Legislature(1997 - 1998)

04/23/1998 02:30 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                    
                   April 23, 1998                                              
                     2:30 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Bill Hudson, Co-Chairman                                        
Representative Scott Ogan, Co-Chairman                                         
Representative Beverly Masek, Vice Chair                                       
Representative Ramona Barnes                                                   
Representative Fred Dyson                                                      
Representative William K. (Bill) Williams                                      
Representative Irene Nicholia                                                  
Representative Reggie Joule                                                    
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Joe Green                                                       
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 40(RES)                                     
Relating to the fisheries management fee proposed by President                 
Clinton.                                                                       
                                                                               
     - MOVED CSSJR 40(RES) OUT OF COMMITTEE                                    
                                                                               
CS FOR SENATE BILL NO. 330(RES)                                                
"An Act relating to locations of underground facilities and                    
excavations in the area of underground facilities."                            
                                                                               
     - MOVED HCS CSSB 330(RES) OUT OF COMMITTEE                                
                                                                               
CS FOR SENATE BILL NO. 262(RES)                                                
"An Act relating to regulation of hunting and trapping, to the                 
definition of 'sustained yield,' and to controlled use areas."                 
                                                                               
     - HEARD AND HELD                                                          
HOUSE BILL NO. 184                                                             
"An Act relating to land used for agricultural purposes and to                 
state land classified for agricultural purposes or subject to the              
restriction of use for agricultural purposes only; and annulling               
certain program regulations of the Department of Natural Resources             
that are inconsistent with the amendments made by this Act."                   
                                                                               
     - SCHEDULED BUT NOT HEARD                                                 
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: SJR 40                                                                   
SHORT TITLE: FISHERIES MANAGEMENT FEE                                          
SPONSOR(S): SENATOR(S) LEMAN, Hoffman, Lincoln, Taylor, Mackie,                
Ward; REPRESENTATIVE(S) Hudson                                                 
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/16/98      2522     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 2/16/98      2522     (S)  RESOURCES                                          
 3/04/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/04/98               (S)  MINUTE(RES)                                        
 3/05/98               (S)  MINUTE(RLS)                                        
 3/05/98      2748     (S)  RES RPT  CS  4DP 2NR      SAME TITLE               
 3/05/98      2748     (S)  DP: HALFORD, TAYLOR, LINCOLN, LEMAN                
 3/05/98      2748     (S)  NR: SHARP, GREEN                                   
 3/05/98      2748     (S)  ZERO FISCAL NOTE TO SJR & CS (S.RES)               
 3/09/98      2791     (S)  RULES TO CALENDAR  3/9/98                          
 3/09/98      2793     (S)  READ THE SECOND TIME                               
 3/09/98      2793     (S)  RES  CS ADOPTED UNAN CONSENT                       
 3/09/98      2793     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 3/09/98      2793     (S)  READ THE THIRD TIME  CSSJR 40(RES)                 
 3/09/98      2793     (S)  COSPONSOR(S): HOFFMAN, LINCOLN,                    
                            TAYLOR                                             
 3/09/98      2793     (S)  MACKIE, WARD                                       
 3/09/98      2794     (S)  PASSED Y19 N- E1                                   
 3/09/98      2795     (S)  TRANSMITTED TO (H)                                 
 3/11/98      2588     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 3/11/98      2588     (H)  FISHERIES, RESOURCES                               
 3/25/98               (H)  FSH AT  5:00 PM CAPITOL 124                        
 3/25/98               (H)  MINUTE(FSH)                                        
 3/26/98      2750     (H)  FSH RPT  3DP                                       
 3/26/98      2750     (H)  DP: OGAN, IVAN, AUSTERMAN                          
 3/26/98      2751     (H)  SENATE ZERO FISCAL NOTE (S.RES)                    
                            3/5/98                                             
 3/30/98      2802     (H)  CROSS SPONSOR(S): HUDSON                           
 4/23/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
BILL: SB 330                                                                   
SHORT TITLE: LOCATING UNDERGROUND FACILITIES                                   
SPONSOR(S): LABOR & COMMERCE                                                   
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/24/98      2631     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 2/24/98      2631     (S)  L&C, RES                                           
 3/12/98               (S)  L&C AT  1:30 PM FAHRENKAMP RM 203                  
 3/12/98               (S)  MINUTE(L&C)                                        
 3/23/98      2945     (S)  L&C RPT  CS  2DP 1NR      SAME TITLE               
 3/23/98      2945     (S)  DP:  LEMAN, HOFFMAN    NR: MACKIE                  
 3/23/98      2945     (S)  ZERO FISCAL NOTE TO SB & CS   (S.L&C)              
 3/30/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 4/07/98      3178     (S)  RES RPT  CS  1DP 3NR       NEW TITLE               
 4/07/98      3178     (S)  DP: LEMAN; NR: HALFORD, SHARP, GREEN               
 4/07/98      3178     (S)  PREVIOUS ZERO FN APPLIES (S.L&C)                   
 4/08/98               (S)  RLS AT 11:20 AM FAHRENKAMP RM 203                  
 4/08/98               (S)  MINUTE(RLS)                                        
 4/08/98      3197     (S)  ZERO FISCAL NOTE TO CS (DCED)                      
 4/14/98      3242     (S)  RULES TO CALENDAR  4/14/98                         
 4/14/98      3243     (S)  READ THE SECOND TIME                               
 4/14/98      3244     (S)  RES  CS ADOPTED UNAN CONSENT                       
 4/14/98      3244     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/14/98      3244     (S)  READ THE THIRD TIME  CSSB 330(RES)                 
 4/14/98      3244     (S)  PASSED Y16 N- E4                                   
 4/14/98      3248     (S)  TRANSMITTED TO (H)                                 
 4/15/98      2979     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/15/98      2979     (H)  RESOURCES, LABOR & COMMERCE                        
 4/23/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
BILL: SB 262                                                                   
SHORT TITLE: MANAGEMENT OF HUNTING                                             
SPONSOR(S): SENATOR(S) TAYLOR                                                  
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/27/98      2318     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 1/27/98      2318     (S)  RESOURCES                                          
 2/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 2/23/98               (S)  MINUTE(RES)                                        
 3/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/23/98               (S)  MINUTE(RES)                                        
 3/24/98               (S)  RLS AT 11:45 AM FAHRENKAMP RM 203                  
 3/24/98               (S)  MINUTE(RLS)                                        
 3/24/98      2969     (S)  RES RPT  CS  5DP 1DNP       NEW TITLE              
 3/24/98      2970     (S)  DP: HALFORD, TAYLOR, SHARP, GREEN,                 
 3/24/98      2970     (S)  TORGERSON; DNP: LINCOLN                            
 3/24/98      2970     (S)  ZERO FISCAL NOTE TO SB & CS (F&G)                  
 4/01/98      3092     (S)  RULES TO CALENDAR  4/1/98                          
 4/01/98      3092     (S)  READ THE SECOND TIME                               
 4/01/98      3093     (S)  RES  CS ADOPTED UNAN CONSENT                       
 4/01/98      3093     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/01/98      3093     (S)  READ THE THIRD TIME  CSSB 262(RES)                 
 4/01/98      3093     (S)  PASSED Y14 N6                                      
 4/01/98      3093     (S)  ELLIS  NOTICE OF RECONSIDERATION                   
 4/02/98      3117     (S)  RECONSIDERATION NOT TAKEN UP                       
 4/02/98      3117     (S)  TRANSMITTED TO (H)                                 
 4/03/98      2865     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/03/98      2865     (H)  RESOURCES, FINANCE                                 
 4/14/98               (H)  RES AT  5:00 PM CAPITOL 124                        
 4/14/98               (H)  MINUTE(RES)                                        
 4/23/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
ROBERT PEARSON, Intern                                                         
   for Senator Loren Leman                                                     
Alaska State Legislature                                                       
Capitol Building, Room 113                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2095                                                     
POSITION STATEMENT: Presented sponsor statement for SJR 40 and SB
                    330.                                                       
                                                                               
JAMES ROWE, Director                                                           
Alaska Telephone Association                                                   
201 East 56th Avenue, Suite 114                                                
Anchorage, Alaska 99518                                                        
Telephone:  (907) 563-4000                                                     
POSITION STATEMENT:  Provided testimony on SB 330.                             
                                                                               
SENATOR LOREN LEMAN                                                            
Alaska State Legislature                                                       
Capitol Building, Room 113                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2095                                                     
POSITION STATEMENT:  Sponsor of SB 330.                                        
                                                                               
BRUCE BAKER                                                                    
P.O. Box 211384                                                                
Auke Bay, Alaska 99821                                                         
Telephone:  (Not provided)                                                     
POSITION STATEMENT:  Provided testimony on SB 262.                             
                                                                               
DICK BISHOP, Vice President                                                    
Alaska Outdoor Council                                                         
P.O. Box 73902                                                                 
Fairbanks, Alaska  99707                                                       
Telephone:  (907) 455-4262                                                     
POSITION STATEMENT:  Provided testimony on SB 262.                             
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-50, SIDE A                                                             
Number 001                                                                     
                                                                               
CO-CHAIRMAN BILL HUDSON called the House Resources Standing                    
Committee meeting to order at 2:30 p.m.  Members present at the                
call to order were Representatives Hudson, Dyson, Williams, Barnes,            
Masek and Ogan.  Representative Nicholia arrived at 2:46 p.m.                  
Representative Joule arrived some time after the meeting was called            
to order.                                                                      
CSSJR 40(RES) - FISHERIES MANAGEMENT FEE                                       
                                                                               
CO-CHAIRMAN HUDSON announced the first order of business was CS for            
SJR 40(RES), Relating to the fisheries management fee proposed by              
President Clinton.                                                             
                                                                               
CO-CHAIRMAN HUDSON called on Robert Pearson, intern for Senator                
Loren Leman, sponsor of the resolution.                                        
                                                                               
Number 022                                                                     
                                                                               
ROBERT PEARSON, Intern for Senator Loren Leman, Alaska State                   
Legislature, read the following sponsor statement:                             
                                                                               
"Senate Joint Resolution 40 expresses the legislature's opposition             
to a proposed fisheries management fee included in President                   
Clinton's Fiscal Year 1999 budget.  The fee is designed to fund the            
management and enforcement activities of the National Marine                   
Fisheries Service, under the National Oceanic and Atmospheric                  
Administration (NOAA).                                                         
                                                                               
"The fee would be derived from a tax of up to 1 percent on the ex-             
vessel value of all fish harvested by commercial fishermen.                    
Because Alaska has the most profitable fisheries in the country,               
state fishermen would pay the largest share of the $20 million in              
annual revenues the tax is expected to generate nationwide.                    
                                                                               
"Alaska's fishermen would receive no new benefits or services from             
the new tax.  The new revenues would simply free up the $20 million            
already budgeted for management and enforcement services and enable            
these monies to be spent on new spending projects in President                 
Clinton's budget.                                                              
                                                                               
"Commercial fishermen and seafood processors do not need another               
tax, especially one that produces no new quantified benefits.  In              
addition to paying all the normal payroll and business taxes,                  
commercial fishermen and seafood processors are burdened with                  
several other taxes and user fees, including a raw fish tax, marine            
fuel tax, licensing fees, fishery landing tax, salmon enhancement              
tax, seafood marketing tax, and seafood marketing assessment.                  
                                                                               
"The new tax may also pose a disproportionate burden for fishermen             
who operate only in state-managed waters extending three miles from            
shore, and who therefore derive little benefit from NOAA's                     
management services in offshore fisheries.  President Clinton's                
budget does not specify whether the tax would apply to only those              
fish caught in federally-managed water, or whether it would extend             
to all fish, regardless of management zone.  This critical decision            
is left to the discretion of the Secretary of Commerce.  However,              
lower-level employees at the National Marine Fisheries Service have            
expressed the view that all fishermen benefit from the federal                 
government's management of the resource, regardless of the zone in             
which the fish are harvested.  Following this logic, it appears                
likely the fee would be made to apply to all fish caught in waters             
around Alaska.                                                                 
                                                                               
"The fish tax would undermine the economic competitiveness of                  
Alaska's seafood industry, which is the largest source of private              
sector jobs in the state.  SJR 40 urges the Governor and Alaska's              
congressional delegation to work to ensure the tax is not included             
in the Fiscal Year 1999 federal budget."                                       
                                                                               
Number 092                                                                     
                                                                               
REPRESENTATIVE FRED DYSON declared a conflict of interest.  He                 
tries to make a living fishing, and tries to make all of it very               
close to shore in less than six to seven feet of water.  Senator               
Leman is right on the mark.                                                    
                                                                               
REPRESENTATIVE RAMONA BARNES objected.                                         
                                                                               
CO-CHAIRMAN HUDSON announced the arrival of Representative Reggie              
Joule.                                                                         
                                                                               
Number 100                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated that he strongly supports the resolution.            
It is a disproportionate tax from the federal government with                  
little or no benefit back to Alaskans.  "Just because we may be way            
up in the north, but we're not dumb," he declared.                             
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
move CS for SJR 40(RES) out of the committee with individual                   
recommendations and the attached zero fiscal note.  There being no             
objection, CSSJR 40(RES) moved out of the House Resources Standing             
Committee.                                                                     
CSSB 330(RES) - LOCATING UNDERGROUND FACILITIES                                
                                                                               
CO-CHAIRMAN SCOTT OGAN announced the next order of business was CS             
for SB 330(RES), "An Act relating to locations of underground                  
facilities and excavations in the area of underground facilities."             
                                                                               
CO-CHAIRMAN OGAN called on Robert Pearson, Intern for Senator Loren            
Leman, sponsor of the bill.                                                    
                                                                               
Number 132                                                                     
                                                                               
ROBERT PEARSON, Intern for Senator Loren Leman, Alaska State                   
Legislature, read the following sponsor statement:                             
                                                                               
"Senate Bill 330 was introduced at the request of the Alaska                   
Telephone Association to provide an understanding of the standards             
and responsibilities for locating and excavating underground                   
facilities throughout the state for utilities and contractors.                 
                                                                               
"Senate Bill 330 amends AS 42.30 to set out responsibilities for               
excavators, construction project owners, and underground facility              
owners when a locate is requested.  It provides for a penalty if an            
excavator intentionally damages a located underground facility.                
                                                                               
"Although the Alaska Public Utilities Commission has the authority             
to create locate standards, it has been a low-priority item due to             
the commission's workload.  Currently, there are some national                 
standards related to the issue of locating and uncovering                      
underground utilities, but nothing as comprehensive as SB 330."                
                                                                               
Number 166                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Pearson why the legislature should pass             
a more comprehensive locate law and burden contractors with more               
regulations, laws, and higher liabilities.                                     
                                                                               
Number 172                                                                     
                                                                               
MR. PEARSON replied he is not qualified to comment on some of those            
issues.  But, at one time he used to dig holes in Nevada where                 
there was a locate system easy to use and accidents didn't happen.             
A statewide system, in general, is a good idea.                                
                                                                               
CO-CHAIRMAN OGAN announced that Representative Reggie Joule joined             
the meeting awhile back.                                                       
                                                                               
Number 193                                                                     
                                                                               
JAMES ROWE, Director, Alaska Telephone Association (ATA), testified            
in Juneau.  Currently, Alaska does not have any state utility                  
locate standards when business efficiency, uninterrupted service,              
and public safety would all benefit by it.  In the later part of               
1996, the Alaska Telephone Association started working on standards            
for the state.  The association sent drafts to the National Utility            
Locating Contractors Association, Locate Call Center of Alaska,                
Municipal Light & Power (ML&P), Anchorage Area Utility Association,            
ENSTAR, Alaska Building Contractors, Associated General Contractors            
of Alaska, and Anchorage Home Builders Association for comments.               
The bill before the committee members is not a telephone bill.  It             
is a fair bill in the best interest of the public for timely                   
locates, knowing who is responsible for the locates, and knowing               
who is responsible for maintaining the locates.  In addition, the              
issue of statewide difference has been addressed in working with               
Senator Leman.  He appreciates Senator Leman and his work on the               
bill.  It is a long way from ATA's original version.  It benefits              
the industry - contractors and excavators alike.                               
                                                                               
MR. ROWE further stated he sees a benefit to the small contractor              
because he would have to be addressed in as timely a manner as the             
largest contractor.  In the remote areas, more time has been given             
to get out and do locates.  A business man with a utility or                   
private contractor could plan ahead with efficiency.  More and more            
entities will be putting underground facilities out there so it is             
ever more important for standards.                                             
                                                                               
CO-CHAIRMAN OGAN stated for the record he used to locate telephone             
cables in Florida.  He is aware of the damages it can cause.  He               
asked Mr. Rowe what were the comments from the Anchorage Home                  
Builders Association.                                                          
                                                                               
MR. ROWE replied he doesn't remember.  He explained, at one time,              
there were treble damages in the bill for intentional damage to                
underground facilities.                                                        
                                                                               
CO-CHAIRMAN OGAN stated he is concerned being a small businessman              
and contractor himself about the burden of regulations.  It is a               
discouragement.  In fact, he got into politics because he was tired            
of all the government regulations and laws that detracted him from             
producing something.  He is just looking out for the little                    
contractor.  A contractor is legally responsible if he damages a               
line - a good enough motivation to locate.  The contractors that               
don't are probably not bonded anyway.  In addition, his friends in             
rural Alaska aren't going to read the statute books before digging             
something.  It works great for Anchorage and some of the other                 
bigger cities and areas.                                                       
                                                                               
MR. ROWE appreciated the comments made by Co-Chairman Ogan.  He                
worked for an electric company for awhile and recalls it would have            
been nice for good locates.                                                    
                                                                               
Number 341                                                                     
                                                                               
REPRESENTATIVE REGGIE JOULE asked whether there are a lot of                   
underground utility services.  He is mostly familiar with the                  
services that are above the ground.                                            
                                                                               
MR. ROWE replied there are getting to be more and more.  He                    
explained one of the greatest concerns came from Dillingham -                  
Nushagak Power and Telephone.  They have had some real problems                
identifying underground cables resulting in court proceedings.                 
                                                                               
REPRESENTATIVE JOULE asked Mr. Rowe whether there has been input               
from rural utilities with regards to the issue, except for                     
Nushagak.                                                                      
                                                                               
MR. ROWE explained the Alaska Telephone Association represents all             
of the local telephone companies in the state with the exception of            
Circle.  GTE has also been very involved with this issue and it                
serves a number of rural areas throughout the state.  In fact, the             
rural communities dominate the association.                                    
                                                                               
Number 384                                                                     
                                                                               
REPRESENTATIVE BEVERLY MASEK stated it is a good bill.  Damages are            
trying to be reduced underground as well as above the ground.                  
                                                                               
Number 396                                                                     
                                                                               
REPRESENTATIVE MASEK made a motion to adopt Amendment 1.  It reads             
as follows:                                                                    
                                                                               
     TO:  CSSB 330(RES)                                                        
                                                                               
          Page 4, line 6:                                                      
                                                                               
               Delete "; liability"                                            
                                                                               
          Page 4, lines 16 - 23:                                               
                                                                               
               Delete all material.                                            
                                                                               
          Reletter the following subsection accordingly.                       
                                                                               
          Page 4, line 31:                                                     
                                                                               
               Delete "civil actions"                                          
                                                                               
               Insert "injunctive relief"                                      
                                                                               
          Page 5, lines 8 - 14:                                                
                                                                               
               Delete all material.                                            
                                                                               
          Page 6, line 18:                                                     
                                                                               
               Delete all material.                                            
                                                                               
          Renumber the following paragraphs accordingly.                       
                                                                               
Number 397                                                                     
                                                                               
REPRESENTATIVE BARNES objected for discussion about the amendment.             
                                                                               
UNIDENTIFIED SPEAKER stated deleting the word "liability" does not             
hold any detriment to the bill.                                                
                                                                               
CO-CHAIRMAN HUDSON explained it takes out the liability portion of             
the bill.                                                                      
                                                                               
REPRESENTATIVE NICHOLIA noted there still is a penalty section.                
                                                                               
Number 432                                                                     
                                                                               
SENATOR LOREN LEMAN, Alaska State Legislature, explained there was             
at one time treble damages when an excavator intentionally damaged             
or knew of an underground facility and damaged it.  The Senate                 
Resources Committee expressed concern about the provision for the              
small excavators and it was taken out leaving just liability                   
damages.  It creates some problems because one is liable for his               
actions anyway.  It is almost superfluous.  He talked with the bill            
drafter, Terry Cramer, and asked her to remove his concerns from               
the bill.  Therefore, the amendment removes the (indisc. ) parts               
and cleans up the bill.                                                        
                                                                               
Number 455                                                                     
                                                                               
REPRESENTATIVE BARNES withdrew her objection.  There being no                  
further objection, Amendment 1 was so adopted.                                 
                                                                               
Number 459                                                                     
                                                                               
REPRESENTATIVE MASEK made a motion and asked unanimous consent to              
move CSSB 330(RES), as amended, out of the committee with                      
individual recommendations and the attached zero fiscal note(s).               
There being no objection, HCS CSSB 330(RES) moved from the House               
Resources Standing Committee.                                                  
CSSB 262(RES) - MANAGEMENT OF HUNTING                                          
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was CS for SB
262(RES), "An Act relating to regulation of hunting and trapping,              
to the definition of 'sustained yield,' and to controlled use                  
areas."                                                                        
                                                                               
Number 474                                                                     
                                                                               
CO-CHAIRMAN OGAN explained there was discussion at the last meeting            
about means of access that couldn't be restricted until there was              
already damage.  The changes are noted on page 2, lines 23 - 24.               
It now reads as follows:                                                       
                                                                               
     "Sec. 16.05.799.  Regulation of hunting.  (a)  The Board                  
     of Game and the department may not restrict the use of a                  
     means of access for hunting game if that means of access                  
     is a traditional means of access for hunting game for                     
     consumptive use."                                                         
                                                                               
CO-CHAIRMAN OGAN further explained the word "has resulted" has been            
changed to "could result" on page 2, line 28.  The word "would                 
likely" has been changed to "would be unlikely" on page 2, line 30.            
The changes make the language more proactive instead of waiting for            
the game to be in bad shape.                                                   
                                                                               
CO-CHAIRMAN OGAN further explained the language has been changed on            
page 3, lines 1 - 2, to read as follows:                                       
                                                                               
     "(2) has implemented active management measures that are                  
     necessary to aid in the recovery of depressed game                        
     populations in the area."                                                 
                                                                               
CO-CHAIRMAN OGAN further explained the Department of Fish and Game             
testified about the language being too restrictive that it couldn't            
restrict a method or means to take game.  The language has been                
clarified on page 2, lines 3 - 5, to read as follows:                          
                                                                               
     "(b) The Board of Game or the department may not restrict                 
     the use of a traditional means of access for hunting game                 
     for the purpose of preferring or affecting the quality of                 
     the outdoor experience of a person or group."                             
                                                                               
Number 512                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
adopt the proposed committee substitute for SB 262, version 0-                 
LS1379\H, Utermohle, 4/23/98, for consideration.  There being no               
objection, it was so adopted.                                                  
                                                                               
Number 525                                                                     
                                                                               
BRUCE BAKER testified in Juneau.  There are six reasons why the                
bill is not in the public's interest.  It flies in the face of a               
hundred years of progress and development of a conservation ethic              
in this country by eliminating reference to the very word                      
"conservation" from two places in the current law.  The insertion              
of the word "biological management" in Section 1 raises questions              
of its definition and the appropriate division of authority between            
the Department of Fish and Game and the Board of Game.  The wording            
"has implemented" doesn't fit with the recent changes of "could                
result" and "would be unlikely."  The bill ignores the importance              
of the quality of an outdoor experience disenfranchising Alaskans              
and visitors who spend hundreds of millions of dollars to have a               
quality outdoor experience.  Section 3 makes this another "freeze-             
the-moose" bill by suggesting that consumptive meat deserves to be             
managed on a sustained yield basis when there are hundreds of                  
millions of dollars being spent on Alaska to experience the                    
mystique of the wilderness including the existence of wolves and               
bears.  He suggested modifying the bill to reflect the state                   
constitution that calls for a sustained yield for all resources.               
                                                                               
Number 571                                                                     
                                                                               
DICK BISHOP, Vice President, Alaska Outdoor Council (AOC),                     
testified in Juneau.  The AOC appreciates the intent of the bill by            
providing specific protections for harvest opportunities in                    
traditional accesses.  The changes are appropriate.  Biological                
management is difficult to understand how it would be interpreted.             
The regulation of hunting on page 2, lines 22 - 24 is overly                   
restrictive by saying "the department may not restrict."  He                   
suggested including the language "the department may not prohibit."            
The changes to the definition of sustained yield are appropriate.              
It may help clarify the importance of higher levels of prey.  The              
discussion at the constitutional convention indicated that the                 
language "subject to preference among beneficial uses" derives from            
a discussion on managing the enhancement of prey populations in                
recognizing their importance.                                                  
Number 597                                                                     
                                                                               
CO-CHAIRMAN OGAN recessed the House Resources Standing Committee to            
the call of the chair at 3:09 p.m.                                             

Document Name Date/Time Subjects