Legislature(2011 - 2012)BARNES 124

04/02/2012 01:00 PM House RESOURCES


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01:08:31 PM Start
01:09:36 PM Confirmation Hearing(s): Board of Game
01:32:32 PM HJR40
01:53:32 PM HB356
02:28:46 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 356 LAND MANAGEMENT:HUNTING/FISHING/TRAPPING TELECONFERENCED
Heard & Held
+ Confirmation Hearing: TELECONFERENCED
Board of Game
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HJR 40 RS 2477 RIGHTS-OF-WAY
Moved CSHJR 40(RES) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 2, 2012                                                                                          
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eric Feige, Co-Chair                                                                                             
Representative Paul Seaton, Co-Chair                                                                                            
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Alan Dick                                                                                                        
Representative Neal Foster                                                                                                      
Representative Bob Herron                                                                                                       
Representative Cathy Engstrom Munoz                                                                                             
Representative Berta Gardner                                                                                                    
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
     Board of Game                                                                                                            
                                                                                                                                
     Teresa Sager-Albaugh - Tok                                                                                                 
     Robert (Bob) Mumford - Anchorage                                                                                           
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 40                                                                                                   
Commending the governor and the administration for aggressively                                                                 
working to enforce the rights of the state in R.S. 2477 rights-                                                                 
of-way; urging the  governor and the attorney  general to develop                                                               
a  working alliance  with  other western  states  to protect  and                                                               
enforce  appropriation request  to fund  an aggressive  effort by                                                               
the state to resolve issues  relating to R.S. 2477 rights-of-way,                                                               
including  possible  litigation,  and  to  continue  to  work  to                                                               
preserve the rights of the state in regard to R.S. 2477 rights-                                                                 
of-way.                                                                                                                         
                                                                                                                                
     - MOVED CSHJR 40(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 356                                                                                                              
"An Act relating to land management by the Board of Game and                                                                    
Department of Natural Resources for trapping and sport and                                                                      
subsistence hunting."                                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 40                                                                                                                  
SHORT TITLE: RS 2477 RIGHTS-OF-WAY                                                                                              
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       RES, JUD                                                                                               
03/26/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/26/12       (H)       Heard & Held                                                                                           
03/26/12       (H)       MINUTE(RES)                                                                                            
03/30/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/30/12       (H)       Heard & Held                                                                                           
03/30/12       (H)       MINUTE(RES)                                                                                            
04/02/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 356                                                                                                                  
SHORT TITLE: LAND MANAGEMENT:HUNTING/FISHING/TRAPPING                                                                           
SPONSOR(s): REPRESENTATIVE(s) PRUITT                                                                                            
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       RES                                                                                                    
04/02/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TERESA SAGER-ALBAUGH, Appointee                                                                                                 
Board of Game                                                                                                                   
Alaska Department of Fish & Game (ADF&G)                                                                                        
Tok, Alaska                                                                                                                     
POSITION STATEMENT:  Testified as appointee for reappointment to                                                              
the Board of Game.                                                                                                              
                                                                                                                                
ROD ARNO, President                                                                                                             
Alaska Outdoor Council (AOC)                                                                                                    
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Supported the reappointment of Teresa                                                                    
Sager-Albaugh to the Board of Game.                                                                                             
                                                                                                                                
MIKE CRAWFORD, President                                                                                                        
Safari Club International - Kenai Chapter (SCI)                                                                                 
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Supported the confirmation of Teresa Sager-                                                              
Albaugh's reappointment to the Board of Game.                                                                                   
                                                                                                                                
AL BARRETTE, Chair                                                                                                              
Subcommittee on Trapping                                                                                                        
Fairbanks Fish & Game Advisory Committee                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Supported the confirmation of Teresa Sager                                                               
Albaugh's reappointment to the Board of Game.                                                                                   
                                                                                                                                
ROBERT (Bob) MUMFORD, Appointee                                                                                                 
Board of Game                                                                                                                   
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Game.                                                                                                                           
                                                                                                                                
AL BARRETT, Member                                                                                                              
Fairbanks Fish & Game Advisory Committee (FFGAC)                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of Robert Mumford's                                                                 
appointment to the Board of Game.                                                                                               
                                                                                                                                
JIM POUND, Staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the proposed committee substitute                                                              
(CS), Version B, for HJR 40 on behalf of the sponsor,                                                                           
Representative Wes Keller.                                                                                                      
                                                                                                                                
KENT SULLIVAN, Assistant Attorney General                                                                                       
Natural Resources Section                                                                                                       
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided information regarding HJR 40.                                                                   
                                                                                                                                
MALCOLM ROBERTS, Consultant                                                                                                     
Malcolm Roberts & Associates                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HJR 40.                                                                          
                                                                                                                                
REPRESENTATIVE LANCE PRUITT                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor introduced HB 356.                                                                      
                                                                                                                                
DIRK CRAFT, Staff                                                                                                               
Representative Lance Pruitt                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided a sectional analysis of HB 356 on                                                               
behalf of the prime sponsor, Representative Pruitt.                                                                             
                                                                                                                                
DOUG VINCENT-LANG, Acting Director                                                                                              
Division of Wildlife Conservation (DWC)                                                                                         
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions regarding HB 356.                                                                     
                                                                                                                                
WYN MENAFEE, Chief of Operations                                                                                                
Division of Mining, Land, and Water (DML&W)                                                                                     
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and answered questions during the                                                              
discussion of HB 356.                                                                                                           
                                                                                                                                
GEORGE PIERCE                                                                                                                   
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in opposition to HB 356.                                                                       
                                                                                                                                
PRESTON WILLIAMS                                                                                                                
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 356.                                                                          
                                                                                                                                
MIKE CRAWFORD, President                                                                                                        
Safari Club International (SCI-Alaska)                                                                                          
Kenai Peninsula Chapter                                                                                                         
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 356.                                                                          
                                                                                                                                
EDDIE GRASSER, Lobbyist;                                                                                                        
Regional Representative                                                                                                         
Safari Club International (SCI-Alaska)                                                                                          
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 356.                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:08:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ERIC FEIGE called the House Resources Standing                                                                       
Committee meeting to order at 1:08 p.m.  Representatives Foster,                                                                
Dick, Kawasaki, P. Wilson, Seaton,  and Feige were present at the                                                               
call  to  order.   Representatives  Munoz,  Gardner,  and  Herron                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S):  Board of Game                                                                                        
            CONFIRMATION HEARING(S):  Board of Game                                                                         
                                                                                                                              
1:09:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE announced  that the first order  of business would                                                               
be the  confirmation hearings of Teresa  Sager-Albaugh and Robert                                                               
Mumford to the Board of Game.                                                                                                   
                                                                                                                                
1:10:48 PM                                                                                                                    
                                                                                                                                
TERESA   SAGER-ALBAUGH,   Appointee,   Board  of   Game,   Alaska                                                               
Department  of Fish  & Game  (ADF&G), provided  a brief  personal                                                               
history, including  that she grew  up hunting with her  family in                                                               
Fairbanks and  moved to  Tok in  1984 and  has lived  there since                                                               
then.  She currently works  for Summit Consulting Services, which                                                               
is an  engineering and construction management  firm that manages                                                               
water and  sewer projects in rural  Alaska.  She said  that while                                                               
she  does not  have  an  education in  biology,  she  is an  avid                                                               
hunter/fisher and does  run a trapline with her  husband when her                                                               
schedule  allows.   She  emphasized  that  she  has a  very  deep                                                               
appreciation for  wildlife in  Alaska.  She  indicated she  has a                                                               
strong desire to  continue to participate in sound  fish and game                                                               
management through  regulation development on the  Board of Game.                                                               
She concluded that she would be  pleased to serve another term if                                                               
the legislature confirmed her appointment.                                                                                      
                                                                                                                                
1:12:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked for  her viewpoint  on predator  control in                                                               
game management.                                                                                                                
                                                                                                                                
1:12:30 PM                                                                                                                    
                                                                                                                                
MS. SAGER-ALBAUGH  replied that she supports  predator control as                                                               
a management tool.   She emphasized that she  bases her decisions                                                               
on the statutes and regulations  that offer fairly strict control                                                               
and  direction on  the use  of predator  control as  a management                                                               
tool.                                                                                                                           
                                                                                                                                
1:13:12 PM                                                                                                                    
                                                                                                                                
ROD ARNO, President,  Alaska Outdoor Council (AOC),  stated he is                                                               
the executive  director of the  AOC, representing  10,000 outdoor                                                               
Alaskans.  He  said in his experience with the  Board of Game and                                                               
Ms. Sager-Albaugh's  participation that she comes  closest of all                                                               
the board members  to try to comply with  the current regulations                                                               
and  statutes.   The  AOC supports  compliance  and supports  her                                                               
reappointment to the Board of Game.                                                                                             
                                                                                                                                
1:14:01 PM                                                                                                                    
                                                                                                                                
MIKE  CRAWFORD,  President,  Safari Club  International  -  Kenai                                                               
Chapter (SCI), stated he has also  been the chairman of the local                                                               
fish and game advisory committee.   He has attended many Board of                                                               
Fish and Board of Game meetings.   He has found Ms. Sager-Albaugh                                                               
a  competent  member  of  the  Board  of  Game.    Her  knowledge                                                               
certainly helps  her make the  appropriate decisions.   He enjoys                                                               
talking to someone  who hunts, traps and  participates in outdoor                                                               
activities since  the person  will be  making decisions  on those                                                               
types of  activities.  He  concluded by offering  the SCI-Kenai's                                                               
support for her confirmation to the Board of Game.                                                                              
                                                                                                                                
1:14:58 PM                                                                                                                    
                                                                                                                                
AL BARRETTE,  Chairman, Subcommittee on Trapping,  Fairbanks Fish                                                               
& Game  Advisory Committee, stated  he has worked with  the Board                                                               
of Game  for the past 12-15  years.  He has  enjoyed working with                                                               
Ms. Sager-Albaugh during  the past three years.  He  found her to                                                               
be well prepared  for each meeting and that she  had reviewed the                                                               
Fairbanks Fish  & Game  Advisory Committee's  comments.   She was                                                               
also  interactive  with  committee  members,  including  informal                                                               
discussions during breaks, which  allowed for further explanation                                                               
of any proposals.   He offered his belief that she  is one of the                                                               
most knowledgeable members of the  Board of Game, who understands                                                               
subsistence  law  and  intensive management.    Furthermore,  the                                                               
Fairbanks committee appreciated her  votes on predator control in                                                               
the Region 3  area and have benefited from  several programs that                                                               
have resulted in increases in  caribou and moose populations.  He                                                               
concluded with his support for Ms. Sager-Albaugh.                                                                               
                                                                                                                                
1:16:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE closed  public testimony  on the  confirmation of                                                               
Ms.  Sager-Albaugh  and   moved  to  the  hearing   on  the  next                                                               
appointee, Mr. Robert Mumford.                                                                                                  
                                                                                                                                
1:16:38 PM                                                                                                                    
                                                                                                                                
ROBERT   (Bob)  MUMFORD,   Appointee,  Board   of  Game,   Alaska                                                               
Department  of Fish  &  Game (ADF&G),  stated  he was  passionate                                                               
about wildlife issues and has  been involved in wildlife somewhat                                                               
during his time with the Alaska  State Troopers.  He related that                                                               
he spent  18 of his  20 years in  the Fish &  Wildlife Protection                                                               
(FWP) Division.   He is  a hunter  and fisherman, although  not a                                                               
trapper.    He   offered  his  belief  that  he   could  bring  a                                                               
perspective  to the  Board of  Game with  his FWP  experience. He                                                               
also is an avid berry picker  with his family and enjoys being in                                                               
the outdoors  as much as possible.   He served five  years on the                                                               
Big Game  Commercial Services Board as  a public member.   He has                                                               
flown as  a wildlife surveyor  on the North  Slope and for  a Tok                                                               
transporter -  Leif Wilson.   He concluded  that he  is concerned                                                               
about wildlife.                                                                                                                 
                                                                                                                                
1:18:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked for his position on predator control.                                                                 
                                                                                                                                
MR. MUMFORD answered that he is  supportive of it as an effective                                                               
tool  available in  the  tool box  for use  in  certain areas  at                                                               
certain times.   He did not  think it should always  be the first                                                               
tool chosen, but he  can see the benefit of it  at times since it                                                               
has proven to be effective.                                                                                                     
                                                                                                                                
1:19:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked  whether  his  law  enforcement                                                               
experience will help with his service on the Board of Game.                                                                     
                                                                                                                                
MR. MUMFORD said  it will.  He enforced laws  promulgated for the                                                               
Board of Game.  He retired 10  years ago, but what would help him                                                               
on the Board  of Game is that  he has been a  wildlife trooper in                                                               
many areas  of the  state.   He was  stationed as  a FWP  in Sand                                                               
Point,  Kodiak, Fairbanks,  Coldfoot,  the  Kenai Peninsula,  and                                                               
Anchorage.  He  has observed the issues and talked  with a lot of                                                               
people about  issues such as subsistence,  hunting, and trapping.                                                               
He offered  his belief that he  has had good exposure  to a wide-                                                               
ranging of the area of the state.                                                                                               
                                                                                                                                
1:20:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK commented  that  predator  control has  been                                                               
used for bears  and wolves.  He asked him  to describe tools that                                                               
would  be available  to use  if the  bear population  is damaging                                                               
moose and  caribou populations.   He further asked for  his views                                                               
on whether wolf predator control methods would be different.                                                                    
                                                                                                                                
MR. MUMFORD answered they might  be somewhat different, but would                                                               
need  to  be looked  at  individually.    One  tool would  be  to                                                               
lengthen the  seasons [on  bears or wolves],  bag limits,  and to                                                               
advertise abundance  of bears and  wolves to hunters  residing in                                                               
the  Lower  48  to  encourage  hunting,  instead  of  arbitrarily                                                               
killing  a lot  of the  animals.   He  understood the  management                                                               
aspect,  to  remove   them  to  propagate  other   species.    He                                                               
highlighted other tools are also available.                                                                                     
                                                                                                                                
1:22:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  appreciated Mr. Mumford's answer  to the                                                               
last question.  He asked for  his view of F&G Advisory Committees                                                               
and how he would view proposals forwarded by the committees.                                                                    
                                                                                                                                
MR. MUMFORD stated  that as a board member he  would have to give                                                               
it quite a bit of weight  because the person presenting it to the                                                               
Board  of   Game  would  be   representing  an   entire  advisory                                                               
committee, not the individual's opinion.   He said he admires the                                                               
work  done  by  advisory  committees and  he  has  attended  some                                                               
meetings.   He  stated the  advisory  committees must  come to  a                                                               
consensus so  it is helpful to  the board to have  their opinion.                                                               
It  would be  one tool  he would  use for  determining his  vote,                                                               
along  with listening  to other  members of  the public,  and the                                                               
ADF&G.                                                                                                                          
                                                                                                                                
1:24:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked how  much  his  opinion would  be                                                               
based  on public  input  versus the  science  and background  the                                                               
department would provide.                                                                                                       
                                                                                                                                
MR.  MUMFORD  would  weigh  it  all,  but  he  cannot  provide  a                                                               
numerical value on  each.  Some witnesses make  a passionate plea                                                               
rather than  giving a  scientific reasoning,  which he  would not                                                               
give  as much  weight  to;  however, he  believes  in the  public                                                               
opinion  process.   He  pointed  out that  the  public gives  the                                                               
perspective  of what  they have  seen and  observed in  the local                                                               
area.  He said it is very important to him.                                                                                     
                                                                                                                                
1:25:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK commented that in  the past Alaska has tended                                                               
to manage  wildlife with the media  and emotion.  He  offered his                                                               
belief that  there is a  time to listen,  but then step  back and                                                               
make an objective decision.   He offered his belief that managing                                                               
wildlife with  media and emotion has  led to the wrong  path.  He                                                               
encouraged him  to weigh  science and  sustained-yield principles                                                               
when making decisions.                                                                                                          
                                                                                                                                
MR.   MUMFORD   agreed   Alaska  has   constitutional   mandates.                                                               
Furthermore, he  agreed with Representative  Dick that it  is not                                                               
possible  to  manage  by  one's   heart.    The  resources  don't                                                               
recognize cute,  such as  the little  baby animals.   He  did not                                                               
think that  "cute" should be  factored in, but rather  that good,                                                               
sound science has to be the main issue.                                                                                         
                                                                                                                                
1:27:47 PM                                                                                                                    
                                                                                                                                
AL BARRETT,  Fairbanks Fish &  Game Advisory  Committee (FF&GAC),                                                               
offered  support  for Mr.  Mumford's  appointment.   However,  he                                                               
stated  the  FF&GAC  was  only  notified six  hours  ago  of  Mr.                                                               
Mumford's   appointment,   so   the  committee   feels   somewhat                                                               
disenfranchised  in the  public  process since  it  did not  have                                                               
adequate time to perform vetting of the appointee.                                                                              
                                                                                                                                
1:28:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE  closed  public  testimony  on  the  confirmation                                                               
hearing of Mr. Mumford.                                                                                                         
                                                                                                                                
1:28:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to  advance  the confirmations  for                                                               
appointees Teresa  Sager-Albaugh and Robert Mumford,  referred to                                                               
the House Resources Standing Committee  for consideration, to the                                                               
joint session  of the  House and  Senate for  consideration after                                                               
having  reviewed  their  qualifications.    He  noted  that  each                                                               
member's signature on  the committee's report in  no way reflects                                                               
the member's  vote during the  joint floor session.   There being                                                               
no objection, the confirmations were advanced.                                                                                  
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:29 p.m. to 1:32 p.m.                                                                       
                                                                                                                                
                  HJR 40-RS 2477 RIGHTS-OF-WAY                                                                              
                                                                                                                                
1:32:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that the  next order of  business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 40,  Commending the  governor and                                                               
the  administration  for  aggressively  working  to  enforce  the                                                               
rights  of  the state  in  R.S.  2477 rights-of-way;  urging  the                                                               
governor and the  attorney general to develop  a working alliance                                                               
with  other western  states to  protect and  enforce the  states'                                                               
interests in  ensuring access  using rights-of-way  authorized by                                                               
R.S.  2477;  urging the  governor  and  the attorney  general  to                                                               
support the State of Utah and  the southern counties of Utah in a                                                               
lawsuit  against  the  federal government  concerning  R.S.  2477                                                               
rights-of-way,  including filing  an amicus  brief in  support of                                                               
Utah;  urging  the  governor  to   dedicate  state  resources  to                                                               
establish,  protect, and  enforce the  state's interests  in R.S.                                                               
2477 rights-of-way  and to  preserve state  rights-of-way against                                                               
encroachment by  the federal government;  urging the  governor to                                                               
reestablish a  federalism section  in the  Department of  Law and                                                               
sections  in   the  Department  of  Natural   Resources  and  the                                                               
Department of  Fish and Game  to support the preservation  of the                                                               
state's  rights  and powers  in  compact  cases; and  urging  the                                                               
governor  to   prepare  an  appropriation  request   to  fund  an                                                               
aggressive  effort by  the state  to resolve  issues relating  to                                                               
R.S. 2477  rights-of-way, including  possible litigation,  and to                                                               
continue to  work to preserve the  rights of the state  in regard                                                               
to  R.S.  2477 rights-of-way.    [Before  the committee  was  the                                                               
proposed  committee  substitute  (CS),  Version  M,  labeled  27-                                                               
LS1407\M, Bullock,  3/29/12, adopted  as the working  document on                                                               
3/30/12.]                                                                                                                       
                                                                                                                                
1:32:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON moved to adopt  the proposed committee substitute                                                               
(CS) for  HJR 40,  Version 27-LS1407\B,  Bullock, 3/30/12  as the                                                               
working document.                                                                                                               
                                                                                                                                
REPRESENTATIVE KAWASAKI objected for the purpose of discussion.                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON requested  an explanation  on the  changes                                                               
between this version and the prior version.                                                                                     
                                                                                                                                
1:33:18 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature,  stated that  Version  B of  HJR  40 addresses  some                                                               
concerns  that the  Department of  Law (DOL)  had with  the prior                                                               
committee substitute  (CS).   He referred to  Version M,  page 1,                                                               
line 6, which read "the attorney  general to support the State of                                                               
Utah"   Version B changes  it to the  "interests of the  State of                                                               
Utah" and  on page 1, line  7, of Version M,  deletes "lawsuit to                                                               
enforce."  On  page 3, line 20 of Version  M, add "interests of."                                                               
On page  3, lines 20-21  delete "in  a lawsuit to  enforce Utah's                                                               
interest" and  add on  line 22,  "litigation in  the state."   On                                                               
page  4,  adds a  paragraph  to  indicate  the parties  who  will                                                               
receive copies of the resolution.                                                                                               
                                                                                                                                
1:34:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to  page 1,  line  8, and  asked                                                               
whether "in the state" was added.                                                                                               
                                                                                                                                
MR. POUND answered yes.                                                                                                         
                                                                                                                                
1:35:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI referred to  the first "further resolved"                                                               
[page 3, line  19] and said he still has  a concern regarding the                                                               
clause.  He wondered what  "supporting the interests of the State                                                               
of Utah" actually would represent.                                                                                              
                                                                                                                                
MR. POUND  related his  understanding that Utah  is on  point for                                                               
R.S. 2477 in the  West.  Utah has won one case  in the courts and                                                               
is  in the  same situation  -  greatly exaggerated  - since  Utah                                                               
currently  has  18,000 specific  R.S.  2477  cases the  state  is                                                               
asserting.    However,  Utah's  interests  are  very  similar  to                                                               
Alaska's in  terms of asserting  a right for access  through land                                                               
that previously belonged to the  Territory of Alaska that in 1969                                                               
was removed, in part.  Since  then, Alaska has been attempting to                                                               
assert its  right in what was  supposed to be an  orderly fashion                                                               
in  1976,  but  the  "orderly fashion"  has  been  restricted  by                                                               
various  federal agencies  and departments.   Currently,  Utah is                                                               
moving forward in  the court system, which gives  Alaska a chance                                                               
to learn from that state's mistakes and victories.                                                                              
                                                                                                                                
REPRESENTATIVE KAWASAKI  withdrew his objection.   There being no                                                               
further objection, Version B was before the committee.                                                                          
                                                                                                                                
1:37:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KAWASAKI  observed   that  the   first  "further                                                               
resolved"  speaks to  the  fact the  legislature  would urge  the                                                               
governor  and  the  attorney  general's  office  to  support  the                                                               
interests of the State of Utah.   He asked how he would view this                                                               
request.                                                                                                                        
                                                                                                                                
1:38:19 PM                                                                                                                    
                                                                                                                                
KENT  SULLIVAN,  Assistant  Attorney General,  Natural  Resources                                                               
Section,  Department  of  Law,  stated  Utah  is  very  similarly                                                               
aligned with  Alaska on R.S.  2477, but  is ahead of  Alaska with                                                               
respect  to  getting  R.S.  2477 recognized.    Alaska  wants  to                                                               
support Utah, to  the extent that Alaska can join  Utah in moving                                                               
R.S.  2477 forward  and having  federal  officials recognize  the                                                               
rights-of-way, and create policies  to recognize those rights-of-                                                               
way  without  having to  resort  to  litigation to  assert  those                                                               
rights.                                                                                                                         
                                                                                                                                
MR.  SULLIVAN  related  his   understanding,  from  meeting  with                                                               
attorney generals  from Utah  as well  as county  officials, that                                                               
Utah  would like  Alaska to  support their  efforts by  asserting                                                               
litigation,  identifying  rights-of-way,  and attempting  to  get                                                               
federal managers  to recognize that  through a change  in policy,                                                               
without  filing  litigation,  or   by  initiating  litigation  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
1:39:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON referred  to the  language on  page 3,  line 20,                                                               
which  seems confusing  since  it says,  "urging  to support  the                                                               
interests of  the State of  Utah; however, he asked  whether that                                                               
is  limited because  after the  counties of  Utah, it  reads, "in                                                               
R.S. 2477 rights-of-way"  so that is the only  interest Alaska is                                                               
asking for in HJR 40.                                                                                                           
                                                                                                                                
MR.  SULLIVAN confirmed  that this  is correct.   He  said, "It's                                                               
simply R.S. 2477  rights-of-way since Alaska and  Utah are facing                                                               
the exact  same issues.   He clarified  that Alaska  is basically                                                               
promoting   Alaska's   interest   vis-à-vis   supporting   Utah's                                                               
interests with respect to R.S. 2477."                                                                                           
                                                                                                                                
1:41:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened public testimony on HJR 40.                                                                               
                                                                                                                                
1:41:15 PM                                                                                                                    
                                                                                                                                
MALCOLM  ROBERTS,  Consultant,   Malcolm  Roberts  &  Associates,                                                               
stated he is also a senior  fellow at the Institute of the North;                                                               
however  today  he  is  representing  himself.    He  stated  two                                                               
critical   issues  are   addressed   in   this  resolution   with                                                               
significant ramifications  for Alaska's  resources until  the end                                                               
of this century and beyond.   First, the resolution addresses the                                                               
valid  existing rights  of access  across  federal properties  in                                                               
Alaska, which make up two-thirds of  our state.  Second, the need                                                               
to demand  that the federal  government lives up to  the promises                                                               
made to the Alaska people  in 1958 in Alaska's statehood compact.                                                               
He related his  understanding in the reference  to the federalism                                                               
division  of  the  Department  of Law  that  was  discussed  last                                                               
Friday.                                                                                                                         
                                                                                                                                
1:42:19 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS related that U.S.  Senator Ted Stevens once commented                                                               
that Alaska has  more disputes with the  federal government daily                                                               
than most states  have annually and these  disputes are primarily                                                               
over access.   This illustrates  how powerful and  important this                                                               
question is to  the state.  He stated that  having vast resources                                                               
means nothing if Alaska  cannot get to them.  He  said he was not                                                               
referring only  to resources on  federal land, but on  state land                                                               
that is  unreachable, Native  corporate land,  Native allotments,                                                               
and what  is left  of other private  inholdings.   He highlighted                                                               
the good  news is  that Alaska  has legal  rights of  access that                                                               
belong to the state and thereby its citizens.                                                                                   
                                                                                                                                
MR.  ROBERTS  indicated  Alaska's  rights  are  based  on  proven                                                               
historic  trails  and  were authorized  by  federal  law  revised                                                               
statute 2477 (R.S. 2477), as part of  the Mining Act of 1866.  He                                                               
stated  these rights  should  be  asserted by  the  state and  it                                                               
should support Utah  and urge other states to do  the same.  Last                                                               
Friday it  appeared the  DOL suggests  [the bill  sponsor] should                                                               
back  off from  the  second recommendation  with  respect to  the                                                               
defense  of  Alaska's  rights agreed  to  in  Alaska's  statehood                                                               
compact.                                                                                                                        
                                                                                                                                
1:43:26 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS  said he  strongly disagrees with  that change  if it                                                               
was  made  in  Version  B.     He  respectfully  recommends  this                                                               
committee call  for a  reestablishment of a  division in  the DOL                                                               
for this  purpose.  Former Governor  Walter Hickel set up  such a                                                               
division in the  1990s.  This division should be  a permanent arm                                                               
of  the  state's DOL  and  should  be  staffed  by the  best  and                                                               
brightest attorneys  Alaska can attract.   He recalled in  his 42                                                               
year career in  Alaska that he has studied,  debated, and written                                                               
reports  on  both of  the  issue  addressed in  this  resolution:                                                               
access and the compact.                                                                                                         
                                                                                                                                
1:44:13 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS related that he was  recruited in 1995 to head a task                                                               
force  to research  existing R.S.  2477 rights-of-way  throughout                                                               
Alaska  by former  Senator Jack  Coghill, who  was at  that time,                                                               
Chair of  the Senate Transportation  Standing Committee.   Former                                                               
Senator Coghill was determined to  preserve the state's rights of                                                               
access and he achieved a great deal in that regard.                                                                             
                                                                                                                                
MR.  ROBERTS highlighted  that  R.S. 2477  has  been utilized  by                                                               
western states to provide public  use ranging from walking trails                                                               
to remote  fishing streams and lakes,  to access to the  banks of                                                               
state-owned navigable  waters, to highway construction  on public                                                               
lands  now  called  Roads  to  Resources.   He  stated  that  the                                                               
statutory  definition  of  highway  as  a  unique  transportation                                                               
system in Alaska includes roads, trails, streets, and bridges.                                                                  
                                                                                                                                
1:45:09 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS  explained that his  first assignment was  to provide                                                               
the  National   Park  Service  with  the   information  collected                                                               
indicating the  state's valid,  existing rights  of access  so it                                                               
could be  included in the  federal planning documents.   He noted                                                               
these were  plans that  needed to  be done  after the  passage of                                                               
Alaska  National  Interest  Lands Conservation  Act  (ANILCA)  in                                                               
1980.   The task  force's mission was  later expanded  to provide                                                               
similar data for  the refuge plans by the U.S.  Fish and Wildlife                                                               
Service (USF&W),  scenic rivers,  and conservation  areas managed                                                               
by  the Bureau  of  Land  Management (BLM)  and  the U.S.  Forest                                                               
Service.   He  reported that  the  task force's  final report  on                                                               
January 15, 1987  identified over 600 R.S.  2477 rights-of-way on                                                               
federal  lands in  Alaska.   However,  in the  ensuing years  the                                                               
federal  government insisted  that Alaska  must litigate  when it                                                               
wants to  assert an R.S.  2477 right-of-way.  He  emphasized that                                                               
it  is patently  absurd  to require  the state  must  sue to  use                                                               
something  that already  belongs to  the state.   He  said, "It's                                                               
like  saying  that  in  spite  of the  Bill  of  Rights  American                                                               
citizens have to sue the  federal government to get permission to                                                               
speak."   He highlighted that this  is one of the  rights granted                                                               
to the state  in federal law and it has  always been preserved in                                                               
federal law.   The rights  belong to the  state.  The  fears that                                                               
motivated  the federal  establishment in  Alaska were  partly the                                                               
result  of a  gaffe  by  the opponents  of  state  access in  the                                                               
federal government, who  published a report and put a  map on the                                                               
cover  that  included all  of  the  possible or  proposed  roads,                                                               
trails, and  rail lines  throughout Alaska.   It became  known as                                                               
the  spaghetti  map  and  made  the State  of  Alaska  look  like                                                               
downtown Los  Angeles.  The  backlash was strong, even  from many                                                               
Alaskans  who support  access and  resource development  since it                                                               
paralyzed  the process.   As  a result,  Alaska has  retained its                                                               
standing as having  fewer miles of roads than  the smallest state                                                               
in the nation, which is Rhode Island.                                                                                           
                                                                                                                                
1:47:05 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS concluded  that as a result, Alaska  has retained its                                                               
standing as having  fewer miles of roads than  the smallest state                                                               
in  the Union  - Rhode  Island.   When the  task force  wrote its                                                               
final report  in the 1980s,  it recommended that the  state focus                                                               
on only eight  vital transportation corridors to  be asserted and                                                               
set   aside  for   future   use.     He   highlighted  that   the                                                               
recommendation  is  still  valid  and  should  be  pursued.    He                                                               
suggested that if  he were to read the names  of these corridors,                                                               
most  people would  understand the  reasons for  their importance                                                               
since they would connect key  resource areas and communities that                                                               
are currently isolated due to the lack of access.                                                                               
                                                                                                                                
MR.  ROBERTS said  he has  been  very involved  in the  Statehood                                                               
Compact,  beginning   in  the   1980s,  with   a  study   by  the                                                               
organization,   Commonwealth   North,  whose   members   included                                                               
publisher  Bob   Atwood,  Governor  Wally  Hickel,   Judge  James                                                               
Singleton,  Department of  Natural  Resources (DNR)  commissioner                                                               
Irene Ryan,  and environmental planner,  Dave Hicka.   The report                                                               
was published  as a small  book by APU  Press called Going  up in                                                             
Flames:   The Promises  of Alaska's Statehood  Under Attack.   He                                                             
offered his belief that this  book should be required reading for                                                               
all those elected  or appointed to public office  prior to asking                                                               
them to swear to uphold the Alaska Constitution.                                                                                
                                                                                                                                
1:48:30 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS  related he worked  closely with Governor  Hickel and                                                               
his legal team to launch  four major lawsuits against the federal                                                               
government  that  addressed   egregious  violations  of  Alaska's                                                               
Statehood Compact.  Unfortunately, these  cases were filed late n                                                               
Governor Hickel's second term - too  late to follow through - and                                                               
those who followed were lukewarm in their support.                                                                              
                                                                                                                                
MR. ROBERTS stated  in 2002, U.S. Senators Ted  Stevens and Frank                                                               
Murkowski   through  the   U.S.  Department   of  the   Interior,                                                               
commissioned the  Institute of  the North  to prepare  a detailed                                                               
180  page ANILCA  training curriculum  for land  managers, staff,                                                               
inholders,  and   all  interested  Alaskans.     Since  then  the                                                               
institute has used that curriculum  to conduct executive training                                                               
sessions on ANILCA.                                                                                                             
                                                                                                                                
MR. ROBERTS  highlighted that  page 60  of the  curriculum quotes                                                               
Section   1109   of  ANILCA,   "Nothing   in   this  title   [the                                                               
transportation title  of ANILCA] shall be  construed to adversely                                                               
affect any valid,  existing right of access."   Section 1110 (b),                                                               
which read,"  ... assure  adequate and feasible  access ...  " to                                                               
inholdings is  guaranteed.  Yet  these valid, existing  rights of                                                               
access have  been ignore or violated  - nearly daily -  since the                                                               
passage of ANILCA.                                                                                                              
                                                                                                                                
1:50:12 PM                                                                                                                    
                                                                                                                                
MR. ROBERTS  said it is  up to the State  of Alaska to  force the                                                               
federal government  to obey the  law.   This will only  happen if                                                               
the state  creates a team of  top attorneys who are  committed to                                                               
defend Alaska's  rights and a  governor and attorney  general who                                                               
will back them up.  He offered  his support for passage of HJR 40                                                               
and urged  the committee not to  leave it at that  since there is                                                               
much to be done.                                                                                                                
                                                                                                                                
CO-CHAIR FEIGE,  after first  determining no  one else  wished to                                                               
testify, closed public testimony on HJR 40.                                                                                     
                                                                                                                                
1:51:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SEATON  moved   to  report   the  proposed   committee                                                               
substitute  (CS)  for  HJR   40,  Version  27-LS1407\B,  Bullock,                                                               
3/30/12 out of committee with  individual recommendations and the                                                               
accompanying  zero fiscal  note.   There being  no objection  the                                                               
CSHJR  40(RES) was  reported from  the  House Resources  Standing                                                               
Committee.                                                                                                                    
                                                                                                                                
1:51:27 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:51 p.m. to 1:53 p.m.                                                                       
                                                                                                                                
        HB 356-LAND MANAGEMENT:HUNTING/FISHING/TRAPPING                                                                     
                                                                                                                                
1:53:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE announced  that the final order  of business would                                                               
be HOUSE  BILL NO. 356,  "An Act  relating to land  management by                                                               
the  Board  of  Game  and Department  of  Natural  Resources  for                                                               
trapping and sport and subsistence hunting."                                                                                    
                                                                                                                                
REPRESENTATIVE  LANCE PRUITT,  Alaska  State Legislature,  stated                                                               
this bill  would prevent  net loss of  hunting grounds  or lands.                                                               
He  said  he introduced  HB  356  with  the  goal and  intent  of                                                               
creating  a baseline  number of  public hunting  areas to  ensure                                                               
people have the  same hunting areas tomorrow as  they have today.                                                               
He  highlighted that  with  greater access  to  the outdoors  and                                                               
natural resources comes a  greater appreciation for conservation.                                                               
License  and tag  fees are  matched by  federal dollars  and help                                                               
protect the  conservation of wildlife statewide  habitat.  Making                                                               
access more difficult  to the average hunter  actually results in                                                               
less  revenue  for these  conservation  efforts.   He  said  when                                                               
opportunities are  stripped from  the average hunter,  people may                                                               
stop hunting completely and the  state will lose valuable outdoor                                                               
advocates,  conservation revenue,  and an  important part  of the                                                               
state's economy.                                                                                                                
                                                                                                                                
REPRESENTATIVE  PRUITT reported  that  many  states have  already                                                               
enacted similar  legislation; however,  applying this  concept to                                                               
Alaska  is more  difficult than  in most  states.   He emphasized                                                               
that this  is an  extremely important issue  to himself  and many                                                               
Alaskans.                                                                                                                       
                                                                                                                                
1:55:39 PM                                                                                                                    
                                                                                                                                
DIRK  CRAFT, Staff,  Representative  Lance  Pruitt, Alaska  State                                                               
Legislature, stated that Section 1 would  add a new section to AS                                                               
16.05  requiring the  Board of  Game to  prevent to  the greatest                                                               
practicable  extent the  loss of  acreage available  for trapping                                                               
and hunting  when the board  establishes open and  closed seasons                                                               
under AS  16.05.255.  It  would also require the  commissioner to                                                               
report back to the legislature each year.                                                                                       
                                                                                                                                
MR. CRAFT  related that Section 2  would add a new  subsection to                                                               
AS  38.04.065,  which  would  require  the  commissioner  of  the                                                               
Department  of  Natural  Resources  (DNR) to  keep  certain  land                                                               
managed  by DNR  available for  trapping, sport,  and subsistence                                                               
hunting,  unless the  land must  be closed  for certain  reasons.                                                               
This section  also requires  the commissioner  to report  back to                                                               
the legislature each year.                                                                                                      
                                                                                                                                
1:56:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  referred  to  page 1,  Section  1,  which                                                               
requires the Board of Game to  manage no net loss of acreage when                                                               
open  and  closed  seasons  and areas  are  established  and  the                                                               
department has reporting requirements.   He related a scenario in                                                               
which  in  game  management  unit  (GMU)  15  is  closed  due  to                                                               
conservation  reasons  it  appears  that  it  would  need  to  be                                                               
reported  as a  net loss,  even  though the  acreage hasn't  been                                                               
closed.  He asked for  further clarification on acreage, open and                                                               
closed seasons, and how that  relates to different species within                                                               
that same area.                                                                                                                 
                                                                                                                                
1:57:50 PM                                                                                                                    
                                                                                                                                
MR.  CRAFT said  that  is  a concern  of  the  prime sponsor  and                                                               
additional research  is needed.   He highlighted that  the Alaska                                                               
Department  of  Fish  &  Game   (ADF&G)  manages  resources  much                                                               
differently than in most other states.   He deferred to the ADF&G                                                               
for more details on resource management.                                                                                        
                                                                                                                                
1:58:29 PM                                                                                                                    
                                                                                                                                
DOUG   VINCENT-LANG,  Acting   Director,  Division   of  Wildlife                                                               
Conservation  (DWC), Alaska  Department of  Fish &  Game (ADF&G),                                                               
acknowledged he  also has questions,  for example, if an  area is                                                               
open  to  one  species,  but   closed  to  another,  whether  the                                                               
department  would consider  it to  be closed  or open  under this                                                               
bill.   He  said  that  in general  the  department supports  the                                                               
principal of trying  to keep as much land open  to hunting across                                                               
the state.   He questioned if  the department closed an  area for                                                               
conservation purposes  and not for  access purposes,  whether the                                                               
department would  need to open  another area of the  state, which                                                               
could be  difficult due  to limited  options.   Additionally, the                                                               
area might only be temporarily  closed for conservation purposes.                                                               
He  suggested  there needs  to  be  a  bit  more clarity  in  the                                                               
language  in terms  of closures,  including  closures for  single                                                               
species,  access,   or  conservation  purposes.     However,  the                                                               
department  is supportive  of the  concept of  trying to  keep as                                                               
much land open for hunting as possible.                                                                                         
                                                                                                                                
1:59:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked   how  the  department  currently                                                               
manages areas when closures occur.                                                                                              
                                                                                                                                
MR. VINCENT-LANG  answered the department  tries to keep  as much                                                               
land  open   to  hunting  as   possible  within   the  biological                                                               
constraints.  The  department's goal is to  get species recovered                                                               
to  the  extent  they  can provide  hunting  opportunities.    He                                                               
clarified  that in  a  few cases  the Board  of  Game will  adopt                                                               
special  use   areas  that  largely   pertain  to   local  access                                                               
considerations  and in  those instances  they  may close  certain                                                               
areas to certain  types of access.  However, the  goal is to keep                                                               
those areas open to other types  of access; again, to try to have                                                               
as much opportunity  on the land mass to provide  for hunting and                                                               
fishing statewide.   The department's basic premise  is to manage                                                               
within the  biological constraints  and allocation  guidelines by                                                               
the Board of Game.                                                                                                              
                                                                                                                                
2:01:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI related a  scenario in which a management                                                               
unit  was closed  for certain  reasons, whether  it would  be the                                                               
policy of the sponsor or the  ADF&G to have a similar area within                                                               
the same region  open.  For example,  if a unit is  closed in GMU                                                               
20 A, just north of Fairbanks,  whether the goal would be to open                                                               
up another area  near Fairbanks or if an area  in South Anchorage                                                               
would be considered.                                                                                                            
                                                                                                                                
MR.  CRAFT answered  that it  is complicated  in Alaska  and much                                                               
simpler in other  states.  He related that sometimes  the area is                                                               
closed for certain species or  for conservation, noting Alaska is                                                               
a  resource development  state so  land is  sometimes closed  for                                                               
other reasons.   He  said, "It is  not always as  cut and  dry as                                                               
we'd  like it  to be  with  this legislation,  but we  understand                                                               
there's going to be a lot more work  that needs to be done to get                                                               
to where we want to go with this bill."                                                                                         
                                                                                                                                
2:02:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  acknowledged that  ideally the  goal would                                                               
be to  open it up  within the same area,  but that is  not always                                                               
feasible.  He agreed it would  be nice to see something available                                                               
to  those hunters  and some  hunters would  like South  Anchorage                                                               
opened up.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  DICK  said  he  really likes  the  concept.    He                                                               
related  a scenario  in which  there is  a pool  of land  that is                                                               
currently  closed to  hunting -  for example,  if the  department                                                               
closed Section  A - whether  the department could  partially open                                                               
some other portion within the area that would be shut down.                                                                     
                                                                                                                                
2:03:28 PM                                                                                                                    
                                                                                                                                
MR. VINCENT-LANG explained that  the department tries to maintain                                                               
as many areas as possible open  to hunting and fishing within the                                                               
biological constraints.  He was not  aware of any large tracts of                                                               
land currently  closed to  hunting.   He acknowledged  some areas                                                               
may be  closed to hunting  for certain species or  during certain                                                               
seasons for conservation concerns for  a wide variety of reasons.                                                               
He reiterated  that the  department tries  to maintain  a maximum                                                               
amount of  land open for purposes.   He surmised one  could argue                                                               
that a  few areas  are closed, for  example, around  McNeil River                                                               
because  they are  viewing areas,  which  theoretically could  be                                                               
opened up.  However, he emphasized  that would take a whole range                                                               
of actions to open the area beyond what the department could do.                                                                
                                                                                                                                
2:04:36 PM                                                                                                                    
                                                                                                                                
WYN MENAFEE, Chief  of Operations, Division of  Mining, Land, and                                                               
Water  (DML&W),   Department  of  Natural  Resources   (DNR),  in                                                               
response to Representative Dick's  question, explained that ADF&G                                                               
manages the  open and closure  of wildlife hunting,  fishing, and                                                               
trapping in  areas through their regulations,  which is different                                                               
from opening and closing of land  that the division manages.  The                                                               
DML&W may end up restricting use  that would prevent hunting in a                                                               
certain area,  but the division  doesn't actually make  a closure                                                               
to hunting.  He related a scenario  in which in which there is an                                                               
oil and  gas operation  or a mining  operation in  which blasting                                                               
may occur.   The division would give site control  to the company                                                               
via the  lease to be able  to restrict access to  the area, which                                                               
in fact,  restricts hunting.   The department does  not currently                                                               
make  a "no  net loss"  decision  in management  practices.   The                                                               
department  would not  require some  other land  since a  limited                                                               
amount of land  in state ownership so a pool  is not available to                                                               
draw from for replacement.                                                                                                      
                                                                                                                                
MR. MENAFEE said it is  different than managing wildlife in terms                                                               
of  where people  can and  cannot hunt  by regulation  like ADF&G                                                               
does.   The DML&W discusses  whether access is available  to hunt                                                               
or not.                                                                                                                         
                                                                                                                                
2:07:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE asked, for example, if  a mine operator or oil and                                                               
gas company would  be able to control hunting  and fishing access                                                               
via a lease.                                                                                                                    
                                                                                                                                
MR.  MENAFEE  answered  that  is   correct.    When  someone  has                                                               
exclusive  lease  of land,  which  is  a  provision in  many  DNR                                                               
leases,  then  the  operator  can  control  access  inclusive  of                                                               
someone hunting.   Having said  that, the division  currently has                                                               
nearly 100 million  acres and in that acreage  the propensity for                                                               
hunting, trapping, and fishing occurs  since the division doesn't                                                               
place  restrictions on  the activity.   Thus  the activity  would                                                               
generally be  allowed.   He  clarified it is only  in the little,                                                               
small pieces of  land in which special uses  have been authorized                                                               
that restrictions can occur.                                                                                                    
                                                                                                                                
2:08:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  inquired with respect to  ADF&G's constitutional                                                               
mandate,  related his  understanding the  department must  manage                                                               
for  utilization under  the sustained  use principle.   He  asked                                                               
whether  the  department does  not  following  the sustained  use                                                               
principle in any areas of the state.                                                                                            
                                                                                                                                
MR. VINCENT-LANG  answered that it  is relative, since  one could                                                               
argue that hunting opportunity around  McNeil River; however, the                                                               
decision has been made the sustained  use best use is for viewing                                                               
rather than hunting opportunities.   He reiterated that the ADF&G                                                               
manages for the biological resource  and the use of the resources                                                               
within decisions made  by either the legislature or  the Board of                                                               
Game as to  how to best use  those resources.  He  was unaware of                                                               
chunks  of land  that  the ADF&G  has set  aside  where there  is                                                               
opportunity  for  harvestable  surplus or  viewing  opportunities                                                               
that were  closed or set  aside that  could be made  available to                                                               
the public.  It is the department's  goal to make as much of that                                                               
area available as possible to the public to hunt or view.                                                                       
                                                                                                                                
2:10:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON stated,  with respect to areas  such as the                                                               
Dalton  Highway, that  there is  restricted  access for  off-road                                                               
vehicles  within a  certain  distance within  the  corridor.   He                                                               
asked whether the  provision on page 2, line 8,  which read, "(2)                                                               
manage  land under  the authority  of the  Department of  Natural                                                               
Resources  to support,  promote, and  enhance trapping  and sport                                                               
and subsistence  hunting to the  extent authorized by  law" would                                                               
restrict the  state's ability to  have non-motorized  vehicle use                                                               
off the corridor.   More specifically, the state  has been trying                                                               
to extend  roads to resources.   He asked whether  this provision                                                               
would conflict with the restrictions  the state has along the new                                                               
roads.                                                                                                                          
                                                                                                                                
MR. MENAFEE answered  the way it currently  reads under [proposed                                                               
AS 34.04.065]  (j)(2), the fact that  it says the DNR  would need                                                               
to  manage land  to  support, promote,  or  enhance trapping  and                                                               
sport and subsistence  hunting to the extent  authorized by state                                                               
law sets up  a mandatory obligation to  enhance those activities.                                                               
Further, issuing any authorization  that would restrict use would                                                               
not enhance  those uses so it  sets up an inherent  conflict with                                                               
authorizing development that would in  any way restrict that use.                                                               
He offered his belief challenges  exist to wrestle with the other                                                               
aspects of responsibilities in other parts of the law.                                                                          
                                                                                                                                
2:12:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON surmised  that "authorized  by state  law"                                                               
means  the legislature  could legislate  a restriction;  however,                                                               
oil and  gas leases by  regulation seems  as though it  would run                                                               
afoul  of the  language  the  way it  is  currently written  even                                                               
though that may not have been the intent.                                                                                       
                                                                                                                                
MR. MENAFEE agreed, that while it  may not be the intent, it does                                                               
appear to  put specific uses  over other uses.   Additionally, he                                                               
agreed the  language "the  full extent  authorized by  state law"                                                               
does cause a conflict.                                                                                                          
                                                                                                                                
2:13:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT, as  prime  sponsor of  HB 356,  responded                                                               
that discussions  with DNR  have not  yet succeeded  in modifying                                                               
the language;  however, the  goal is  not to  hamper oil  and gas                                                               
development  or mining.    He emphasized  work  continues on  the                                                               
conflicting language.                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON  reiterated that  he did  not think  it was                                                               
the intent  of the bill to  create the conflict, but  rather that                                                               
the bill identifies issues that need further clarification.                                                                     
                                                                                                                                
CO-CHAIR FEIGE opened public testimony on HB 356.                                                                               
                                                                                                                                
2:14:26 PM                                                                                                                    
                                                                                                                                
GEORGE PIERCE stated  he is representing Alaskans.   He said, "No                                                               
on  HB  356."   He  stated  that  a  major  problem exists.    He                                                               
suggested that  the Board  of Game  needs examination,  noting he                                                               
listened to  testimony on the  Board of  Game nominees.   He took                                                               
issue  with the  people the  governor nominates  to serve  on the                                                               
Board  of Game.    He  offered his  belief  that  people are  not                                                               
nominated  to the  Board of  Game  unless they  are for  predator                                                               
control and  the decisions for fish  and game should be  based on                                                               
science and  not politics.   He reiterated  he belief  the boards                                                               
are controlling  the fish and  game resources based  on politics.                                                               
He highlighted that  the Kasilof area has been  fighting with the                                                               
Department  of Natural  Resources (DNR)  for the  past two  and a                                                               
half years about  a special use area at the  mouth of the Kasilof                                                               
River  that  is  under  consideration.     The  majority  of  the                                                               
residents told them they did not  want the special use area.  The                                                               
residents  appealed  the  proposal,  but  the  [board]  is  still                                                               
continuing to  take public testimony  and treats it  like nothing                                                               
happened.   The  resources  belong  to the  people  and the  game                                                               
permits should  not be given away  to people in the  Lower 48, he                                                               
stated.    He  emphasized  his  desire  for  the  legislature  to                                                               
investigate  the  Board  of  Game.   He  further  requested  that                                                               
performance audits  be conducted to  see what the board  is doing                                                               
for Alaskans.                                                                                                                   
                                                                                                                                
2:16:48 PM                                                                                                                    
                                                                                                                                
PRESTON  WILLIAMS stated  that lands  in the  Lower 48  have been                                                               
closed, particularly on  the federal level, but  it still affects                                                               
states.     Sometimes  states  mirror   the  federal   action  to                                                               
acquiesce.    He offered  his  belief  this  bill  is fine.    He                                                               
recalled access to  mines being mentioned, and  noted that mining                                                               
roads  often  enhance  hunting ability  if  hunters  are  allowed                                                               
access during the  season.  He related his  understanding the oil                                                               
companies sometimes  do coordinate  access to hunting  during the                                                               
hunting season.   He offered his belief the issues  can be worked                                                               
through  and he  would rather  have a  bill to  close the  gap on                                                               
politics on  other levels -  not the politics of  the legislature                                                               
or the Board of Game.                                                                                                           
                                                                                                                                
2:18:05 PM                                                                                                                    
                                                                                                                                
MIKE  CRAWFORD,   President,  Safari  Club   International  (SCI-                                                               
Alaska),  Kenai  Peninsula  Chapter,   stated  that  hunting  and                                                               
trapping is  an Alaskan way of  life and is part  of our culture.                                                               
Too many states have reduced  opportunities not for conservation,                                                               
but since non-consumptive users want  an area that hunting is not                                                               
allowed.   He  offered his  belief that  is what  this bill  will                                                               
address.   Further, if it  is open to hunting  it is open  to all                                                               
other activities  generally and for  that reason the  bill should                                                               
not  be opposed  by anyone.    He suggested  that if  an area  is                                                               
closed and a new area is not  available to open up, this needs to                                                               
be  compensated for  by improving  access to  areas that  are too                                                               
difficult to reach.                                                                                                             
                                                                                                                                
2:19:20 PM                                                                                                                    
                                                                                                                                
EDDIE  GRASSER, Lobbyist;  Regional  Representative, Safari  Club                                                               
International  (SCI-Alaska), stated  that he  is also  the former                                                               
National Rifle  Association representative  for Alaska.   He said                                                               
he grew  up in Alaska.   He  offered his belief  significant land                                                               
has been  closed equal to  some states'  area and size,  but this                                                               
bill does not  address whether an area can be  opened to offset a                                                               
closed area.   He stated  the intent of the  bill is not  to have                                                               
any more  areas closed to hunting.   He recalled that  he used to                                                               
hunt  in the  Wrangell Mountains,  the Paint  River, and  certain                                                               
areas of Chugach State Park, but  hunting is no longer allowed in                                                               
those areas.                                                                                                                    
                                                                                                                                
MR. GRASSER  said the list  of closures for hunting  and trapping                                                               
goes on and  on.  He has  been working with the  bill sponsor and                                                               
his goal  is not to  stop legitimate development in  Alaska, such                                                               
as mining,  oil and  gas, and  other legitimate  uses.   The SCI-                                                               
Alaska's   commitment   to   conservation  is   such   that   the                                                               
organization understands some  seasons will need to  be closed at                                                               
times.                                                                                                                          
                                                                                                                                
2:21:03 PM                                                                                                                    
                                                                                                                                
MR. GRASSER recalled  when he was staff to  the [House] Resources                                                               
Committee  years  ago,  that  a   constituent  called  after  the                                                               
director of  the State Parks had  closed the area on  Byers Creek                                                               
for reasons  of public safety.   He understood the  reasoning the                                                               
division  used  to  avoid  human  and  bear  conflicts;  however,                                                               
hunters might  also want to have  access to the bears  that would                                                               
congregate there.  That type of  decision - to close bear hunting                                                               
in an area with lots of bears  - for reasons of public safety did                                                               
not make  any sense to  his organization.  He  encouraged members                                                               
to consider  potential future  closures of  millions of  acres to                                                               
hunting, noting tens of millions  of acres have been closed since                                                               
he was a boy.                                                                                                                   
                                                                                                                                
2:22:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE asked what the reasons are for closure.                                                                          
                                                                                                                                
MR. GRASSER said that primarily  the closed areas are federal and                                                               
related  to  Alaska  National  Interest  Lands  Conservation  Act                                                               
(ANILCA).   Additionally, if a  facility is built on  state lands                                                               
in a  matter of  time a  proposal will come  before the  Board of                                                               
Game to  close the area  for public  safety reasons.   He offered                                                               
his  belief that  hunters  may need  to  oppose some  development                                                               
projects for this reason.                                                                                                       
                                                                                                                                
2:23:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked for clarification on facilities.                                                                          
                                                                                                                                
MR.  GRASSER answered  the type  of facility  he was  speaking to                                                               
include boardwalks and viewing stations.                                                                                        
                                                                                                                                
2:23:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked  whether   he  was  recommending  a                                                               
committee  substitute that  would relate  to preventing  closures                                                               
rather than to trade for no net loss of hunting.                                                                                
                                                                                                                                
MR.  GRASSER acknowledged  there might  be a  way to  do so.   He                                                               
explained   that  this   bill   was   crafted  from   boilerplate                                                               
legislation that has  been passed by other  states, as previously                                                               
mentioned  by the  bill sponsor.   He  suggested that  the bill's                                                               
genesis was the result of  leading sportsmen's groups such as the                                                               
NRA, SCI, and National Shooting  Sports Foundation, and Boone and                                                               
Crockett.   He said the  National Shooting Sports  Foundation and                                                               
the  NRA  actually took  the  lead  in crafting  the  boilerplate                                                               
language that  is the  genesis of  this bill.   It seemed  to the                                                               
SCI-Alaska like  a good way  to stop  closures.  He  recalled the                                                               
debate on  Paint River,  related to a  fish ladder,  which raised                                                               
the issue  of attracting  more bears  to the  Paint River.   Some                                                               
people  wanted the  area closed  to prevent  bears that  normally                                                               
habit the McNeil  River from wandering to and being  taken on the                                                               
Paint River.   He stated  that the  fish ladder was  never built,                                                               
but the Paint River was never reopened to hunting.                                                                              
                                                                                                                                
MR.  GRASSER said  he would  support Paint  River closure  if the                                                               
department  opened the  south  side of  Chugach  State Park  from                                                               
Anchorage  to  Girdwood open  for  sheep  hunting; however,  that                                                               
effort did not  gain traction.  He said, "More  people are locked                                                               
out from hunting because of  closures than there are people being                                                               
locked  out for  viewing or  whatever."   He  concluded the  SCI-                                                               
Alaska's  interest is  to stop  more lands  from being  closed to                                                               
hunting, which the NRA supports, too.                                                                                           
                                                                                                                                
2:25:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  observed, regarding the issue  of public                                                               
safety, that page  2 of the bill provides DNR  with the authority                                                               
to close  an area for public  safety reasons.  He  said he thinks                                                               
that  is  still part  of  this  bill,  which  would allow  for  a                                                               
determination  by  DNR to  close  certain  areas to  hunting  and                                                               
restrict hunting and fishing access.   He said he wanted to place                                                               
this on the record.                                                                                                             
                                                                                                                                
MR. GRASSER agreed.                                                                                                             
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI,  regarding the  federal lands  that have                                                               
been  shut  down or  restricted.    He  said  he has  drafted  an                                                               
amendment that  would address  the ability  of the  department to                                                               
work cooperatively  with the federal  agencies and  federal lands                                                               
to allow for further access.   He asked whether that is something                                                               
that his group would support.                                                                                                   
                                                                                                                                
MR. GRASSER  offered his  belief that they  probably would  do so                                                               
since access is  a huge issue throughout the nation.   He related                                                               
that as a national board member  of the SCI, he has attended lots                                                               
of  meetings during  the last  four years.   He  has worked  with                                                               
Responsive Resource  Management, and  one of the  leading experts                                                               
in  the nation  on hunting  and fishing  issues.   He highlighted                                                               
that access and  getting youth out of doors represent  two of the                                                               
main issues revolving around the  future of hunting heritage, not                                                               
just in Alaska, but nationwide.                                                                                                 
                                                                                                                                
2:28:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE,  after first  determining no  one else  wished to                                                               
testify, closed public testimony on HB 356.                                                                                     
                                                                                                                                
[HB 356 was held over.]                                                                                                         
                                                                                                                                
2:28:46 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:29 p.m.                                                                 

Document Name Date/Time Subjects
CSHJR 40 Version B 3.30.12.pdf HRES 4/2/2012 1:00:00 PM
Robert Mumford.pdf HRES 4/2/2012 1:00:00 PM
HB356 Hearing Request.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356.PDF HRES 4/2/2012 1:00:00 PM
HB 356
Teresa Sager Albaugh.pdf HRES 4/2/2012 1:00:00 PM
HB356-DFG-CO-03-31-12.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356-DNR-MLW-04-02-12.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356 Supporting Map.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356 SCI Letter of Support.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356 Support Comments.pdf HRES 4/2/2012 1:00:00 PM
HB 356
HB356 Sponsor Statement.pdf HRES 4/2/2012 1:00:00 PM
HB 356