Legislature(1999 - 2000)

03/22/1999 01:11 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                                                                     
                   March 22, 1999                                                                                               
                     1:11 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Scott Ogan, Co-Chair                                                                                             
Representative Jerry Sanders, Co-Chair                                                                                          
Representative Carl Morgan                                                                                                      
Representative Ramona Barnes                                                                                                    
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Beverly Masek, Vice Chair                                                                                        
Representative John Harris                                                                                                      
Representative Jim Whitaker                                                                                                     
Representative Mary Kapsner                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 15                                                                                                   
Relating to support for an "American Land Sovereignty Protection                                                                
Act" in the United States Congress.                                                                                             
                                                                                                                                
     - MOVED CSHJR 15(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 2                                                                                              
Relating to management of Alaska's wildlife and fish resources.                                                                 
                                                                                                                                
     - MOVED HCS SCR 2(RES) OUT OF COMMITTEE                                                                                    
                                                                                                                                
* HOUSE JOINT RESOLUTION NO. 28                                                                                                 
Requesting that the National Marine Fisheries Service and the                                                                   
United States Congress act immediately to reverse the decline of                                                                
the Cook Inlet beluga whale population and to regulate the harvest                                                              
of the beluga whales in Cook Inlet until the beluga whale                                                                       
population has recovered.                                                                                                       
                                                                                                                                
     - MOVED CSHJR 28(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HJR 15                                                                                                                    
SHORT TITLE: SUPPORT AMERICAN LAND SOVEREIGNTY ACT                                                                              
SPONSOR(S): REPRESENTATIVES(S) JAMES                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/17/99       236     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/17/99       236     (H)  WTR, RESOURCES                                                                                      
 3/04/99               (H)  WTR AT  5:00 PM CAPITOL 124                                                                         
 3/04/99               (H)  MOVED CSHJR 15(WTR) OUT OF COMMITTEE                                                                
 3/4/99                (H)  MINUTE(WTR)                                                                                         
 3/05/99       363     (H)  WTR RPT  CS(WTR) NT 5DP                                                                             
 3/05/99       363     (H)  DP: MASEK, PHILLIPS, GREEN, COWDERY,                                                                
 3/05/99       363     (H)  BARNES                                                                                              
 3/05/99       363     (H)  ZERO FISCAL NOTE (WTR/ALL DEPT'S)                                                                   
 3/05/99       364     (H)  REFERRED TO RESOURCES                                                                               
 3/22/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
BILL: SCR 2                                                                                                                     
SHORT TITLE: MANAGEMENT OF FISH & WILDLIFE                                                                                      
SPONSOR(S): SENATOR(S) TAYLOR                                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/22/99        64     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/22/99        65     (S)  RES                                                                                                 
 2/03/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/03/99               (S)  SCHEDULED BUT NOT HEARD                                                                             
 2/03/99               (S)  MINUTE(RES)                                                                                         
 2/08/99               (S)  RES AT  3:00 PM BUTROVICH ROOM 205                                                                  
 2/08/99               (S)  MOVED OUT OF COMMITTEE                                                                              
 2/08/99               (S)  MINUTE(RES)                                                                                         
 2/10/99       199     (S)  RES RPT  3DP 3NR                                                                                    
 2/10/99       199     (S)  DP: HALFORD, GREEN, PETE KELLY;                                                                     
 2/10/99       199     (S)  NR: MACKIE, PARNELL, LINCOLN                                                                        
 2/10/99       199     (S)  ZERO FISCAL NOTE (S.RES)                                                                            
 2/11/99               (S)  RLS AT 11:30 AM FAHRENKAMP RM 203                                                                   
 2/11/99               (S)  MINUTE(RLS)                                                                                         
 2/16/99       257     (S)  RULES TO CALENDAR AND 1OR 2/17/99                                                                   
 2/17/99       272     (S)  READ THE SECOND TIME                                                                                
 2/17/99       272     (S)  PASSED Y15 N5                                                                                       
 2/17/99       276     (S)  TRANSMITTED TO (H)                                                                                  
 2/19/99       247     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/19/99       247     (H)  FISHERIES, RESOURCES                                                                                
 3/08/99               (H)  FSH AT  5:00 PM CAPITOL 124                                                                         
 3/08/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 3/08/99               (H)  MINUTE(FSH)                                                                                         
 3/10/99       408     (H)  FSH RPT  1DP 3NR                                                                                    
 3/10/99       409     (H)  DP: WHITAKER; NR: KAPSNER, MORGAN,                                                                  
 3/10/99       409     (H)  HUDSON                                                                                              
 3/10/99       409     (H)  SENATE ZERO FISCAL NOTE (S.RES)                                                                     
                            2/10/99                                                                                             
 3/10/99       409     (H)  REFERRED TO RES                                                                                     
 3/22/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
BILL: HJR 28                                                                                                                    
SHORT TITLE: COOK INLET BELUGA POPULATION                                                                                       
SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, Ogan                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/10/99       410     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/10/99       410     (H)  RESOURCES                                                                                           
 3/22/99               (H)  RES AT  1:00 PM CAPITOL 124                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE JEANNETTE JAMES                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 102                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3743                                                                                                      
POSITION STATEMENT:  Sponsor of HJR 15.                                                                                         
                                                                                                                                
MYRNA McGHIE, Legislative Administrative Assistant                                                                              
   to Representative Jeannette James                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 102                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-5038                                                                                                      
POSITION STATEMENT:  Presented HJR 15 on behalf of sponsor.                                                                     
                                                                                                                                
DENNY K. WEATHERS                                                                                                               
P.O. Box 1791                                                                                                                   
Cordova, Alaska  99574                                                                                                          
Telephone:  (907)424-3745                                                                                                       
POSITION STATEMENT:  Testified on HJR 15 and asked questions.                                                                   
                                                                                                                                
STAN LEAPHART, Executive Director                                                                                               
Citizens' Advisory Commission on Federal Areas                                                                                  
3700 Airport Way                                                                                                                
Fairbanks, Alaska  99701                                                                                                        
Telephone:  (907) 451-2775                                                                                                      
POSITION STATEMENT:  Testified on HJR 15.                                                                                       
                                                                                                                                
ELZIE ISLEY                                                                                                                     
2533 3rd Avenue                                                                                                                 
Ketchikan, Alaska  99901                                                                                                        
Telephone:  (907) 225-4881                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 15.                                                                            
                                                                                                                                
DEAN CURRAN                                                                                                                     
P.O. Box 42                                                                                                                     
Cordova, Alaska  99574                                                                                                          
Telephone:  (907) 424-5604                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 15.                                                                            
                                                                                                                                
ERIC MUENCH                                                                                                                     
228 Martin Street                                                                                                               
Ketchikan, Alaska  99901                                                                                                        
Telephone:  (907) 225-5372                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 15.                                                                            
                                                                                                                                
ERIC WEATHERS                                                                                                                   
P.O. Box 1791                                                                                                                   
Cordova, Alaska  99574                                                                                                          
Telephone:  (907)424-3745                                                                                                       
POSITION STATEMENT:  Testified on HJR 15.                                                                                       
                                                                                                                                
DONALD WESTLUND                                                                                                                 
P.O. Box 831                                                                                                                    
Ward Cove, Alaska  99928                                                                                                        
Telephone:  (907) 225-9319                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 15.                                                                            
                                                                                                                                
LAIFE WEATHERS                                                                                                                  
P.O. Box 1791                                                                                                                   
Cordova, Alaska  99574                                                                                                          
Telephone:  (907) 424-3745                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 15.                                                                            
                                                                                                                                
EDWARD FURMAN                                                                                                                   
(No address or telephone number available)                                                                                      
Cordova, Alaska  99574                                                                                                          
POSITION STATEMENT:  Testified on HJR 15.                                                                                       
                                                                                                                                
MEL KROGSENG, Legislative Assistant                                                                                             
   to Senator Robin Taylor                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 30                                                                                                       
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3717                                                                                                      
POSITION STATEMENT:  Presented SCR 2 on behalf of sponsor.                                                                      
                                                                                                                                
DALE BONDURANT                                                                                                                  
31864 Moonshine Drive                                                                                                           
Soldotna, Alaska  99669                                                                                                         
Telephone:  (907) 262-0818                                                                                                      
POSITION STATEMENT:  Testified in support of SCR 2 and HJR 28.                                                                  
                                                                                                                                
DREW SPARLIN                                                                                                                    
37101 Cannery Road                                                                                                              
Kenai, Alaska  99611                                                                                                            
Telephone:  (907) 283-4095                                                                                                      
POSITION STATEMENT:  Testified in support of SCR 2 and HJR 28.                                                                  
                                                                                                                                
GERON BRUCE, Legislative Liaison                                                                                                
Office of the Commissioner                                                                                                      
Alaska Department of Fish and Game                                                                                              
P.O. Box 25526                                                                                                                  
Juneau, Alaska  99802-5526                                                                                                      
Telephone:  (907) 465-6143                                                                                                      
POSITION STATEMENT:  Answered questions on SCR 2 and previous                                                                   
                     year's legislation.                                                                                        
                                                                                                                                
REPRESENTATIVE GAIL PHILLIPS                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 411                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2689                                                                                                      
POSITION STATEMENT:  Prime sponsor of HJR 28.                                                                                   
                                                                                                                                
ROSETTA ALCANTRA                                                                                                                
United Cook Inlet Drift Association                                                                                             
P.O. Box 589                                                                                                                    
Kenai, Alaska  99611                                                                                                            
Telephone:  (907) 283-4095                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 28.                                                                            
                                                                                                                                
DAN ALEX, Project Coordinator                                                                                                   
Cook Inlet Marine Mammal Council                                                                                                
P.O. Box 101846                                                                                                                 
Anchorage, Alaska  99510                                                                                                        
Telephone:  (907) 688-6020                                                                                                      
POSITION STATEMENT:  Testified on HJR 28.                                                                                       
                                                                                                                                
DAVID VOLUCK, Attorney at Law                                                                                                   
Copeland, Landye, Bennett and Wolf                                                                                              
701 West 8th Avenue, Suite 1200                                                                                                 
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 276-5152                                                                                                      
POSITION STATEMENT:  As legal counsel for Cook Inlet Marine                                                                     
                     Mammal Council, testified on HJR 28.                                                                       
                                                                                                                                
RON SOMERVILLE, Resource Consultant                                                                                             
   to the House and Senate Leadership                                                                                           
Alaska State Legislature                                                                                                        
4506 Robbie Road                                                                                                                
                                                                                                                                
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 463-3830                                                                                                      
POSITION STATEMENT:  Answered technical questions on HJR 28.                                                                    
                                                                                                                                
MARGARET ROBERTS, Chair                                                                                                         
Alaska Sea Otter and Steller Sea Lion Commission                                                                                
505 West Northern Lights                                                                                                        
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 274-9799                                                                                                      
POSITION STATEMENT:  Testified on HJR 28; supports CIMMC and NMFS                                                               
                     in their cooperative management agreement,                                                                 
                     but not HJR 28.                                                                                            
                                                                                                                                
DOLLY GARZA, Chair                                                                                                              
Indigenous People's Commission on Marine Mammals                                                                                
P.O. Box 200908                                                                                                                 
Anchorage, Alaska  99520                                                                                                        
Telephone:  (907) 279-2511                                                                                                      
POSITION STATEMENT:  Testified on HJR 28; proposed amendments.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-16, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR JERRY SANDERS called the House Resources Standing                                                                      
Committee meeting to order at 1:11 p.m.  Members present at the                                                                 
call to order were Representatives Sanders, Ogan, Morgan, Barnes                                                                
and Joule.  Representatives Masek, Harris, Whitaker and Kapsner                                                                 
were excused.                                                                                                                   
                                                                                                                                
HJR 15 - SUPPORT AMERICAN LAND SOVEREIGNTY ACT                                                                                  
                                                                                                                                
CO-CHAIR SANDERS announced that the first item of business would be                                                             
House Joint Resolution No. 15, relating to support for an "American                                                             
Land Sovereignty Protection Act" in the United States Congress.                                                                 
Committee packets contained a sponsor statement; CSHJR 15(WTR); and                                                             
a compilation of faxed documents and Internet print-outs including                                                              
a copy of H.R. 883 and fact sheets about Biosphere Reserves.                                                                    
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
REPRESENTATIVE JEANNETTE JAMES, Alaska State Legislature, sponsor,                                                              
came forward, introducing staff member Myrna McGhie, who has worked                                                             
for three years on this issue.                                                                                                  
                                                                                                                                
MYRNA McGHIE, Legislative Administrative Assistant to                                                                           
Representative Jeannette James, told members this is the second                                                                 
time they have put this legislation through, which is to support                                                                
Congressman Don Young's effort in Washington, D.C., on his                                                                      
"American Land Sovereignty Protection Act."  That federal                                                                       
legislation had gone through the House, but not the Senate, in the                                                              
105th Congress.  Ms. McGhie said HJR 15 reaffirms support for                                                                   
Alaska State Legislative Resolve 31, sent to Congress in March                                                                  
1997.  Now, Congressman Young has a new bill, H.R. 883.                                                                         
                                                                                                                                
MS. McGHIE advised members that because of a technical error, she                                                               
proposes amending page 3, lines 12 and 14, to change the number                                                                 
"833" to "883".                                                                                                                 
                                                                                                                                
Number 0288                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN made a motion to adopt that as an amendment.  There                                                               
being no objection, Amendment 1 was adopted.                                                                                    
                                                                                                                                
Number 0330                                                                                                                     
                                                                                                                                
MS. McGHIE explained that World Heritage Sites are being designated                                                             
in the United States without congressional oversight or approval,                                                               
and with little public notice; HJR 15 aims to ensure that Congress                                                              
has authority to designate lands in Alaska and elsewhere in the                                                                 
United States.                                                                                                                  
                                                                                                                                
CO-CHAIR OGAN asked if Congress has taken any action on these World                                                             
Heritage Sites and Biosphere Reserves.                                                                                          
                                                                                                                                
Number 0412                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she suspects that the Biosphere Reserves                                                              
are the more serious of the two, as those stem from the "Man and                                                                
the Biosphere Convention."  Those designations have been accepted                                                               
by the President but not approved by the U.S. Senate, although                                                                  
international conventions or agreements are supposed to be approved                                                             
by the Senate.  Congressman Young's resolution is intended to not                                                               
allow any of that to happen without congressional approval.                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated:                                                                                                    
                                                                                                                                
     I think that we've all thought of the United Nations as                                                                    
     something of some kind of a benefit to all of us, and that                                                                 
     there shouldn't be anything bad about the United Nations.                                                                  
     And, of course, the thing about these World Heritage Sites and                                                             
     Biosphere Reserves that are identified as special places, and                                                              
     have a UN committee to oversee them and be sure that they're                                                               
     protected, and so forth, doesn't sound bad.  In fact, it's in                                                              
     the writing, in the United Nations compact, it says that the                                                               
     sovereignty of the United States, or the several states, will                                                              
     not be affected.  But you can't say that the sovereignty is                                                                
     not affected when you have these voices that come and                                                                      
     interfere with what you're trying to do in your own state, or                                                              
     in your own nation.                                                                                                        
                                                                                                                                
     An example is in Yellowstone National Park; when they wanted                                                               
     to do some mining outside of the park area, the international                                                              
     committee came in and set the stage for a hearing, and it was                                                              
     determined that the mine should not go forward because it just                                                             
     might interfere with the Biosphere Reserve, the World Heritage                                                             
     Site that Yellowstone National Park was. ... It sounds                                                                     
     innocent, but it isn't."                                                                                                   
                                                                                                                                
Number 0588                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN referred to page 1, lines 10 and 11 of CSHJR 15(WTR).                                                             
He asked what the buffer zones entail and how far they extend.                                                                  
                                                                                                                                
REPRESENTATIVE JAMES explained that a Biosphere Reserve consists of                                                             
a core area, in which it is intended that there is no interference                                                              
by man at all.  Around that is another area, the buffer zone, in                                                                
which there is limited activity by man.  Beyond that, they want to                                                              
measure all of the normal activity of man.  The problem is that the                                                             
buffer zones extend far beyond the area of the park.                                                                            
                                                                                                                                
REPRESENTATIVE JAMES stated, "They haven't been implementing this                                                               
very much, which is one of the reasons why that it is slipping in                                                               
under the rug, I believe, and part of the reason is because they                                                                
haven't been funded.  But if they were ever to get funding, it                                                                  
would be horrible, because a lot of the things that you're now                                                                  
doing in and around parks would be prohibited because of their                                                                  
scientific study of how the man and the biosphere affect one                                                                    
another."                                                                                                                       
                                                                                                                                
MS. McGHIE noted that packets contain information on that [see fact                                                             
sheets].                                                                                                                        
                                                                                                                                
CO-CHAIR OGAN asked how far those areas extend.                                                                                 
                                                                                                                                
REPRESENTATIVE JAMES said it can go as far as 250 miles, but each                                                               
is drawn independently, based on the core area and other                                                                        
information.  The proposed mine near Yellowstone National Park was                                                              
three miles outside of the park, in an area considered to be a                                                                  
buffer zone.                                                                                                                    
                                                                                                                                
CO-CHAIR OGAN declared that he intends to co-sponsor this                                                                       
legislation, as one of the largest veiled threats to state and                                                                  
national sovereignty is to allow a foreign entity to have this kind                                                             
of say.                                                                                                                         
                                                                                                                                
REPRESENTATIVE JAMES indicated Northwest Alaska residents have been                                                             
fighting the designation of Cape Krusenstern National Monument, as                                                              
well as the Beringian Heritage International Park, which would                                                                  
include portions of both the Seward Peninsula and Russia, across                                                                
the Bering Strait.  There is also talk of making the Bering Sea a                                                               
"Marine Biosphere Reserve," although Representative James said                                                                  
nobody can explain to her what that means.                                                                                      
                                                                                                                                
Number 0902                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to Cape Krusenstern and said the road                                                             
from the Red Dog Mine to the port site goes through there; he                                                                   
wondered whether such a designation could stop that activity.                                                                   
                                                                                                                                
REPRESENTATIVE JAMES expressed her belief that it could.                                                                        
                                                                                                                                
REPRESENTATIVE JOULE mentioned the potential for stopping any                                                                   
development, specifically with regard to Alaska Native Claims                                                                   
Settlement Act (ANCSA) land throughout the state.                                                                               
                                                                                                                                
Number 0991                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES restated that the United Nations documents                                                                 
seem benign, and the program doesn't appear to threaten                                                                         
sovereignty.  However, when they start to implement it, man is in                                                               
the way.  She expressed concern about restrictions to snow machine                                                              
use on the sides of the highway in Denali National Park and                                                                     
Preserve, then stated, "If we want to be controlling our own lands,                                                             
then we have to able to have the congressional process to determine                                                             
whether or not any of these ideas are good ideas, and that they're                                                              
best interests of us here in the United States."                                                                                
                                                                                                                                
Number 1093                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN acknowledged that the language states that nothing                                                                
will undo existing sovereignty.  However, ANILCA [Alaska National                                                               
Interest Lands Conservation Act] says the same thing, yet the state                                                             
is now looking at amending its constitution.  He suggested the need                                                             
to be consistent whenever the state's sovereignty is challenged to                                                              
manage its resources.                                                                                                           
                                                                                                                                
REPRESENTATIVE JAMES commented that public opinion is the strongest                                                             
political power there is, and anything that persuades public                                                                    
opinion is very likely to interfere with sovereignty.                                                                           
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
DENNY K. WEATHERS testified via teleconference from Cordova,                                                                    
reading as follows:  "Once again, Representative James is trying to                                                             
improve the lives and opportunities for Alaskans, and at the same                                                               
time trying to protect Alaska from foreign invasion by the United                                                               
Nations and regain our sovereignty.  I commend her for this, but I                                                              
do not believe supporting Congressman Don Young or his resolution                                                               
is constitutional or right.  If Congressman Young were truly                                                                    
concerned about Alaska's sovereignty, he would propose a                                                                        
constitutional amendment to remove a particular power from the                                                                  
President, such as executive orders and proclamations."                                                                         
                                                                                                                                
MS. WEATHERS read from Article I of the federal constitution, then                                                              
asked members two questions.  First, did the federal government or                                                              
the United Nations purchase any lands in Alaska with the consent of                                                             
the Alaska State Legislature?  And second, did the state of Alaska,                                                             
with consent of the legislature, cede any lands to the federal                                                                  
government or United Nations?                                                                                                   
                                                                                                                                
MS. WEATHERS asked legislators to make no bargains with the federal                                                             
government, saying, "We, the sovereigns, have other options if the                                                              
federal government and United Nations do not withdraw their illegal                                                             
invasion from the lands and waterways of Alaska."  She suggested                                                                
supporting HB 109 and HCR 2, and, if that doesn't work, seceding                                                                
from the Union.  She said if she could get answers to her                                                                       
questions, she would really appreciate it.                                                                                      
                                                                                                                                
CO-CHAIR SANDERS requested that Ms. Weathers fax her testimony,                                                                 
offering to do research on her questions and get back to her.                                                                   
                                                                                                                                
Number 1484                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN concurred with Ms. Weathers about executive orders                                                                
that undermine state sovereignty; he cited the recent national                                                                  
monument designation in Utah as an example.                                                                                     
                                                                                                                                
Number 1605                                                                                                                     
                                                                                                                                
STAN LEAPHART, Executive Director, Citizens' Advisory Commission on                                                             
Federal Areas (CACFA), testified via teleconference from Fairbanks,                                                             
noting that the commission had voted unanimously to support HJR 14,                                                             
a resolution similar to HJR 15, in the previous legislature.  He                                                                
told members he would discuss how management of some areas                                                                      
designated in Alaska as Biosphere Reserves and World Heritage Sites                                                             
has played out.  Mr. Leaphart then named the Biosphere Reserves in                                                              
Alaska.                                                                                                                         
                                                                                                                                
[Documents provided by the sponsor's staff, obtained from the                                                                   
Internet at www.mabnet.org/brprogram/usbrl.html, list current and                                                               
proposed sites as follows:  Glacier Bay National Park and Preserve;                                                             
Glacier Bay-Admiralty Island Biosphere Reserve/Admiralty Island                                                                 
National Monument (2 units); Denali National Park and Biosphere                                                                 
Reserve; Noatak National Preserve (2 units); Gates of the Arctic                                                                
National Park; and the Aleutian Islands National Wildlife Refuge.]                                                              
                                                                                                                                
MR. LEAPHART next listed the eight World Heritage Sites in Alaska,                                                              
two of which are "inscribed" and six of which have been nominated:                                                              
Arctic National Wildlife Refuge; Denali National Park and Preserve;                                                             
Gates of the Arctic National Park and Preserve; Katmai National                                                                 
Park; Wrangell-Saint Elias National Park and Preserve [inscribed                                                                
1979]; Glacier Bay National Park and Preserve [inscribed 1992];                                                                 
Cape Krusenstern Archaeological District, which is a major portion                                                              
of the Cape Krusenstern National Monument; and the Aleutian Island                                                              
Unit of the Alaska Maritime National Wildlife Refuge.  Mr. Leaphart                                                             
said he has discovered over the years that there is little                                                                      
difference between nominating a site and actually inscribing it.                                                                
                                                                                                                                
MR. LEAPHART emphasized that a number of areas have dual                                                                        
designations, and the extra layer of recognition comes to play in                                                               
management decisions by the various federal agencies.  For example,                                                             
when the Department of the Interior nominated Glacier Bay as a                                                                  
World Heritage Site in 1991, the submittal letter noted                                                                         
"environmental threats to the area proposed by the patented mineral                                                             
claims on the Brady Icefield, ten Native allotments within the                                                                  
park, and the existence of commercial fishing in Glacier Bay."  Mr.                                                             
Leaphart said that in the environmental impact statement (EIS) and                                                              
in virtually every meeting of the state-sponsored working group,                                                                
the issue of Glacier Bay's status as a Biosphere Reserve and a                                                                  
World Heritage Site was brought up.                                                                                             
                                                                                                                                
MR. LEAPHART told members there are no clear-cut regulatory                                                                     
guidelines that the NPS, Department of the Interior, or other                                                                   
managing agencies have for Biosphere Reserves.  He stated, "They                                                                
will tell you that that designation does not supersede any of their                                                             
authorities under federal statute or federal regulation.  However,                                                              
there is virtually no decision made, with respect to management of                                                              
any of these areas that are so-designated, where the issue of that                                                              
designation doesn't become a factor."                                                                                           
                                                                                                                                
MR. LEAPHART referred to the closing of the bulk of the old Mount                                                               
McKinley Park to snow machine use, saying the status of Denali                                                                  
National Park and Preserve as a Biosphere Reserve and World                                                                     
Heritage Site had been cited extensively in those findings.                                                                     
                                                                                                                                
Number 1882                                                                                                                     
                                                                                                                                
MR. LEAPHART next advised members that a bill before Congress,                                                                  
H.J.R. 482, would regulate aircraft overflights or "flightseeing"                                                               
over Haleakala National Park and Hawaii Volcanoes National Park; in                                                             
it, the statement of purpose and findings prominently mention that                                                              
both areas are Biosphere Reserves. That legislation is being                                                                    
watched closely by CACFA, although currently Alaska is exempt from                                                              
its effects.  Mr. Leaphart noted that flightseeing over national                                                                
parks is a major industry in the Lower 48, and one that is growing                                                              
in Alaska.  There is effort by the NPS, Department of the Interior,                                                             
to regulate such activity.                                                                                                      
                                                                                                                                
MR. LEAPHART stated his belief that Congressman Young's bill is                                                                 
aimed at giving Congress a say in such designations, which affect                                                               
both sovereignty and private property rights of individuals.   He                                                               
added, "I don't think anyone has to be opposed to the idea of the                                                               
notion of Biosphere Reserves or World Heritage Sites as recognition                                                             
for critical habitat areas, or some very special sites around the                                                               
world."                                                                                                                         
                                                                                                                                
Number 2018                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked Mr. Leaphart whether, when ANILCA was                                                               
considered, the environmental community had pushed hard to limit                                                                
aircraft flights over national parks and monuments.  She stated her                                                             
belief that that had been rejected, and she requested confirmation.                                                             
                                                                                                                                
MR. LEAPHART said he believes that is correct, adding, "That was                                                                
one of the major compromises that our delegation hammered out, as                                                               
part of that bill.  Not only are the aircraft overflights not                                                                   
regulated, but we also have guaranteed access rights ... in ANILCA,                                                             
which allows aircraft landings.  So, as I said, the several bills                                                               
that are in Congress right now that address this issue of aircraft                                                              
overflights do contain specific exemptions for ... aircraft                                                                     
activities in Alaska."                                                                                                          
                                                                                                                                
Number 2090                                                                                                                     
                                                                                                                                
ELZIE ISLEY testified briefly via teleconference from Ketchikan,                                                                
saying, "I'm a citizen of the state of Alaska.  I am against any                                                                
other country or organization telling us what we can do in our own                                                              
country, so I fully support this resolution."                                                                                   
                                                                                                                                
Number 2137                                                                                                                     
                                                                                                                                
DEAN CURRAN testified via teleconference from Cordova on his own                                                                
behalf, as follows:                                                                                                             
                                                                                                                                
     I am glad to see the state taking a stand to get its rights                                                                
     back.  The federal government has been overstepping its                                                                    
     boundaries for a long time.  The constitution is very explicit                                                             
     about keeping foreign powers out of the United States.  The                                                                
     President has no power to cut deals with the UN and give them                                                              
     the use of any land in the United States, and especially land                                                              
     in the state of Alaska.                                                                                                    
                                                                                                                                
     I want this misuse of designating lands stopped immediately.                                                               
     Not only that, all lands that have been designated to the UN                                                               
     previously must be revoked, as well.  You cannot allow a                                                                   
     foreign entity to have power in this state of Alaska or any                                                                
     part of the 50 states.  If you do, you are setting up the                                                                  
     demise of this great nation.  It will eventually be taken over                                                             
     by the UN if we don't get them out now.                                                                                    
                                                                                                                                
Number 2206                                                                                                                     
                                                                                                                                
ERIC MUENCH testified next via teleconference from Ketchikan,                                                                   
saying he supports HJR 15 and hopes it is the strongest action the                                                              
legislature can take in this regard.  Any government organization                                                               
in which the citizens of the United States are not represented, any                                                             
non-government organization, and any international organization                                                                 
including the United Nations should have absolutely no say in the                                                               
United States or Alaska.  He concluded by saying the                                                                            
representatives of the United Nations don't represent United States                                                             
citizens, and he completely supports HJR 15.                                                                                    
                                                                                                                                
Number 2279                                                                                                                     
                                                                                                                                
ERIC WEATHERS testified via teleconference from Cordova, saying he                                                              
is a "sovereign from the republic of Alaska."  He referred to                                                                   
Article I, Section 8, clause 17, of the federal constitution and                                                                
stated:                                                                                                                         
                                                                                                                                
     Alaska cannot be owned or suppressed by the federal government                                                             
     or the United Nations.  The government did not buy Alaska; the                                                             
     people of the United States of America paid the money, and the                                                             
     U.S. government did not and has not paid them back.  The state                                                             
     of Alaska is, and should be, sovereign to themselves as one of                                                             
     these states of the United States of America.                                                                              
                                                                                                                                
     One of the first acts of war is to take land that no one has                                                               
     direct interest in.  The UN is a foreign power by definition,                                                              
     and it is a foreign enemy by its actions. ... In the United                                                                
     States, persons who promote the United Nations, and                                                                        
     organizations that advance it, are domestic enemies and                                                                    
     traitors.                                                                                                                  
                                                                                                                                
     Executive orders designating land to the United Nations or any                                                             
     foreign or special entities is treason.  Congress can and must                                                             
     stop these unconstitutional executive orders and                                                                           
     proclamations.  It is their constitutional duty.  If the                                                                   
     federal government and the United Nations refuse to withdraw                                                               
     from the sovereign state of Alaska, then they must be                                                                      
     forcefully removed.                                                                                                        
                                                                                                                                
Number 2409                                                                                                                     
                                                                                                                                
DONALD WESTLUND testified next via teleconference from Ketchikan,                                                               
stating, "I want to commend you on this line of sight.  I support                                                               
this resolution, and I tend to agree with the last person that                                                                  
spoke, and also the lady that spoke earlier:  If you can't get 'em                                                              
out, then we'll secede."                                                                                                        
                                                                                                                                
CO-CHAIR OGAN commented that Alaska wouldn't have the fortitude to                                                              
secede "because we have to follow the money, and too much money                                                                 
comes from the federal government."                                                                                             
                                                                                                                                
Number 2467                                                                                                                     
                                                                                                                                
LAIFE WEATHERS testified via teleconference from Cordova in support                                                             
of HJR 15.  A commercial fisherman, he said it is no coincidence                                                                
that "unconstitutional" starts with "UN," and the United Nations                                                                
needs to be kicked out of Alaska and the United States.  He added,                                                              
"I believe in 'constitution or revolution,' no compromise."                                                                     
                                                                                                                                
Number 2513                                                                                                                     
                                                                                                                                
EDWARD FURMAN testified next via teleconference from Cordova,                                                                   
saying he is retired from the military after 20 years of service.                                                               
He expressed concern about Alaska, cautioning that someone who lies                                                             
where a dog has been will have fleas.  He said he loves his                                                                     
country.  He offered to send a fax to the committee about executive                                                             
orders, written by an unspecified well-known writer, then                                                                       
discussed Executive Order "1383" (1998), signed by President                                                                    
Clinton [much of that brief discussion was indiscernible due to                                                                 
poor sound quality].                                                                                                            
                                                                                                                                
REPRESENTATIVE BARNES pointed out that if Alaska were to secede, it                                                             
could probably receive foreign aid, with fewer strings attached.                                                                
                                                                                                                                
CO-CHAIR SANDERS asked whether anyone in Juneau wished to testify;                                                              
there was no response.                                                                                                          
                                                                                                                                
Number 2628                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move CSHJR 15(WTR), as                                                                   
amended, from the committee with individual recommendations and                                                                 
accompanying fiscal note(s); she asked unanimous consent.  There                                                                
being no objection, CSHJR 15(RES) moved from the House Resources                                                                
Standing Committee.                                                                                                             
                                                                                                                                
CO-CHAIR SANDERS turned the gavel over to Co-Chair Ogan.                                                                        
                                                                                                                                
SCR 2 - MANAGEMENT OF FISH & WILDLIFE                                                                                           
                                                                                                                                
CO-CHAIR OGAN announced that the next item of business would be                                                                 
Senate Concurrent Resolution No. 2, relating to management of                                                                   
Alaska's wildlife and fish resources.                                                                                           
                                                                                                                                
Number 2673                                                                                                                     
                                                                                                                                
MEL KROGSENG, Legislative Assistant to Senator Robin Taylor, Alaska                                                             
State Legislature, came forward on behalf of the sponsor.  She                                                                  
noted that SCR 2 is very similar to the resolution of the same                                                                  
number passed by this legislature last year, then stated:                                                                       
                                                                                                                                
     The resolution is intended to send a strong message to the                                                                 
     Governor, the Board of Fisheries, the Board of Game and the                                                                
     Department of Fish and Game that you, the legislature, want                                                                
     the wildlife and fish resources of our state to be                                                                         
     aggressively biologically managed on a sustained yield basis                                                               
     for abundance.                                                                                                             
                                                                                                                                
     Mr. Chairman, over the last few years we've seen a decline in                                                              
     several of our wildlife and fish stocks in certain areas.                                                                  
     This decline has continued to the point where serious                                                                      
     shortages currently exist and are continuing unabated.  Last                                                               
     year, before this very committee, you heard testimony about                                                                
     moose shortages in the Aniak area, and moose and caribou                                                                   
     shortages in the Dot Lake area.  There are ongoing shortages                                                               
     in fish stocks in several areas, as well.  Bristol Bay has                                                                 
     been considered a disaster area for the last two years.  In                                                                
     1997, the Kenai River had very few coho salmon, and just this                                                              
     past year the Kenai was closed down June 5th, very early, to                                                               
     catch-and-release for the first run of Chinook salmon.  The                                                                
     Mat-Su streams, Mr. Chairman, as you well know, have had                                                                   
     ongoing shortages in coho, sockeye, chum and Chinook stocks.                                                               
     Cook Inlet commercial fishing was closed down early just this                                                              
     past year because of a low sockeye run there.                                                                              
                                                                                                                                
     Management of these resources, Mr. Chairman, was delegated by                                                              
     the legislature to the Board of Fisheries, the Board of Game                                                               
     and the Department of Fish and Game, and, therefore, it is                                                                 
     incumbent upon you, the legislature, to tell the agencies the                                                              
     management philosophy that you want followed.  This resolution                                                             
     will send that message - and it is a crystal clear message -                                                               
     that the legislature wants these resources biologically                                                                    
     managed on a sustained yield basis for abundance.                                                                          
                                                                                                                                
MS. KROGSENG read from page 2451 of the original Alaska                                                                         
Constitutional Convention proceedings [copy provided in committee                                                               
packets]:  "... we have in mind no narrow definition of sustained                                                               
yield as is used, for example, in forestry, but the broad premise                                                               
that insofar as possible a principle of sustained yield shall be                                                                
used with respect to administration of those resources which are                                                                
susceptible of sustained yield, and where it is desirable.  For                                                                 
example, predators would not be maintained on a sustained yield                                                                 
basis."  She suggested that having an abundance of wildlife and                                                                 
fish resources in our state would go a long way towards resolving                                                               
the ongoing subsistence issue, as there would be enough of these                                                                
resources for all user groups:  personal use, commercial and sport.                                                             
                                                                                                                                
Number 2815                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES clarified that the legislature delegates                                                                  
authority to the Board of Fisheries and the Board of Game, not the                                                              
Alaska Department of Fish and Game (ADF&G), and members of the                                                                  
department work for those boards.  She added, "We are the only ones                                                             
that can appropriate money, so they do work for us, but we do not                                                               
delegate our powers to them, but to the board of fish and game,                                                                 
because we, under the constitution, are charged with ... the                                                                    
management of all of Alaska's resources."                                                                                       
                                                                                                                                
Number 2864                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN said he supports this resolution but has a                                                                        
reservation about the same-day airborne hunting of brown bears.  He                                                             
stated, "A good example is some action that the board took here                                                                 
recently, that they rescinded their action and held it over to, I                                                               
think, January of next year, and that was same-day airborne brown                                                               
bear hunting in Unit 13; and I think there's a cost-benefit                                                                     
analysis we have to look at when we do those kind of things."  He                                                               
noted that he has lived in this state since 1975, during which time                                                             
he doesn't believe that there has been same-day airborne hunting                                                                
for bears.                                                                                                                      
                                                                                                                                
CO-CHAIR OGAN noted that there had been same-day airborne hunting                                                               
for wolves, deer and caribou, however.  He then stated, "I'm a                                                                  
little concerned, at a time when we're talking about some                                                                       
constitutional amendments to limit or prohibit the public's                                                                     
involvement in fish and game matters, or resource matters, this ...                                                             
literally interpreted would almost instruct them to do whatever                                                                 
they can.  I'm just concerned about the same-day airborne [hunting]                                                             
of bears.  ... While it might be sound biological management, it                                                                
would certainly be a fund raiser for 'Friends of the Animals' and                                                               
'Sierra Clubbers' and those kind of things, ... which could end up                                                              
countering what we're trying to do with some of the initiatives."                                                               
                                                                                                                                
Number 2955                                                                                                                     
                                                                                                                                
MS. KROGSENG responded that there are many ways that the department                                                             
could manage predators, including brown bears.  They could increase                                                             
bag limits, or annual harvests, for example.  She said although she                                                             
wasn't aware of it at the time, she understands that in the Forty                                                               
Mile area there was a special program under which trappers in the                                                               
area took, she believes, 80-some wolves, then tanned the hides and                                                              
sold them at auction.  It didn't cost the state any money; it                                                                   
accomplished the project at hand, which was to lower the wolf                                                                   
population in the area; and it made money for the trappers.                                                                     
                                                                                                                                
TAPE 99-16, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MS. KROGSENG said she knows the sponsor wouldn't want to do                                                                     
anything to jeopardize any of the other resolutions.  What they are                                                             
trying to do with this resolution, as they tried last year, is to                                                               
tell the Board of Fisheries, the Board of Game and the department                                                               
that they need to manage the resources in conformity with the                                                                   
constitutional mandate of sustained yield.  She concluded by saying                                                             
she had read the quotation from the constitutional convention                                                                   
proceedings to point out that when the constitution talks about                                                                 
sustained yield, it is not necessarily talking about wolves, bears                                                              
and other predators.                                                                                                            
                                                                                                                                
Number 2925                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE recalled that the legislature had passed some                                                              
legislation the previous year about managing for abundance.  He                                                                 
asked how HJR 15 works with that.                                                                                               
                                                                                                                                
Number 2906                                                                                                                     
                                                                                                                                
MS. KROGSENG responded that a similar resolution on abundance had                                                               
been passed last year.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOULE noted that this year, the resolution includes                                                              
fish, whereas last year it just pertained to wildlife.  In                                                                      
addition, this one talks about passive management.  He said he                                                                  
recalled a bill, however, having to do with managing for abundance,                                                             
which he believed to be SB 250, by Senator Sharp.  He indicated he                                                              
would ask an ADF&G representative about it.                                                                                     
                                                                                                                                
Number 2850                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES referred to page 2, line 4, of SCR 2, which                                                               
read, "wildlife and fish resources on a biological basis for                                                                    
abundance".  She asked whether, to alleviate Co-Chair Ogan's                                                                    
concerns, it would be appropriate to add wording along the lines                                                                
of, "with the exception of predators that the board of fish and                                                                 
game have determined to be a detriment to the other wildlife                                                                    
population".                                                                                                                    
                                                                                                                                
MS. KROGSENG responded that she believes Senator Taylor would                                                                   
support that proposed amendment.  She stated, "It is not his intent                                                             
to have this resolution imply, in any way, shape, size or form,                                                                 
that we should be managing wolves and bears on a basis for                                                                      
abundance - or other predators, for that matter."                                                                               
                                                                                                                                
CO-CHAIR OGAN suggested saying something about human consumption.                                                               
                                                                                                                                
MS. KROGSENG mentioned the ungulate population, then said she would                                                             
work on the proposed amendment.                                                                                                 
                                                                                                                                
REPRESENTATIVE BARNES offered Ms. Krogseng the language she herself                                                             
had written down.                                                                                                               
                                                                                                                                
Number 2709                                                                                                                     
                                                                                                                                
DALE BONDURANT testified via teleconference from Kenai.  He stated                                                              
support for SCR 2 and agreed with Representative Barnes that the                                                                
legislature is the trustee of Alaska's fish and wildlife resources,                                                             
with responsibility to manage those resources for abundance, for                                                                
the sole benefit of the users - the public.                                                                                     
                                                                                                                                
Number 2650                                                                                                                     
                                                                                                                                
DREW SPARLIN testified via teleconference from Kenai.  A commercial                                                             
fisherman for 35 year in Cook Inlet who resides in Kenai, he told                                                               
members he supports SCR 2.  He has great hopes that it will go                                                                  
towards eliminating politics from the decisions being made, because                                                             
of the need to make decisions through biological data.  Mr. Sparlin                                                             
expressed belief that if everyone made the best decisions, based on                                                             
the best biological information available to them, the resource                                                                 
would be the benefactor.                                                                                                        
                                                                                                                                
Number 2564                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE asked Geron Bruce of the ADF&G whether the                                                                 
bill passed last year and SCR 2 were connected in any way, in terms                                                             
of intensive management and managing for abundance.                                                                             
                                                                                                                                
GERON BRUCE, Legislative Liaison, Office of the Commissioner,                                                                   
Alaska Department of Fish and Game (ADF&G), answered that he                                                                    
doesn't recall a piece of law on this subject that passed last                                                                  
year.  Although a number of bills addressed this general topic, the                                                             
only bill that he remembered passing was SB 250, which was                                                                      
significantly amended as it went through the process.  In its final                                                             
version, he doesn't believe it addressed abundance; rather, it                                                                  
addressed how to account for and track federal aid money, where it                                                              
was going to be appropriated.                                                                                                   
                                                                                                                                
Number 2323                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE said he was wondering whether, in managing for                                                             
abundance, especially for salmon stocks, there may be conflict                                                                  
between some of the user groups, such as commercial and sport                                                                   
interests.                                                                                                                      
                                                                                                                                
MR. BRUCE first offered some background, saying it is hard to talk                                                              
about fish and wildlife in Alaska in general, because this is such                                                              
a huge state, and there is so much difference in the species, the                                                               
productivity in different regions, the patterns of use, and so                                                                  
forth.  While some populations are low or declining, overall both                                                               
our fish and our wildlife populations are quite strong.                                                                         
                                                                                                                                
MR. BRUCE next said he would discuss an area that embodies the kind                                                             
of problems that Representative Joule is talking about.  He stated:                                                             
                                                                                                                                
     I think for the managers - for the people on the Board of                                                                  
     Fisheries, Board of Game, and the department staff that has to                                                             
     implement the management plans that they pass, and carry out                                                               
     the statutes that you folk pass - it balances.  You know,                                                                  
     "balance" is a key word, trying to balance abundance of                                                                    
     different species that may be running at the same time, and                                                                
     may be subject to harvest at the same time.                                                                                
                                                                                                                                
     And I think probably there's no better example of this in the                                                              
     state than Cook Inlet, where you have a very large sockeye                                                                 
     producer in the Kenai River.  You have a number of other                                                                   
     small-to-medium-size producers of sockeye, Chinook salmon,                                                                 
     coho salmon, chum salmon and pink salmon scattered through the                                                             
     drainage.  These fish generally enter Cook Inlet together, and                                                             
     when you say "manage for abundance," ... you have to decide                                                                
     what that means in terms of a management program.  Does it                                                                 
     mean maximizing the production of the strongest stock and                                                                  
     maximizing the harvest of that?  Because that's where you                                                                  
     might actually produce the maximum numbers of fish, and                                                                    
     harvest the maximum numbers of fish.  But what that is going                                                               
     to mean is that for some other stocks, they are going to be                                                                
     less abundant than they could be ... if they weren't mixed                                                                 
     with this stronger stock and subject to incidental harvest                                                                 
     during the prosecution of the fishery for the stronger stock.                                                              
                                                                                                                                
     So, that's why the board tries to balance between ... the                                                                  
     abundant resources, the smaller resources that may never have                                                              
     the potential to be as abundant as some of the larger ones,                                                                
     and then the various users.  It's a very complicated ...                                                                   
     process; it's one that you never get 100 percent right.  But                                                               
     I think the key term there is "balance," and trying to balance                                                             
     all these different production goals, capabilities, the                                                                    
     environmental factors are certainly one, and then the                                                                      
     preferences ... that people have for the different uses of                                                                 
     these resources.                                                                                                           
                                                                                                                                
Number 2323                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to the zero fiscal note.  He asked                                                                
whether, if the ADF&G managed for abundance, there would be a                                                                   
fiscal impact, using salmon as an example.                                                                                      
                                                                                                                                
MR. BRUCE replied that human resources - staff - are a constraint                                                               
in terms of trying to maximize production for the whole range of                                                                
resources.  He pointed out all of the information they would have                                                               
to gather from all the systems in Cook Inlet, for example, to be                                                                
applied, in season, to management of the fisheries, to try to                                                                   
separate the systems in order to get maximum production from each                                                               
individual unit.  It would be costly.  It would also be very                                                                    
difficult to accomplish, given the overlap, even with unlimited                                                                 
funds; but certainly funds and manpower are factors in determining                                                              
how much information they can gather, and how many stocks they can                                                              
manage with that level of precision.                                                                                            
                                                                                                                                
Number 2226                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to page 1, lines 10 and 11, which                                                                 
read, "WHEREAS the passive monitoring of declining wildlife and                                                                 
fish populations is no longer acceptable".  He asked whether Mr.                                                                
Bruce would say that passive management is the ADF&G's current type                                                             
of management.                                                                                                                  
                                                                                                                                
MR. BRUCE replied, "I guess we read the resolution as implying that                                                             
that is passive and somehow not good or not what we should be                                                                   
doing."  He told members he would echo the testimony of Wayne                                                                   
Regelin, Director, Division of Wildlife Conservation, ADF&G, in the                                                             
earlier hearing on SCR 2 in the House Special Committee on                                                                      
Fisheries.  Mr. Regelin had strongly stated that basic data                                                                     
collection - including data on harvests, resource inventory and                                                                 
productivity - is the heart of any successful fish and wildlife                                                                 
management program.  They have to have it.  Without it, they would                                                              
be shooting blind, with no idea what they were doing.                                                                           
                                                                                                                                
MR. BRUCE emphasized that Alaska has a reputation as a leader in                                                                
fish and wildlife management, primarily because of the data                                                                     
collection and analysis carried out on a systematic and regular                                                                 
basis; that is also the reason why there are fish and wildlife                                                                  
resources here in this state.                                                                                                   
                                                                                                                                
Number 2145                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked, "Mr. Bruce, you would, then, concede                                                               
that because we have this ongoing research all the time, in our                                                                 
fish and wildlife population, that it would be hard to determine if                                                             
you needed additional funds for the research activity, since it is                                                              
an ongoing process, and that that would not, in any way, take from                                                              
the zero fiscal note that was attached to this bill?"                                                                           
                                                                                                                                
MR. BRUCE replied that he doesn't believe this resolution requires                                                              
a positive fiscal note from the ADF&G; it is an expression of the                                                               
legislature's will and desires.                                                                                                 
                                                                                                                                
Number 2093                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES moved to adopt the previously discussed                                                                   
conceptual amendment, which had been typed up as follows:                                                                       
                                                                                                                                
     On page 2, line 4, insert:                                                                                                 
                                                                                                                                
     "with the exception of predators that the Board of Fish[eries]                                                             
     and the Board of Game have determined to be a detriment to the                                                             
     resources used for human consumption."                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES asked unanimous consent.  There being no                                                                  
objection, Conceptual Amendment 1 was adopted.  [Further                                                                        
clarification of this amendment by Representative Barnes is found                                                               
at Number 1079 during the hearing on HJR 28.]                                                                                   
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move SCR 2, as amended, from                                                             
committee with the accompanying zero fiscal note and individual                                                                 
recommendations; she asked unanimous consent.  There being no                                                                   
objection, HCS SCR 2(RES) moved out of the House Resources Standing                                                             
Committee.                                                                                                                      
                                                                                                                                
CO-CHAIR OGAN called an at-ease at 2:20 p.m.  He called the meeting                                                             
back to order at 2:21 p.m.                                                                                                      
                                                                                                                                
HJR 28 - COOK INLET BELUGA POPULATION                                                                                           
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN announced the next item of business would be House                                                                
Joint Resolution No. 28, requesting that the National Marine                                                                    
Fisheries Service and the United States Congress act immediately to                                                             
reverse the decline of the Cook Inlet beluga whale population and                                                               
to regulate the harvest of the beluga whales in Cook Inlet until                                                                
the beluga whale population has recovered.  In packets was a                                                                    
proposed committee substitute, version 1-LS0649\G, Utermohle,                                                                   
3/19/99.  Co-Chair Ogan noted that he is a co-sponsor of the                                                                    
resolution.                                                                                                                     
                                                                                                                                
Number 1973                                                                                                                     
                                                                                                                                
REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, prime                                                                   
sponsor, advised members that the language in this revised                                                                      
resolution has been agreed-upon and supported by the parties                                                                    
involved in this issue.  She noted that Ron Somerville, Resource                                                                
Consultant to the House Majority, was present to answer any                                                                     
technical question.                                                                                                             
                                                                                                                                
REPRESENTATIVE PHILLIPS explained that Cook Inlet beluga whales are                                                             
currently managed under the Marine Mammal Protection Act.  Under                                                                
provisions of that Act, Alaska Native harvest of marine mammals                                                                 
cannot be regulated by the National Marine Fisheries Service (NMFS)                                                             
until a specie has been declared "depleted."  The number of Cook                                                                
Inlet beluga whales has drastically declined in the past five                                                                   
years.  According to NMFS and the Alaska Department of Fish and                                                                 
Game (ADF&G), the annual harvest needs to be reduced from about 75                                                              
to less than 7, to allow for recovery.                                                                                          
                                                                                                                                
REPRESENTATIVE PHILLIPS told members that since 1974, organizations                                                             
with a strong interest in the Cook Inlet beluga whales have been                                                                
working to promote conservation of those whales.  The Cook Inlet                                                                
Marine Mammal Council (CIMMC), whose members include Native tribes                                                              
and groups, and the Alaska Beluga Whale Committee recognize the                                                                 
need for a joint effort with NMFS to maintain a sustainable harvest                                                             
for local traditional subsistence use.                                                                                          
                                                                                                                                
REPRESENTATIVE PHILLIPS explained that recently, environmental and                                                              
animal rights groups petitioned NMFS to undertake the emergency                                                                 
listing of this stock under the Endangered Species Act.  However,                                                               
such a listing would erode the ability of the local Native                                                                      
community to participate in the management of these resources.  It                                                              
could mean that subsistence harvesting would not be allowed, for                                                                
example, and it could cause irreparable harm to all of the major                                                                
industries of Cook Inlet, including commercial and sport fishing,                                                               
oil and gas, shipping and tourism.                                                                                              
                                                                                                                                
REPRESENTATIVE PHILLIPS advised members that the CIMMC and the                                                                  
Alaska Beluga Whale Committee believe that such a listing would be                                                              
counterproductive at this time, because they are working together                                                               
diligently to finalize an interim agreement for managing this                                                                   
stock.  This resolution calls for NMFS and Congress to address this                                                             
issue before it is determined that an endangered specie listing is                                                              
warranted.  The resolution recommends that NMFS begin a specie                                                                  
status review under the Marine Mammal Protection Act, and that                                                                  
Congress amend that Act to give the agency authority to control the                                                             
harvest, at least for a specific period of time.  It also calls for                                                             
Congress to fund adequate research and management programs for                                                                  
NMFS, to address the data deficiencies and to provide adequate                                                                  
funds for the management needs.                                                                                                 
                                                                                                                                
REPRESENTATIVE PHILLIPS emphasized that nothing in HJR 28 precludes                                                             
continuing efforts by NMFS and local beluga whale hunters to work                                                               
cooperatively.  She concluded, "The time for action is now.  This                                                               
is an urgent issue for Alaska Native populations and the major                                                                  
economies invested in the Cook Inlet region.  Continued delays and                                                              
agency foot-dragging will lead to severe personal and economic                                                                  
consequences.  Many organizations and Cook Inlet users support the                                                              
language in this resolution, and I ask for your support today."                                                                 
                                                                                                                                
Number 1752                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN advised listeners that the proposed committee                                                                     
substitute (CS) wasn't yet before the committee because they had                                                                
temporarily lost a quorum.                                                                                                      
                                                                                                                                
REPRESENTATIVE PHILLIPS confirmed that her testimony had been based                                                             
on that proposed CS, a copy of which had been sent to the                                                                       
Legislative Information Offices (LIOs).                                                                                         
                                                                                                                                
Number 1675                                                                                                                     
                                                                                                                                
ROSETTA ALCANTRA, United Cook Inlet Drift Association (UCIDA),                                                                  
testified via teleconference from Kenai, noting that UCIDA                                                                      
represents the 585 salmon drift permit holders in the Upper Cook                                                                
Inlet, 350 of whom are current members.  In addition, UCIDA is                                                                  
active at the federal and state levels as a member of the executive                                                             
committee of the United Fishermen of Alaska.                                                                                    
                                                                                                                                
MS. ALCANTRA said UCIDA would like to go on record as supporting                                                                
HJR 28.  While they are concerned about the decline of beluga                                                                   
whales in Cook Inlet, in light of the inconclusive data available                                                               
they feel it would be detrimental to both Cook Inlet and the state                                                              
to list the beluga whales as threatened or endangered under the                                                                 
Endangered Species Act until further studies can determine accurate                                                             
numbers and the reasons for decline.  In fact, this summer the Cook                                                             
Inlet drift fleet is scheduled to participate in the NMFS observer                                                              
program, and UCIDA has committed to assist NMFS in its efforts to                                                               
gain additional information regarding the beluga whales.  In                                                                    
addition, they have indicated to NMFS that they would participate                                                               
in other studies, if deemed necessary.                                                                                          
                                                                                                                                
MS. ALCANTRA said she believes that conclusive numbers can be                                                                   
established regarding Cook Inlet's beluga whales.  Although UCIDA                                                               
does not support listing of the specie as threatened or endangered,                                                             
UCIDA does support a request to have NMFS manage the harvest of                                                                 
beluga whales until the population has recovered.  Furthermore,                                                                 
UCIDA believes that it is imperative to have financial security for                                                             
the necessary research to establish concrete numbers of beluga                                                                  
whales.                                                                                                                         
                                                                                                                                
Number 1558                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether there is ever any bycatch of beluga                                                                 
whales in driftnets for salmon.  He noted that sometimes Steller                                                                
sea lions are caught in trawls, for example.                                                                                    
                                                                                                                                
MS. ALCANTRA replied that to her knowledge, there has been no                                                                   
interaction between beluga whales and the drift fleet.                                                                          
                                                                                                                                
Number 1501                                                                                                                     
                                                                                                                                
DAN ALEX, Project Coordinator, Cook Inlet Marine Mammal Council                                                                 
(CIMMC), testified via teleconference from Anchorage, specifying                                                                
that the CIMMC is a 501(c)(3) nonprofit corporation chartered under                                                             
the laws of the state of Alaska.  He told members that the CIMMC                                                                
and the Alaska Beluga Whale Committee had asked United States                                                                   
Senator Stevens for an emergency amendment to the Marine Mammal                                                                 
Protection Act, which has been accomplished.  They had also asked                                                               
for funding for co-management.  Mr. Alex said that the CIMMC is not                                                             
new to co-management proposals to NMFS; the first time that was                                                                 
done was in 1994.                                                                                                               
                                                                                                                                
MR. ALEX told members that the CIMMC, along with RurAL CAP [Rural                                                               
Alaska Community Action Program] and the Alaska Beluga Whale                                                                    
Committee, recently co-sponsored a symposium forum, where there was                                                             
a consensus on some key points on a draft interim co-management                                                                 
agreement.  They have had one session already, and they expect to                                                               
have one or more negotiating sessions this week, with expected                                                                  
conclusion of an interim co-management agreement to be in place by                                                              
April 1.  Mr. Alex mentioned the perception of overharvesting, then                                                             
concluded by saying the CIMMC plans to do accurate harvest and                                                                  
population counts, as well as additional scientific studies upon                                                                
which meaningful and valid decisions can be made.                                                                               
                                                                                                                                
CO-CHAIR OGAN asked Mr. Alex whether he is a whale hunter.                                                                      
                                                                                                                                
MR. ALEX said he is not, although he is the project coordinator for                                                             
CIMMC, which represents beluga whale hunters in the Cook Inlet                                                                  
area.                                                                                                                           
                                                                                                                                
CO-CHAIR OGAN asked Mr. Alex to describe how beluga whales are                                                                  
hunted.                                                                                                                         
                                                                                                                                
Number 1324                                                                                                                     
                                                                                                                                
MR. ALEX replied, "It's actually not very difficult.  You take an                                                               
open-top dory and a spear, you know, a harpoon, and harpoon the                                                                 
whale with a float on it.  And once the whale comes back up, you                                                                
kill it and then take it to shore and cut it up."                                                                               
                                                                                                                                
REPRESENTATIVE JOULE pointed out that in Cook Inlet that is quite                                                               
a challenge because of the murky waters there.                                                                                  
                                                                                                                                
REPRESENTATIVE PHILLIPS mentioned the huge tides, as well.                                                                      
                                                                                                                                
REPRESENTATIVE JOULE observed that harpooning the whale before                                                                  
shooting it takes quite a bit of skill.  Furthermore, by harpooning                                                             
it first, it ensures that the hunter will catch that whale because                                                              
of the attached float, and it is really quite a conservation                                                                    
measure.  In contrast, if a person shot a whale first, wounding it,                                                             
the chances of harvesting that particular animal would be greatly                                                               
diminished.                                                                                                                     
                                                                                                                                
Number 1216                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether any current regulation requires that                                                                
the whale be harpooned first.                                                                                                   
                                                                                                                                
MR. ALEX answered, "We are proposing a set of rules that the                                                                    
hunters have proposed, that would require that."                                                                                
                                                                                                                                
CO-CHAIR OGAN asked for confirmation that now a hunter could shoot                                                              
first, then harpoon later.                                                                                                      
                                                                                                                                
MR. ALEX affirmed that.                                                                                                         
                                                                                                                                
Number 1170                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN stated that he supports that type of rule, which he                                                               
believes would ensure that any whales that are struck would most                                                                
likely be taken.  He asked whether non-Natives can participate in                                                               
hunt like that, as observers.                                                                                                   
                                                                                                                                
MR. ALEX specified that non-Natives can be observers, but the only                                                              
people allowed to harvest the whales are Natives.                                                                               
                                                                                                                                
CO-CHAIR OGAN commented, "Well, if anybody wants to take me whale                                                               
hunting, I'm game."  He noted that there was now a quorum.                                                                      
                                                                                                                                
Number 1079                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to adopt the proposed CS,                                                                   
version 1-LS0649\G, Utermohle, 3/19/99, as a work draft; she asked                                                              
unanimous consent.  There being no objection, that proposed CS was                                                              
before the committee. [HJR 28 continues after short discussion of                                                               
SCR 2.]                                                                                                                         
                                                                                                                                
SCR 2 - MANAGEMENT OF FISH & WILDLIFE                                                                                           
                                                                                                                                
Number 1079                                                                                                                     
                                                                                                                                
Senate Concurrent Resolution No. 2, relating to management of                                                                   
Alaska's wildlife and fish resources, was brought up again briefly.                                                             
                                                                                                                                
REPRESENTATIVE BARNES referred to Conceptual Amendment 1, adopted                                                               
earlier that meeting.  She pointed out that the boards don't meet                                                               
jointly.  Therefore, the amendment needs to say, "the Board of                                                                  
Fish[eries] or the Board of Game".  She suggested that because it                                                               
is a conceptual amendment, hurriedly drafted, there is no problem                                                               
with making that change, as the drafters could have changed it                                                                  
themselves.                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether anyone objected to that change to                                                                   
Conceptual Amendment 1; no objection was heard.  [End of this                                                                   
section.]                                                                                                                       
                                                                                                                                
HJR 28 - COOK INLET BELUGA POPULATION                                                                                           
                                                                                                                                
CO-CHAIR OGAN returned the committee's attention to House Joint                                                                 
Resolution No. 28, requesting that the National Marine Fisheries                                                                
Service and the United States Congress act immediately to reverse                                                               
the decline of the Cook Inlet beluga whale population and to                                                                    
regulate the harvest of the beluga whales in Cook Inlet until the                                                               
beluga whale population has recovered.                                                                                          
                                                                                                                                
Number 0958                                                                                                                     
                                                                                                                                
DAVID VOLUCK, Attorney at Law, Copeland, Landye, Bennett and Wolf,                                                              
testified via teleconference from Anchorage, noting that his law                                                                
firm provides legal counsel to the CIMMC.  He told members, "We're                                                              
encouraged by the state's support of co-management agreements with                                                              
Alaska Native organizations.  My only issue with the resolution, as                                                             
drafted, is that it refers to local Native subsistence hunters or                                                               
users, which is basically incorrect.  It should refer to the Cook                                                               
Inlet Marine Mammal Council, as they are the only body with the                                                                 
authority of the tribes in the Cook Inlet region to manage the                                                                  
beluga whales in Cook Inlet."  He said the first reference to                                                                   
Alaska Native organizations begins at line 13; it mentions local                                                                
Native subsistence users at page 2, lines 21 and 26, and in both                                                                
places it should refer to the CIMMC.                                                                                            
                                                                                                                                
REPRESENTATIVE BARNES responded that she believes that Mr. Voluck                                                               
is probably quite correct.  She asked whether she could move that                                                               
as an amendment.                                                                                                                
                                                                                                                                
REPRESENTATIVE PHILLIPS requested that Ron Somerville speak to                                                                  
that, because it had been a consideration.                                                                                      
                                                                                                                                
Number 0832                                                                                                                     
                                                                                                                                
RON SOMERVILLE, Resource Consultant to the House and Senate                                                                     
Leadership, Alaska State Legislature, came forward.  He reminded                                                                
members that a similar resolution would be up in the Senate that                                                                
afternoon, then said these amendments that were provided by the                                                                 
council were discussed among some of the leadership; the only                                                                   
reason that was dropped was because there are people other than                                                                 
from Cook Inlet who come to Cook Inlet to harvest belugas.  He                                                                  
stated, "And so, the council itself is not totally able to control                                                              
the harvest, if you will, so just referencing the council does not                                                              
cover all of the Native people who, in fact, could legally                                                                      
participate in the harvesting.  It doesn't preclude the                                                                         
co-management agreements.  It doesn't preclude the council's being                                                              
the lead agency in the co-management.  It just was dropped as a                                                                 
specific reference here in the resolution."                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES said she would remove her reference to an                                                                 
amendment.                                                                                                                      
                                                                                                                                
Number 0742                                                                                                                     
                                                                                                                                
MR. VOLUCK responded, "While it is true that there are other                                                                    
Natives from the various areas of the state that can hunt in Cook                                                               
Inlet, the only body that has the authority of the tribes which                                                                 
control the geographical area is the Cook Inlet Marine Mammal                                                                   
Council, that I'm aware of.  And so, by just referencing local                                                                  
Native subsistence users, you are denigrating the efforts and the                                                               
authority of the council to manage that beluga whale take.  The                                                                 
result of the symposium that was held - I guess about a week and a                                                              
half ago; [it] was from the hunters and all the various users that                                                              
showed up in Anchorage to deal with this issue - was to support the                                                             
Cook Inlet Marine Mammal Council as the managing body for this                                                                  
area."                                                                                                                          
                                                                                                                                
Number 646                                                                                                                      
                                                                                                                                
REPRESENTATIVE PHILLIPS referred back to her opening remarks,                                                                   
emphasizing that nothing in this resolution precludes continuing                                                                
efforts by NMFS and the local beluga whale hunters to work                                                                      
cooperatively.                                                                                                                  
                                                                                                                                
CO-CHAIR OGAN asked whether the CIMMC is a tribe.                                                                               
                                                                                                                                
MR. VOLUCK indicated CIMMC is a nonprofit organization that has                                                                 
been chartered by the Cook Inlet treaty tribes:  Tyonek, Eklutna,                                                               
Chickaloon, Seldovia and Ninilchik, that he is aware of.  He added,                                                             
"[U.S. Senator] Stevens refers to it in his legislative amendment,                                                              
so it's not without precedent."                                                                                                 
                                                                                                                                
Number 0544                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN emphasized that they are dealing with a nonprofit                                                                 
corporation here, not a tribe.                                                                                                  
                                                                                                                                
Number 0492                                                                                                                     
                                                                                                                                
DALE BONDURANT testified again via teleconference from Kenai,                                                                   
stating, "I truly believe that we need something like this,                                                                     
especially when we're talking about a depletion of a resource in                                                                
Cook Inlet."  He said it would be much better to work this out                                                                  
among ourselves and show a responsible plan for all users, rather                                                               
than having it be forced under application of the Endangered                                                                    
Species Act.  Mr. Bondurant said he was glad they had cleared up                                                                
the status of the CIMMC as a nonprofit organization, as he doesn't                                                              
believe this should talk about dealing with a certain tribal                                                                    
entity.  He supports this effort and believes that it is the right                                                              
way to go.                                                                                                                      
                                                                                                                                
Number 0357                                                                                                                     
                                                                                                                                
DREW SPARLIN testified again via teleconference from Kenai, noting                                                              
that he is a Cook Inlet drift fisherman who resides in Kenai.  He                                                               
expressed appreciation to the sponsor for her work on HJR 28, which                                                             
he supports.  A member of UCIDA, he feels very comfortable with                                                                 
their representing him and his fellow fishermen on this issue.  He                                                              
expressed great hopes that they will be able to accomplish what                                                                 
they've set out to do, which is to determine the cause of the                                                                   
decline of the beluga whale population in Cook Inlet.  He concluded                                                             
by emphasizing that never, in 35 years of fishing, had a beluga                                                                 
whale hit his net, let alone be entangled.                                                                                      
                                                                                                                                
Number 0216                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether Mr. Sparlin had ever had beluga whales                                                              
around the area where he was fishing.  He noted that driftnetters                                                               
fish in the tide rips in the inlet, and when he himself dipnets for                                                             
salmon on Fish Creek, beluga whales sometimes show up at the mouth                                                              
of the creek and the fishermen then catch no fish.  Co-Chair Ogan                                                               
commented that he assumes those whales have a healthy appetite for                                                              
salmon.  He asked whether the belugas are smart enough and have                                                                 
good enough sonar that they can avoid the nets, or whether Mr.                                                                  
Sparlin had just not encountered them.                                                                                          
                                                                                                                                
MR. SPARLIN replied, "Yes, in fact, I would say that they are                                                                   
intelligent enough, or have the sonar equipment necessary, to avoid                                                             
the nets."  He pointed out that in days past, when there were more                                                              
belugas, they certainly had the opportunity to have nets set                                                                    
whenever the belugas arrived.  He stated, "The old fishermen, the                                                               
first thing they would put on the radio for information would be                                                                
the fact that 'you now have belugas around you, and you'd better                                                                
get your gear up and get out.'  What it does is it sounds the                                                                   
salmon.  So, consequently, ... there has been interaction, but I                                                                
don't think that it has ever caused any kind of a problem and                                                                   
concern of damage to the beluga, and, quite honestly, we are going                                                              
to have a tendency to try to avoid a pod of beluga while they're                                                                
feeding."                                                                                                                       
                                                                                                                                
TAPE 99-17, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
MARGARET ROBERTS, Chair, Alaska Sea Otter and Steller Sea Lion                                                                  
Commission, testified via teleconference from Anchorage.  She told                                                              
members, "Our commission is a statewide tribal consortium.  Our                                                                 
board represents six coastal regions, from Southeast, Chugach, Cook                                                             
Inlet, Kodiak, Bristol Bay and the Aleutians.  We have been very                                                                
active in cooperative management for the last three years, with                                                                 
regional and local management plans for sea otters, and we've done                                                              
a lot of research with the federal agencies.  We support the                                                                    
efforts of the Cook Inlet Marine Mammal Council and National Marine                                                             
Fisheries Service to sign a co-management agreement for the                                                                     
conservation of beluga in the Cook Inlet region."                                                                               
                                                                                                                                
CO-CHAIR OGAN asked whether Ms. Roberts supports HJR 28.                                                                        
                                                                                                                                
MS. ROBERTS specified that she was speaking only in favor of                                                                    
supporting CIMMC and NMFS in their cooperative management                                                                       
agreement, not in support of the resolution.                                                                                    
                                                                                                                                
Number 0250                                                                                                                     
                                                                                                                                
DOLLY GARZA, Chair, Indigenous People's Commission on Marine                                                                    
Mammals (IPCOMM), testified via teleconference from Anchorage.                                                                  
Formed in the mid-1980s, their membership includes the Alaska                                                                   
Beluga Whale Committee, the Eskimo Whaling Commission, the Alaska                                                               
Sea Otter and Sea Lion Commission, the Alaska Native Harbor Seal                                                                
Commission, the Association of Village Council Presidents (AVCP),                                                               
the Bristol Bay Marine Mammal Commission, the Eskimo Walrus                                                                     
Commission, the Inuit Circumpolar Conference, the North Slope                                                                   
Borough, the North Slope Borough Department of Wildlife Management,                                                             
the Pribilof Aleut Fur Seal Commission, the Southeast Native                                                                    
Subsistence Commission, Maniilaq Association, the Alaska Nanuuq                                                                 
Commission, and the Sitka Marine Mammal Commission.                                                                             
                                                                                                                                
MS. GARZA told members that she was there to testify in favor of                                                                
HJR 28, provided that there are two changes, as noted in the                                                                    
commission's letter of March 19.  She acknowledged that she has a                                                               
copy of the proposed CS, also dated 3/19/99, which incorporates                                                                 
some of their requested changes.  She said, "We speak in favor of                                                               
what Dan [Alex] and David [Voluck] had spoken to earlier, that on                                                               
page 2, line 13, line 20 and line 26, that it does need to                                                                      
specifically state, 'Cook Inlet Marine Mammal Commission.'  That                                                                
commission has worked very hard with the National Marine Fisheries                                                              
Service, and with the local hunters, to establish the protocol and                                                              
process to regulate the hunt."                                                                                                  
                                                                                                                                
MS. GARZA continued, "In addition, Senator Stevens' rider                                                                       
specifically states the marine mammal council - and we believe that                                                             
also, the second amendment, on the second page, starting with line                                                              
18, the 'FURTHER RESOLVED' that the Alaska State Legislature                                                                    
respectfully support Senator Stevens' rider to regulate the harvest                                                             
of Cook Inlet beluga whales ... with the Cook Inlet Marine Mammal                                                               
Council - if that amendment is not incorporated, then, as it reads,                                                             
amending MMPA [Marine Mammal Protection Act] would not happen until                                                             
this fall or winter, or till next year, and that would have no                                                                  
impact on this year's hunt of marine mammals."  Ms. Garza said that                                                             
Senator Stevens' rider would allow CIMMC and NMFS to come up with                                                               
that management for this year.  She added, "We've already heard                                                                 
testimony that April 1, or by April 15th, that that management                                                                  
would be in place.  Mr. Chairman, we do support the resolution, but                                                             
we are hoping for those amendments."                                                                                            
                                                                                                                                
Number 0461                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE said he was wondering whether, in the three                                                                
areas of HJR 28 (page 2, lines 12, 21 and 26) referenced by the                                                                 
groups involved with the beluga commission or CIMMC, it would be                                                                
appropriate to accommodate language that specifically cites CIMMC                                                               
and others.  He suggested that would garner a whole lot of support.                                                             
                                                                                                                                
Number 0580                                                                                                                     
                                                                                                                                
MS. GARZA responded, "I guess the concern we have is that by adding                                                             
other Alaska Native organizations, it will actually make it much                                                                
more difficult to set up regulations and enforcement.  Cook Inlet                                                               
Marine Mammal [Council], in itself, has become the leadership, and                                                              
that is the group that National Marine Fisheries Service is working                                                             
with.  If National Marine Fisheries Service is then required to                                                                 
work with any other Alaska Native organization, then it could make                                                              
it much more difficult to come up with a harvest level and                                                                      
regulation plan.  So, by leaving it as one, Cook Inlet Marine                                                                   
Mammal Council, it will be more likely that those regulations will                                                              
be established and implemented for this year."                                                                                  
                                                                                                                                
Number 0668                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS emphasized that the wording of HJR 28 was                                                               
very, very carefully crafted to allow the organizations that need                                                               
to put the co-management agreements together to do that.  Nothing                                                               
in the resolution prohibits - in any way, shape or form - any of                                                                
those groups getting together for co-management, and nothing in it                                                              
will affect any co-management agreement or any decisions that any                                                               
of those groups want to put together.  "We did not want the                                                                     
legislature to be involved in that co-management decision," she                                                                 
added, saying that is between the Native populations that take the                                                              
belugas and NMFS.  She asked Mr. Somerville to expound on that.                                                                 
                                                                                                                                
MR. SOMERVILLE said in talking to some of the people concerned, it                                                              
is very understandable that they would like to push the                                                                         
co-management agreements.  However, the resolution was purposefully                                                             
designed so that there isn't a big floor debate about the                                                                       
definition of "co-management."  He stated:                                                                                      
                                                                                                                                
     Even as successful as the co-management agreements have been                                                               
     on bowhead whales or, in some cases, with walrus and other                                                                 
     species, as pointed out, it is not clear in some cases to what                                                             
     extent the National Marine Fisheries Service ... delegates its                                                             
     authority to the tribes.  What they've been able to do is work                                                             
     out some sort of agreement as to issuance of permits ... and                                                               
     the development of cooperative regulations in this sort of                                                                 
     thing.  But the extent of the enforcement in this sort of                                                                  
     thing is really still kind of up in the air.                                                                               
                                                                                                                                
     And so, if we get into a big debate about what you're                                                                      
     endorsing or not endorsing on the House and Senate floors, you                                                             
     know, that's a decision you have to make.  But the point was                                                               
     we were ... requested to try and avoid that, and still                                                                     
     allowing for these cooperative agreements to be developed and                                                              
     go forward without having a debate as to what they entail.                                                                 
                                                                                                                                
Number 0832                                                                                                                     
                                                                                                                                
CO-CHAIR OGAN asked whether Mr. Somerville concurs with the                                                                     
sponsor's assessment that being silent on it basically leaves it up                                                             
to those that will enter into these agreements.                                                                                 
                                                                                                                                
MR. SOMERVILLE replied, "Mr. Chairman, I'm silent in the respect                                                                
that the people that I've been told to work with, and helping craft                                                             
some of this language, it was the best way of avoiding it.  It's                                                                
not my decision to make; that's your decision as to whether we'd                                                                
want to do that."                                                                                                               
                                                                                                                                
CO-CHAIR OGAN asked whether anyone else wished to testify, then                                                                 
closed public testimony.                                                                                                        
                                                                                                                                
Number 0903                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE asked for confirmation that Senator Stevens'                                                               
amendment specifically talks to the NMFS and the CIMMC.                                                                         
                                                                                                                                
MR. SOMERVILLE nodded in assent.                                                                                                
                                                                                                                                
Number 0950                                                                                                                     
                                                                                                                                
REPRESENTATIVE BARNES made a motion to move CSHJR 28 out of                                                                     
committee with individual recommendations and the accompanying                                                                  
fiscal note; she asked unanimous consent.  There being no                                                                       
objection, CSHJR 28(RES) moved out of the House Resources Standing                                                              
Committee.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0970                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 3:00 p.m.                                                                 

Document Name Date/Time Subjects