, and ensure the general safety and welfare of                   
Alaskans.                                                                      
                                                                               
MR. TAYLOR further stated Section 2 of the bill would prevent the              
board from closing any area to a particular means of access after              
significant biological harm has occurred when recovery is unlikely             
without a restriction.  There are a number of things that have to              
occur before the department could respond to do something.  This is            
not consistent with the department's concept of sustained yield                
management.  Sustained yield is the attempt to prevent significant             
harm from occurring by anticipating population declines and acting             
to stop them.  The principle of sustained yield has guided wildlife            
management through the twentieth century.  Therefore, it is highly             
inadvisable to attempt to define it at this stage.  The definition             
of "sustained yield" in Section 3 would mandate a drastic and often            
impossible revision to the current management practices for several            
game species in the state.  There is also concern about the meaning            
of "high level of human harvest" within the definition of sustained            
yield.  Management for many species would require harvest of both              
sexes, an unpopular concept among many Alaskans for Dall sheep and             
moose.  It would be inconsistent with the Ladue River controlled               
use area and around Tok that were not established for biological               
necessities.  In addition, there are portions of the bill that                 
conflict with several statutes.  He cited the subsistence and                  
antler-less moose provisions as examples.  With all due respect to             
the sponsor, there is nothing that the department can find that's              
good for wildlife or its uses in the bill.  The department strongly            
recommends not to move the bill from the committee.                            
                                                                               
Number 398                                                                     
                                                                               
REPRESENTATIVE BARNES stated there aren't that many changes in the             
bill, except for a few words.  She asked Mr. Taylor how he can say             
that there isn't anything good about the bill.                                 
                                                                               
Number 406                                                                     
                                                                               
MR. TAYLOR replied the bill puts the caveat of having to meet the              
criteria of biological necessity for the management of game on all             
of the existing laws.  Many controlled use areas were not set for              
biological purposes.  Many were set for regulating hunting behavior            
and ethical standards of society, for example.                                 
                                                                               
Number 416                                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Taylor where the department and                
board derive their powers to manage fish and game.                             
                                                                               
MR. TAYLOR replied all of the powers of the department and board               
are provided for in Title 16.                                                  
                                                                               
REPRESENTATIVE BARNES asked Mr. Taylor who passed the laws.                    
                                                                               
MR. TAYLOR replied the legislature.                                            
                                                                               
REPRESENTATIVE BARNES asked Mr. Taylor when a law is passed does               
the department and board generally live up to its spirit and                   
intent.                                                                        
                                                                               
MR. TAYLOR replied, "Yes."  The department and board both work hard            
to live up to the spirit of a law.                                             
                                                                               
REPRESENTATIVE BARNES asked Mr. Taylor whether the department and              
board adopt regulations based on the clear face of the law.  She               
said, "You have no power that is derived other than from the                   
legislature.  The only power you have is that power which we                   
delegate.  Then you sit there and tell me, sir, how you can in good            
conscience at anytime--first of all say a bill like this is not                
good and secondly when there's a law clear on its face--absolutely             
clear on its face--then how can you fail to live up to that law."              
                                                                               
MR. TAYLOR stated every time that the legislature has passed a law             
effecting fish and game matters the board and department have                  
worked to implement it.  If this bill was implemented into statute,            
the department would have to go through all of its game regulations            
to make certain that they are consistent with the intent and                   
statement of the law.  The way Section 1 is structured, many of the            
regulations would not pass the consistency review of being                     
biologically necessary.                                                        
                                                                               
REPRESENTATIVE BARNES asked Mr. Taylor why a bill like this is                 
necessary.  Is it because in game management unit 13 the department            
was in the process of adopting regulations that would have                     
prohibited motorized vehicles in an area where the law quite                   
specifically allows them? she asked.                                           
                                                                               
MR. TAYLOR replied no regulation proposals regarding Unit 13 came              
from the department.  The department has maintained a consistent               
position on the use of Unit 13 and across the state.  Unit 13 has              
been a high use area for outdoor recreation vehicles (ORV).  The               
department can't simply address ORV use in hunting regulations in              
an area used for berry picking and mining, for example.  A                     
simplistic approach is to say that the ORV problem is caused by                
hunters.  Therefore, the department recommended to the board that              
the issue be deferred until it could talk to the landowners, the               
BLM, and the Native corporations and put together a working group              
to address the issue further.                                                  
                                                                               
REPRESENTATIVE BARNES stated there is a law on the book that                   
clearly exempts the department from sticking its nose into Unit 13             
as it relates to off-road vehicles.                                            
                                                                               
MR. TAYLOR stated there was an area that was established by the                
legislature for ORV use in a portion of Unit 13.  He is not sure if            
it includes all of Unit 13, however.                                           
                                                                               
REPRESENTATIVE BARNES stated for the record that this is just one              
example where the department and board do not follow the clear face            
of the law.                                                                    
                                                                               
Number 512                                                                     
                                                                               
WAYNE REGELIN, Director, Division of Wildlife Conservation,                    
Department of Fish and Game, stated the department is well aware of            
the ORV regulations in Unit 13.  The department had no intention of            
ever passing a regulation that would circumvent the law.  In fact,             
in order to meet game objectives in Unit 13, ORV access is needed.             
The department was willing to work with those involved because of              
requests from the public in regards to snowmobiles in the winter.              
It had nothing to do with hunting.  The department was willing to              
work on the issue and come back to the legislature if the law                  
needed to be changed.  There weren't any proposals, except by the              
public, or intent by the board or department to pass regulations.              
                                                                               
Number 527                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Regelin why the Board of Game noticed               
and solicited comments on restricting access in Unit 13 if the                 
department had nothing to do with it.                                          
                                                                               
MR. REGELIN replied the department urged the board not to do that.             
The board felt that it wouldn't get any response from the public               
unless it was a regulatory meeting versus an informational meeting.            
The board gave the perception that it was going to pass something,             
but realized that it had opened up a can of worms that it shouldn't            
have.                                                                          
                                                                               
Number 538                                                                     
                                                                               
REPRESENTATIVE BARNES stated all the board and department had to do            
was look at the law, and the law says it's a motorized vehicle                 
area.  It is due to the fact that the department promulgates                   
regulations that it gets a bill like this.                                     
                                                                               
Number 547                                                                     
                                                                               
REPRESENTATIVE JOULE asked whether there would be a fiscal impact              
for biological management.                                                     
                                                                               
Number 555                                                                     
                                                                               
MR. REGELIN replied, according to the Department of Law, it would              
have a major fiscal impact.  There would have to be a special board            
meeting in order to go through any regulation that is not                      
biologically necessary.  It would also have an economical impact on            
people coming to Alaska to hunt.                                               
                                                                               
Number 575                                                                     
                                                                               
REPRESENTATIVE JOULE asked whether the current controlled use areas            
would be grandfathered.  The bill seems to be pulling at both ends.            
                                                                               
Number 589                                                                     
                                                                               
MR. TAYLOR replied Section 5 grandfathers the existing controlled              
use areas.  He would leave it to the Department of Law to determine            
whether the biological necessity mandated in Section 1 would apply             
to those grandfathered or not.  Obviously, those established after             
the effective date of the Act would have to meet the biological                
management goals.                                                              
                                                                               
Number 596                                                                     
                                                                               
REPRESENTATIVE NICHOLIA asked what impact would this bill have on              
Article VIII of the state constitution in recognizing preference               
among beneficial uses, and in allocating the role of the Board of              
Game to decide when and where the preferences are applied.                     
                                                                               
Number 602                                                                     
                                                                               
MR. REGELIN replied he would defer to the Department of Law to                 
answer the question.  As Representative Barnes reminds the                     
department often, the legislature provides the authority to do                 
things, and the board and the department don't have a conflict with            
that.  The legislature has delegated to the board and given it                 
tools to make allocation decisions, such as controlled use areas.              
The board doesn't make biological decisions.  The department                   
presents biological information to the board based on surveys,                 
scientific data, growth rates of herds, and goals.  The current                
controlled use areas were either supported or recommended by                   
advisory committees for a variety of reasons.  The board has to                
make very tough decisions without a lot of tools, and one of the               
most effective tools right now is controlled use areas.                        
                                                                               
Number 639                                                                     
                                                                               
REPRESENTATIVE NICHOLIA asked Mr. Regelin to expand on the earlier             
discussion of the bill giving a mixed message in regards to the                
sustained yield.                                                               
                                                                               
Number 645                                                                     
                                                                               
MR. REGELIN replied at the present time in fish and game biology               
the term "sustained yield" is not defined.  It is a concept or                 
principle and it doesn't lend itself easily to a specific                      
definition.  Therefore, the Department of Law is concerned about               
any definition of the term "sustained yield" in fish and game                  
statutes.  Where it is defined in forestry related issues it                   
creates problems for lawsuits.  This bill defines sustained yield              
as a high level of human harvest.  There is another bill that                  
defines it as a percentage of the annual catch.  The two                       
definitions would define sustained yield as a fixed rate when every            
herd and population is different.  For that reason, the department             
has always urged the legislature not to define the term "sustained             
yield."                                                                        
                                                                               
CO-CHAIRMAN OGAN stated he does not anticipate moving the bill out             
of the committee today.                                                        
                                                                               
CO-CHAIRMAN OGAN referred to page 3, line 3 - "(b) The Board of                
Game or the department may not restrict the use of a method or                 
means to access, take, or transport game for the purpose of                    
preferring or affecting the quality of the outdoor experience of a             
person or group."  He is concerned about the term "take" and its               
broad interpretation.                                                          
                                                                               
MR. REGELIN stated, according to the Department of Law, it would               
affect all methods and means that are in effect due to safety, fair            
chase standards, access, and etc.                                              
                                                                               
CO-CHAIRMAN OGAN asked Mr. Regelin whether the term "methods and               
means" would refer to primitive weaponry, such as bows and arrows              
and caliber of rifles.  He asked whether that is how it is defined             
in the regulations.                                                            
                                                                               
MR. REGELIN replied there are four or five different sections of               
the regulations that define the term "methods and means" - taking              
game, taking big game, unlawful methods of taking game, the use of             
machine guns.                                                                  
                                                                               
TAPE 98-47, SIDE A                                                             
Number 000                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated clearly there are some concerns                      
predicated by the bill.  He asked the department representatives to            
help with some solutions by indicating how the author's intent can             
be satisfied without curtailing the use of a handicapped person,               
for example.                                                                   
                                                                               
Number 043                                                                     
                                                                               
GABE SAM, Director of Wildlife and Parks, Tanana Chiefs Conference,            
Incorporated (TCC), testified via teleconference in Fairbanks.  The            
bill would greatly affect the hunter pressure in controlled use                
areas.  There are illegal aircrafts entering the Koyukuk controlled            
use area resulting in a proposal to extend it to the Kanuti                    
controlled use area.  It was shot down because the board said there            
wasn't enough information.  He doesn't see how the bill will do any            
good for controlled use areas.  In 1996, there were 800 hunters                
going into the Koyukuk controlled use area.  The number was limited            
in order to slow down the taking of the breeder stock. It is                   
starting to work, but if the controlled use area is taken away, the            
results will be for nothing.  The TCC is opposed to the bill.                  
                                                                               
Number 109                                                                     
                                                                               
REPRESENTATIVE JOULE asked Mr. Sam when the Koyukuk controlled use             
area was implemented.  He also asked whether the local advisory                
committee had any input into the implementation.                               
                                                                               
Number 118                                                                     
                                                                               
MR. SAM replied yes the Koyukuk River Advisory Committee brought               
the issue to the board.  It was like a regular highway on the                  
Koyukuk River competing with the local hunters.  It was hard to                
compete with the boats and the mini-camps set up along the river.              
It was also affecting the environment.  The controlled use area has            
done a lot.  It controls the amount of hunters on the river at any             
given time, and allows for a local hunting priority.  If the                   
controlled use area is taken away, there will be chaos with law                
enforcement.                                                                   
                                                                               
Number 162                                                                     
                                                                               
REPRESENTATIVE NICHOLIA stated in some controlled use areas hunters            
are not limited, but the access is limited.  She wanted to make                
sure that was clear for the committee members.                                 
                                                                               
CO-CHAIRMAN OGAN stated he hunts with horses in controlled use                 
areas for a quality hunt.  In regards to controlling the breeder               
stock, the bill does not prevent the board from implementing a                 
controlled use area for biological reasons.                                    
                                                                               
Number 190                                                                     
                                                                               
TIMOTHY C. ANDREW, Director of Natural Resources, Association of               
Village Council Presidents (AVCP), testified via teleconference in             
Bethel.  There is no denying that the state is undergoing extremely            
trying times for fish and game management.  Increased pressure and             
conflicts among user groups both inside and outside Alaska is                  
rampant.  Air transporters are saturating areas with mass-marketing            
with little or no concern for resource depletion.  They simply move            
on or accept that the abundance is over.  Increased amounts of                 
rotting meat are observed at village airports when no one is being             
held responsible.  Legislation such as this only furthers the                  
shambles and divisiveness being romped through the lack of an                  
appropriate response.  Senate Bill 262 raises substantial questions            
and serious concerns by preventing the Board of Game from carrying             
out one of its basic responsibilities and primary reason for being             
created.  The results begs the question of whether the sponsor and             
supporters of the bill are silent partners of the animal rights                
fanatics.  The measures to address predator control problems would             
be even further restricted since they are seldom "biologically                 
necessary."  The existing intensive management law would be                    
directly contradicted since it is not "biologically necessary."                
Section 2 flies directly in the face of the sustained yield                    
principle embodied in the state constitution.  The reference to the            
word "balloon" in Section 2 indicates somebody believes balloons               
are used as a traditional means of access to go hunting when it is             
difficult and practically unimaginable.  But, it would be a                    
statutory directive.  The AVCP strongly encourages the committee               
members to reject the bill or at a minimum hold it until it has                
been amended to reflect what any reasonable person would presume to            
be its true purpose.                                                           
                                                                               
Number 271                                                                     
                                                                               
HERMAN MORGAN, Chairman, Central Kuskokwim Fish and Game Advisory              
Committee, testified via teleconference in Aniak.  The central                 
Kuskokwim would be adversely affected by the bill.  There is a huge            
increase of resident and nonresident sport hunters accessing the               
area by plane increasing the potential for competition and                     
conflicts between resident and nonresident hunters.  A lot of the              
resident hunters use moose to feed their families.  Because there              
isn't an aircraft restriction in the central Kuskokwin area, moose             
hunting will be concentrated in non-controlled use areas leading to            
biological emergencies.  More pallets of rotting meat will be seen             
and no one will be held responsible.  How can there be a quality               
outdoor experience if there aren't any moose? he asked.  Controlled            
use areas are established for a reason and the bill would take away            
an important tool for the board.                                               
                                                                               
Number 305                                                                     
                                                                               
REPRESENTATIVE NICHOLIA asked Mr. Morgan whether there is a moose              
shortage in his area, and whether he is working with the Department            
of Fish and Game on that issue.                                                
                                                                               
MR. MORGAN replied there aren't a lot of moose around the McGrath              
area, but there are a lot of wolves.  The predators are really                 
increasing and once the moose reach below a certain point it's hard            
to bring them back up.  We tried to initiate a controlled use area             
around Sleetmute on the Holitna River because that's where a lot of            
local hunters hunt moose by boat and it's not right to compete with            
other hunters, especially when a lot of the meat would go to waste.            
                                                                               
CO-CHAIRMAN OGAN announced the bill will be held over.                         
CO-CHAIRMAN OGAN recessed the meeting to the call of the chair at              
6:58 p.m.                                                                      

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