Legislature(2007 - 2008)BARNES 124

02/20/2008 01:00 PM RESOURCES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 330 NOXIOUS WEEDS AND INVASIVE PLANTS TELECONFERENCED
Moved CSHB 330(RES) Out of Committee
-- Testimony <Invitation Only> --
+= HJR 31 OPPOSE FED LAW RE AERIAL HUNTING TELECONFERENCED
Moved CSHJR 31(RES) Out of Committee
-- Testimony <Invitation Only> --
+= HB 348 BOARD OF GAME REGULATIONS TELECONFERENCED
Moved CSHB 348(RES) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 20, 2008                                                                                        
                           1:04 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Co-Chair                                                                                             
Representative Craig Johnson, Co-Chair                                                                                          
Representative Anna Fairclough                                                                                                  
Representative Bob Roses                                                                                                        
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 348                                                                                       
"An Act relating to the adoption of regulations by the Board of                                                                 
Game."                                                                                                                          
                                                                                                                                
     - MOVED CSSSHB 348(RES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 31                                                                                                   
Opposing the enactment of the Protect America's Wildlife Act of                                                                 
2007 that intends to prohibit aerial hunting of wildlife, which                                                                 
is essential for predator control in Alaska.                                                                                    
                                                                                                                                
     - MOVED CSHJR 31(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 330                                                                                                              
"An  Act relating  to management  of noxious  weeds and  invasive                                                               
plants; establishing  the Noxious Weed and  Invasive Plant Board;                                                               
and establishing  the noxious weed and  invasive plant management                                                               
fund."                                                                                                                          
                                                                                                                                
     - MOVED CSHB 330(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 348                                                                                                                  
SHORT TITLE: BOARD OF GAME REGULATIONS                                                                                          
SPONSOR(S): REPRESENTATIVE(S) KELLER                                                                                            
                                                                                                                                
01/31/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/31/08       (H)       FSH, RES                                                                                               
02/06/08       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       RES, FIN                                                                                               
02/13/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/13/08       (H)       Heard & Held                                                                                           
02/13/08       (H)       MINUTE(RES)                                                                                            
02/20/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HJR 31                                                                                                                  
SHORT TITLE: OPPOSE FED LAW RE AERIAL HUNTING                                                                                   
SPONSOR(S): REPRESENTATIVE(S) KELLER                                                                                            
                                                                                                                                
01/30/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/08       (H)       RES                                                                                                    
02/13/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/13/08       (H)       Heard & Held                                                                                           
02/13/08       (H)       MINUTE(RES)                                                                                            
02/20/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 330                                                                                                                  
SHORT TITLE: NOXIOUS WEEDS AND INVASIVE PLANTS                                                                                  
SPONSOR(S): RESOURCES                                                                                                           
                                                                                                                                
01/17/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/17/08       (H)       RES, FIN                                                                                               
02/11/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/11/08       (H)       Heard & Held                                                                                           
02/11/08       (H)       MINUTE(RES)                                                                                            
02/20/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As sponsor of SSHB 348, answered questions                                                               
and supported the proposed committee substitute.                                                                                
                                                                                                                                
JIM POUND, Staff                                                                                                                
to Representative Wes Keller                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered  questions regarding  the proposed                                                             
committee substitute for SSHB 348.                                                                                              
                                                                                                                                
TIM BARRY, Legislative Liaison                                                                                                  
Public Communications Director                                                                                                  
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered  questions regarding  the proposed                                                             
committee substitute for SSHB 348.                                                                                              
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   As  sponsor of  HJR 31,  answered questions                                                             
and supported the proposed committee substitute.                                                                                
                                                                                                                                
JEANNE OSTNES, Staff                                                                                                            
to Representative Craig Johnson                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   On behalf  of the House  Resources Standing                                                             
Committee, sponsor of HB 330,  presented information and answered                                                               
questions regarding the proposed committee substitute.                                                                          
                                                                                                                                
BRYCE WRIGLEY, President                                                                                                        
Alaska Farm Bureau                                                                                                              
Delta Junction, Alaska                                                                                                          
POSITION STATEMENT:   Stated he is comfortable  with the proposed                                                             
committee substitute for HB 330.                                                                                                
                                                                                                                                
PETER FELLMAN, Staff                                                                                                            
to Representative John Harris                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered  questions regarding  the proposed                                                             
committee substitute for HB 330.                                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CARL   GATTO  called   the  House   Resources  Standing                                                             
Committee  meeting  to  order at  1:04:13  PM.    Representatives                                                             
Fairclough,  Seaton, Roses,  Gatto, and  Johnson were  present at                                                               
the call  to order.  Representatives  Wilson, Guttenberg, Edgmon,                                                               
and Kawasaki arrived as the meeting was in progress.                                                                            
                                                                                                                                
HB 348-BOARD OF GAME REGULATIONS                                                                                              
                                                                                                                              
1:04:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the first order  of business would                                                               
be SPONSOR  SUBSTITUTE FOR HOUSE  BILL NO. 348, "An  Act relating                                                               
to the adoption of regulations by the Board of Game."                                                                           
                                                                                                                                
CO-CHAIR JOHNSON  moved that the  committee adopt as  the working                                                               
document  the proposed  committee substitute  (CS) for  SSHB 348,                                                               
labeled 25-LS1328\Resources.                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  objected.   He said reintroduction  of the                                                               
Board   of  Fisheries   into  the   bill   would  cause   extreme                                                               
complications because  it would include commercial  fisheries and                                                               
the potential  allocation of assets  between those  fisheries, as                                                               
well as  between personal use, sport,  and subsistence fisheries.                                                               
He  said  he will  maintain  his  objection  unless the  bill  is                                                               
referred to the  House Special Committee on  Fisheries where this                                                               
can be addressed in detail.                                                                                                     
                                                                                                                                
1:07:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON opposed the objection  because four of the seven                                                               
members of the  House Special Committee on Fisheries  also sit on                                                               
the House Resources Standing Committee.                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON  said the  difference  is  that the  House                                                               
Special  Committee   on  Fisheries   concentrates  only   on  the                                                               
fisheries aspects  and reintroduction  of the Board  of Fisheries                                                               
into  the bill  will take  study  and investigation.   The  House                                                               
Resources  Standing Committee  has looked  solely at  game during                                                               
its previous hearings on this bill.                                                                                             
                                                                                                                                
REPRESENTATIVE  WILSON agreed  with Representative  Seaton.   She                                                               
asked why an  amendment could not be made to  strike the Board of                                                               
Fisheries from the bill.                                                                                                        
                                                                                                                                
1:09:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WES  KELLER, Alaska State Legislature,  sponsor of                                                               
HB  348, related  his constituents'  overwhelming support  for HB                                                               
348 at a weekend meeting in  his district.  The Department of Law                                                               
and the Alaska Department of Fish  & Game assisted in writing the                                                               
amendments  at his  request and  gave some  level of  support, he                                                               
said.                                                                                                                           
                                                                                                                                
JIM  POUND,  Staff to  Representative  Wes  Keller, Alaska  State                                                               
Legislature,  noted   that  the   new  language,   including  the                                                               
reference to  the Board of  Fisheries, came from Mr.  Kevin Saxby                                                               
of the  Department of Law  and is based  on language used  in two                                                               
Alaska  Supreme  Court  decisions:    the  1981  Kenai  Peninsula                                                             
Fishermen's Cooperative  Association, Inc. v. State  and the 1996                                                             
Pullen  v. Ulmer.   This  new language  keeps the  bill's initial                                                             
intent  of declaring  both game  and fish  an asset  in order  to                                                               
eliminate  management  by initiative,  he  said.   However,  fish                                                               
could be eliminated.                                                                                                            
                                                                                                                                
CO-CHAIR JOHNSON  understood the difference between  the proposed                                                               
CS and  the sponsor substitute  to be  the addition of  "Board of                                                               
Fisheries" in  the title with  no other substance  being changed.                                                               
The proposed  CS would thus  be compliant with the  supreme court                                                               
ruling.                                                                                                                         
                                                                                                                                
MR.  POUND  replied correct.    However,  he  noted, there  is  a                                                               
proposal in the committee's packets  to change the title from the                                                               
proposed CS.  In further  response to Co-Chair Johnson, Mr. Pound                                                               
confirmed the  Alaska Supreme Court  has already ruled  that fish                                                               
are an  asset.  The bill  would codify Alaska Supreme  Court case                                                               
law so it applies to game in the same context as fish.                                                                          
                                                                                                                                
1:14:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO proffered that adding  the Board of Fisheries is a                                                               
major change.                                                                                                                   
                                                                                                                                
MR. POUND responded  this is what the [Alaska  Department of Fish                                                               
& Game] and its attorney wanted to do.                                                                                          
                                                                                                                                
REPRESENTATIVE WILSON  asked what  was deleted from  the original                                                               
bill and why.                                                                                                                   
                                                                                                                                
MR. POUND said SSHB 348 would  provide that game be considered an                                                               
asset  in  regard to  Board  of  Game allocation  and  management                                                               
decisions.   Under a loose  interpretation of the law  that could                                                               
be considered appropriation.  The  bill's purpose is to eliminate                                                               
biology  management  by initiative,  and  the  proposed CS  would                                                               
accomplish this with fewer words.                                                                                               
                                                                                                                                
1:16:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON inquired whether  the Board of Fisheries or                                                               
the Alaska Department  of Fish & Game would be  commenting on the                                                               
proposed CS.                                                                                                                    
                                                                                                                                
MR.  POUND  replied  that  Mr.  Barry is  here  from  the  Alaska                                                               
Department of Fish & Game.                                                                                                      
                                                                                                                                
REPRESENTATIVE  WILSON said  she  would like  assurance that  the                                                               
commercial fishing industry will not  be affected by the proposed                                                               
CS because commercial fishing is a big part of her district.                                                                    
                                                                                                                                
MR. POUND  said he had  advised the primary people  involved with                                                               
commercial fish.   However, he noted, neither he  nor anyone else                                                               
has had  much time to look  at this because he  only received the                                                               
proposed language at 5:30 p.m. yesterday.                                                                                       
                                                                                                                                
1:17:47 PM                                                                                                                    
                                                                                                                                
TIM BARRY,  Legislative Liaison, Public  Communications Director,                                                               
Alaska Department  of Fish  & Game,  informed the  committee that                                                               
Mr. Saxby is the  person that members need to talk  to, but he is                                                               
presently testifying  at another committee meeting  and therefore                                                               
unavailable.   He  said  Mr.  Saxby instructed  him  to tell  the                                                               
committee  that the  Alaska Department  of  Fish &  Game and  the                                                               
Department of  Law support  this new language  and that  it would                                                               
accomplish what the  sponsor is attempting to achieve.   He could                                                               
not  say how  it  would affect  the  commercial fishing  industry                                                               
because he had not asked Mr. Saxby that question.                                                                               
                                                                                                                                
1:19:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG asked  why moose  and caribou  are not                                                               
automatically considered an asset  given that fish are considered                                                               
an asset.                                                                                                                       
                                                                                                                                
MR.  BARRY understood  there was  at least  one [Alaska]  Supreme                                                               
Court  case  involving  fish,  but   there  is  no  similar  case                                                               
involving  game so  it has  never been  explicitly stated  by the                                                               
court [that game is an asset].                                                                                                  
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  added that  fish are a  commodity that                                                               
is sold and  traded, which is not the case  for caribou and bear.                                                               
Thus, fish are monetized differently  even though there may be an                                                               
in-kind  trade  of  caribou  and  bear in  Alaska  which  is  not                                                               
necessarily recognized  as an  open trade.   She said  she thinks                                                               
fish have  been at the forefront  of being an asset  because they                                                               
are a monetized commodity.                                                                                                      
                                                                                                                                
1:20:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  inquired whether SSHB 348  designates that                                                               
moose, caribou, and bear are assets when before they were not.                                                                  
                                                                                                                                
MR. BARRY deferred to Mr. Pound.                                                                                                
                                                                                                                                
MR. POUND said  yes.  The Pullen case  specifically declares that                                                             
fish are an  asset, but the case only addresses  fish.  This bill                                                               
would  provide that  game  also  be considered  an  asset and  be                                                               
managed accordingly.                                                                                                            
                                                                                                                                
1:22:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  cited   apparent  contradictions  between                                                               
statements made by Senior Assistant  Attorney General Kevin Saxby                                                               
and Attorney  General Talis  Colberg.   In addition  to including                                                               
the Board  of Fisheries, he warned,  lines 6-7 on page  1 contain                                                               
language that  Mr. Colberg specifically  stated would  cause huge                                                               
problems   in   his   fiscal  note   analysis   for   SSHB   348.                                                               
Additionally,  the proposed  CS  was written  by  Mr. Saxby,  not                                                               
Legislative Legal  and Research Services.   Representative Seaton                                                               
cited  three  February  2008   legal  opinions  from  Legislative                                                               
Counsel Brian Kane  regarding SSHB 348 and stated  he is reticent                                                               
to  adopt a  CS  that is  not written  by  Legislative Legal  and                                                               
Research Services  and for  which there is  no opinion  from [Mr.                                                               
Colberg].                                                                                                                       
                                                                                                                                
MR. BARRY  understood that Mr.  Saxby did not draft  the original                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. POUND said correct.                                                                                                         
                                                                                                                                
MR.  BARRY further  understood that  the  [fiscal note  analysis]                                                               
cited  by  Representative Seaton  was  written  by Mr.  Saxby  as                                                               
comments on  the original SSHB  348.   Mr. Saxby has  worked with                                                               
the sponsor  since then and is  the person who either  drafted or                                                               
approved the new language in the  proposed CS.  He drew attention                                                               
to  the   two-page  document  written  by   Mr.  Saxby  entitled,                                                               
"Preferred option",  which states Mr. Saxby's  preference for the                                                               
language  in the  proposed CS  now  before the  committee.   This                                                               
language addresses Mr.  Saxby's initial concerns on  the SS, said                                                               
Mr. Barry.                                                                                                                      
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
MR. POUND  added that the  Board of Fisheries has  been operating                                                               
under  this since  1997 because  it is  working under  the Pullen                                                             
decision.  This language mirrors the Pullen decision.                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  replied that is  not the case  because the                                                               
proposed  CS  directs that  the  board  "must regulate"  in  this                                                               
manner.  The  board has broad statutory authority  and the Alaska                                                               
Supreme Court found  that an initiative could not  take that over                                                               
because it  is an  asset.   However, the  court's ruling  that an                                                               
initiative cannot be  done to allocate an asset  is far different                                                               
than requiring that  the Board of Fisheries must make  all of its                                                               
management  decisions   based  on   an  asset  allocation.     He                                                               
apologized  for  being  mistaken regarding  Mr.  Saxby's  earlier                                                               
involvement.                                                                                                                    
                                                                                                                                
MR. POUND offered  that removing the Board of  Fisheries from the                                                               
proposed CS would not be a problem.                                                                                             
                                                                                                                                
REPRESENTATIVE KELLER  confirmed Mr. Pound's  statement regarding                                                               
removal of the Board of Fisheries.                                                                                              
                                                                                                                                
CO-CHAIR GATTO stated  that if the committee  adopts the proposed                                                               
CS  it will  be on  the presumption  that it  will be  amended to                                                               
delete the Board of Fisheries.                                                                                                  
                                                                                                                                
1:31:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON inquired  whether  the Board  of Game  has                                                               
been looking at game as an  asset or whether the legislation will                                                               
completely change how the board has  been dealing with game.  She                                                               
suggested the bill  be set aside until legal  counsel is obtained                                                               
in this regard.                                                                                                                 
                                                                                                                                
MR. POUND said  the Board of Game is not  presently managing game                                                               
as an  asset because there is  no language that allows  the board                                                               
to  do so.    The  bill would  eliminate  management  of game  by                                                               
initiative  by applying  to game  the same  principle applied  to                                                               
fish  by the  Pullen  decision.   The Board  of  Game would  then                                                             
operate  in the  same  manner  as the  Board  of Fisheries  which                                                               
manages fish as an asset.                                                                                                       
                                                                                                                                
REPRESENTATIVE WILSON said she had no problem with that.                                                                        
                                                                                                                                
MR.  BARRY interjected  that Mr.  Saxby is  the attorney  for the                                                               
Board  of Game,  and  since  Mr. Saxby  is  comfortable with  the                                                               
language he  therefore assumes the  Board of Game  is comfortable                                                               
with it.                                                                                                                        
                                                                                                                                
1:33:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH stated  that without absolute testimony                                                               
as  to what  the language  actually does  and with  the committee                                                               
being asked to assume, she  can sign no recommendation should the                                                               
committee  choose to  move the  bill forward  today.   The Alaska                                                               
Department  of Fish  & Game  and Legislative  Legal and  Research                                                               
Services  should  be  here  to answer  the  questions  given  the                                                               
contrary opinions, she submitted.                                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG questioned whether  AS 16.05.221 is the                                                               
correct section because  it is more about who is  on the Board of                                                               
Game and Board of Fisheries than it is about regulations.                                                                       
                                                                                                                                
MR. POUND acknowledged that this is a good point.                                                                               
                                                                                                                                
CO-CHAIR GATTO  set aside SSHB  348.  [Consideration of  SSHB 348                                                               
was continued at 1:52:31 p.m.]                                                                                                  
                                                                                                                                
The committee took an at-ease from 1:37 p.m. to 1:39 p.m.                                                                       
                                                                                                                              
HJR 31-OPPOSE FED LAW RE AERIAL HUNTING                                                                                       
                                                                                                                              
1:39:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be HOUSE JOINT  RESOLUTION NO. 31, Opposing the  enactment of the                                                               
Protect America's Wildlife  Act of 2007 that  intends to prohibit                                                               
aerial  hunting  of wildlife,  which  is  essential for  predator                                                               
control in Alaska.                                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON  moved that the  committee adopt as  the working                                                               
document the  committee substitute (CS)  for HJR 31,  labeled 25-                                                               
LS385\E, Kane, 2/19/08 (Version E).                                                                                             
                                                                                                                                
The committee took an at-ease from 1:40 p.m. to 1:46:08 PM.                                                                   
                                                                                                                                
REPRESENTATIVE  WES KELLER,  Alaska State  Legislature, supported                                                               
the proposed  committee substitute  (CS) for  HJR 31  and thanked                                                               
the  House   Resources  Standing  Committee  for   improving  the                                                               
resolution.  He urged its passage.                                                                                              
                                                                                                                                
1:46:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO explained that the  proposed CS deletes "moose and                                                               
caribou  represent   livestock  to"  and  substitutes   "much  of                                                               
Alaska's  wildlife represents  a natural  food source  for".   He                                                               
further  explained that  the  proposed CS  does  not include  the                                                               
amendment to electronically transmit  the resolution because of a                                                               
2/12/08  memorandum from  Lieutenant Governor  Parnell requesting                                                               
this not be done for joint resolutions.                                                                                         
                                                                                                                                
REPRESENTATIVE KAWASAKI noted that the  proposed CS only says the                                                               
resolution shall be  sent, it does not say how  it shall be sent.                                                               
Since electronic  transmission is  not precluded,  the resolution                                                               
could be distributed both ways [paper and electronically].                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  suggested resolutions be sent  in both                                                               
electronic  and post  office formats  due to  the possibility  of                                                               
time sensitivity.                                                                                                               
                                                                                                                                
There being no  objection to the proposed CS  as written, Version                                                               
E was before the committee.                                                                                                     
                                                                                                                                
CO-CHAIR  JOHNSON moved  to report  HJR  31, labeled  25-LS385\E,                                                               
Kane,  2/19/08,  as amended,  out  of  committee with  individual                                                               
recommendations.   There  being no  objection, CSHJR  31(RES) was                                                               
reported out of the House Resources Standing Committee.                                                                         
                                                                                                                              
HB 348-BOARD OF GAME REGULATIONS                                                                                              
                                                                                                                              
1:52:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO returned to consideration of SSHB 348.                                                                           
                                                                                                                                
MR.  POUND drew  attention to  the Department  of Law's  one-page                                                               
document entitled, "Less-preferred option".                                                                                     
                                                                                                                                
The committee  took an at-ease from  1:53 p.m. to 1:54:26  PM due                                                             
to a technical difficulty with the online sound system.                                                                         
                                                                                                                                
MR.  POUND  related  that  this language  is  Mr.  Saxby's  less-                                                               
preferred option primarily because it  does not deal with fish at                                                               
all  and  could   result  in  some  questions   as  to  different                                                               
management styles  or philosophies  between the  two boards.   He                                                               
noted  that fish  had  been  taken out  of  the original  sponsor                                                               
substitute (SS), as well.                                                                                                       
                                                                                                                                
The committee  took an at-ease from  1:55 p.m. to 2:04:30  PM due                                                             
to another technical difficulty with the online sound system.                                                                   
                                                                                                                                
MR. POUND pointed  out that since the  less-preferred option only                                                               
addresses game,  the applicable section  of statute  is therefore                                                               
AS 16.05.255.                                                                                                                   
                                                                                                                                
2:05:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   GATTO  inquired   whether  Representative   Keller  is                                                               
agreeable to making changes to the proposed CS for SSHB 348.                                                                    
                                                                                                                                
REPRESENTATIVE KELLER responded yes.                                                                                            
                                                                                                                                
CO-CHAIR   GATTO   said  the   motion   to   adopt  Version   25-                                                               
LS1328\Resources as the  working document is still  on the table,                                                               
but  that  Representative  Seaton,  maker of  the  objection,  is                                                               
absent [while  momentarily attending another  committee meeting].                                                               
He  conveyed his  understanding with  Representative Seaton  that                                                               
the  objection  was over  the  term  fisheries.   Co-Chair  Gatto                                                               
therefore  considered Representative  Seaton's  objection as  not                                                               
maintained.   There being no  further objection, the  proposed CS                                                               
for  SSHB  348,  labeled   25-LS1328\Resources,  was  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
2:07:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  moved that the  committee adopt Amendment  1 as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 1;                                                                                                            
          Delete "Board of Fisheries and the";                                                                                  
     Page 1, line 7;                                                                                                            
          Delete "fish or"                                                                                                      
                                                                                                                                
REPRESENTATIVE GUTTENBERG  [objected].   Would fish not  still be                                                               
involved because  the purpose  of the language  is to  conform to                                                               
the Pullen opinion, he asked.                                                                                                 
                                                                                                                                
CO-CHAIR GATTO offered his belief that  this is the Board of Game                                                               
section and this section does not address fish.                                                                                 
                                                                                                                                
2:09:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  moved  an  amendment to  Amendment  1  to                                                               
include an additional deletion as follows:                                                                                      
                                                                                                                                
     Page 1, line 6,                                                                                                            
          Delete "appropriate"                                                                                                  
                                                                                                                                
REPRESENTATIVE EDGMON  further noted  that the  statute reference                                                               
on page 1, line 4, should be changed.                                                                                           
                                                                                                                                
REPRESENTATIVE GUTTENBERG removed his objection to Amendment 1.                                                                 
                                                                                                                                
There being  no further objection,  the amendment to  Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
There being  no objection, Amendment  1, as amended,  was adopted                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 1, line 1:                                                                                                            
          delete "Board of Fisheries and the"                                                                                   
                                                                                                                                
     Page 1, line 7:                                                                                                            
          delete "fish or"                                                                                                      
                                                                                                                                
     Page 1, line 6:                                                                                                            
          delete "appropriate"                                                                                                  
                                                                                                                                
The committee took an at-ease from 2:12 p.m. to 2:17 p.m.                                                                       
                                                                                                                                
2:17:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  moved   that  the   committee  adopt                                                               
Amendment 2 as follows:  page  1, delete lines 4-7 and insert the                                                               
text from [Mr. Saxby's] "less preferred option".                                                                                
                                                                                                                                
CO-CHAIR JOHNSON objected.                                                                                                      
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH,   in  response  to   Co-Chair  Gatto,                                                               
explained the purpose of Amendment 2  is to bring forward a blank                                                               
page and on  that blank page insert what an  attorney has drafted                                                               
as the  appropriate language.   In  further response  to Co-Chair                                                               
Gatto, Representative  Fairclough confirmed that  AS 16.05.255(j)                                                               
is  the  correct  reference,  but  that  she  will  be  making  a                                                               
following  amendment  to  have  Legislative  Research  and  Legal                                                               
Services look  at the renumbering.   She understood  the proposed                                                               
amendment is not  a definition; rather it is a  way to manage and                                                               
is therefore an action item that will need to be (j).                                                                           
                                                                                                                                
2:19:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON withdrew his objection.   There being no further                                                               
objection,  Amendment   2  was   adopted  as   follows  (original                                                               
punctuation provided):                                                                                                          
                                                                                                                                
     Page 1, lines 4-7:                                                                                                         
         Delete "Section 1. AS 16.05.221 is amended by                                                                        
     adding a new subsection to read.                                                                                           
     (e)  In  this  section, the  terms  'conservation'  and                                                                    
     'development'   both  require   that  the   Board  must                                                                    
     regulate in  a manner that primarily  concerns if, how,                                                                    
     when  and  where the  public  assets  of game  will  be                                                                    
     allocated or appropriated.                                                                                                 
          insert "AS 16.05.255(j) is amended by adding a                                                                      
     new paragraph to read.                                                                                                   
          (e) In this section, the terms 'conservation,'                                                                      
     'development'  and 'utilization'  all require  that the                                                                  
     Board  must   regulate  in  a  manner   that  primarily                                                                  
     concerns if,  how, when and  where the public  asset of                                                                  
     game will be allocated or appropriated."                                                                                 
                                                                                                                                
2:20:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  moved   that  the   committee  adopt                                                               
Conceptual Amendment 3 as follows:                                                                                              
                                                                                                                                
     insert this  (j) and renumber the  following subsection                                                                    
     that is currently labeled (j) to (k)                                                                                       
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH,   in  response  to   Co-Chair  Gatto,                                                               
confirmed  Conceptual   Amendment  3   will  reletter   and  then                                                               
renumber.                                                                                                                       
                                                                                                                                
There being no objection, Conceptual Amendment 3 was adopted.                                                                   
                                                                                                                                
2:21:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  moved  to  report   CSSSHB  348,  labeled  25-                                                               
LS1328\Resources, as  amended, out  of committee  with individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE GUTTENBERG  objected.   There are  still questions                                                               
and one question  is whether the word must changes  how the board                                                               
is required  to operate.   He  said he  believes that  the bill's                                                               
purpose to affect  ballot initiatives is a bad thing  and it will                                                               
not change  anything except that  there will be  another lawsuit.                                                               
He expressed  his concern  over the  legislature taking  away the                                                               
people's right to ballot box for initiatives.                                                                                   
                                                                                                                                
A  roll call  vote  was taken.    Representatives Roses,  Edgmon,                                                               
Fairclough, Wilson, Gatto,  and Johnson voted in  favor of CSSSHB                                                               
348,  as amended.   Representative  Guttenberg voted  against it.                                                               
Representative  Seaton  was  excused  from  voting.    Therefore,                                                               
CSSSHB 348(RES) was reported out  of the House Resources Standing                                                               
Committee by a vote of 6-1.                                                                                                     
                                                                                                                              
HB 330-NOXIOUS WEEDS AND INVASIVE PLANTS                                                                                      
                                                                                                                              
2:26:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the final order  of business would                                                               
be HOUSE BILL NO. 330, "An  Act relating to management of noxious                                                               
weeds  and invasive  plants; establishing  the  Noxious Weed  and                                                               
Invasive  Plant  Board; and  establishing  the  noxious weed  and                                                               
invasive plant management fund."                                                                                                
                                                                                                                                
CO-CHAIR JOHNSON  moved that the  committee adopt as  the working                                                               
document  the  proposed  CS  for  HB  330,  labeled  25-LS1062\O,                                                               
Bullard, 2/19/08 (Version O).   There being no objection, Version                                                               
O was before the committee.                                                                                                     
                                                                                                                                
2:28:17 PM                                                                                                                    
                                                                                                                                
JEANNE  OSTNES, Staff  to  Representative  Craig Johnson,  Alaska                                                               
State   Legislature,  explained   the  differences   between  the                                                               
original bill and the CS.  She specified:                                                                                       
                                                                                                                                
     The original  HB 330 was  formed under Article 2  of AS                                                                    
     41.10.    This would  be  Chapter  10, Soil  and  Water                                                                    
     Conservation  of   Title  4,   which  is   your  Public                                                                    
     Resources.                                                                                                                 
                                                                                                                                
     The  original bill  formed a  board and  identified the                                                                    
     powers  and the  duties of  the board.   It  delineated                                                                    
     advisory groups  of the  board, agency  cooperation and                                                                    
     joint operations.   The original  HB 330 also  formed a                                                                    
     noxious weed and invasive plant management fund.                                                                           
                                                                                                                                
     The CS for  HB 330 reincarnates as  a state coordinator                                                                    
     employed or  appointed by  the Commissioner  of Natural                                                                    
     Resources.  It is now  in Title 3, which is Agriculture                                                                    
     and  Animals,  Chapter  5, Powers  and  Duties  of  the                                                                    
     Commissioners  of Natural  Resources and  Environmental                                                                    
     Conservation, and it forms a new section, 027.                                                                             
                                                                                                                                
     So,  basically  we've  [taken] the  original  bill  and                                                                    
     taken the  board completely out  and we now have  a ...                                                                    
     state  coordinator   and  this  bill  will   allow  the                                                                    
     Commissioner  ... of  Natural  Resources  to employ  or                                                                    
     appoint a state coordinator  for noxious weed, invasive                                                                    
     plant,  and agricultural  pest management,  as well  as                                                                    
     education.   This  coordinator  will  work through  the                                                                    
     Division of  Agriculture along with  state departments,                                                                    
     agencies,  and institutions.   This  person will  bring                                                                    
     together  the aforementioned  entities  in addition  to                                                                    
     the University of  Alaska Cooperative Extension Service                                                                    
     and the  Alaska Association of  Conservation Districts.                                                                    
     The Cooperative Extension Service  has a broad range of                                                                    
     extension agents  and they around  the state  work with                                                                    
     horticulture,  which is  your nursery  and greenhouses,                                                                    
     agriculture,   invasives,  and   the  rural   community                                                                    
     development in our  rural parts of the  state.  Through                                                                    
     this coordination  the State  of Alaska will  develop a                                                                    
     strategic plan  and, more  importantly, a  start toward                                                                    
     limiting  the economic  loss and  adverse effects  [to]                                                                    
     the state's agricultural,  natural, and human resources                                                                    
     because of  the presence  and spread of  noxious weeds,                                                                    
     agricultural  pests, invasive  terrestrial and  aquatic                                                                    
     plants in the state.                                                                                                       
                                                                                                                                
MS. OSTNES  noted that  the original fiscal  note of  $236,800 is                                                               
now reduced to about $80,000.                                                                                                   
                                                                                                                                
2:33:01 PM                                                                                                                    
                                                                                                                                
BRYCE  WRIGLEY,  President,  Alaska  Farm Bureau,  stated  he  is                                                               
comfortable with  the proposed CS  as written.  He  requested the                                                               
opportunity to testify should any amendments be introduced.                                                                     
                                                                                                                                
REPRESENTATIVE WILSON said she thought  the comments in a 2/15/08                                                               
letter  from the  Alaska Conservation  Alliance  were good  ones.                                                               
She  asked whether  these comments  regarding  the original  bill                                                               
were brought  into Version O.   She read page 2,  paragraph 1, of                                                               
the comments which state (original punctuation provided):                                                                       
                                                                                                                                
     ...  The  definition  of  invasive  species  should  be                                                                    
     amended  so that  it does  not include  species natural                                                                    
     northern  migration  due  to   the  effects  of  global                                                                    
     climate  change.    As  warming  increases,  a  species                                                                    
     former  range may  be extended  northward; as  such, it                                                                    
     does  not fit  the  typical definition  of an  invasive                                                                    
     species.   This  could be  accomplished by  making sure                                                                    
     that  "alien" does  not include  indigenous species  to                                                                    
     Alaska that  may be naturally extending  their range in                                                                    
     response to the effects of climate change.                                                                                 
                                                                                                                                
CO-CHAIR GATTO remarked that his  only issue with the comments is                                                               
that they represent complete common sense.                                                                                      
                                                                                                                                
MS. OSTNES said  the letter was written to the  original bill and                                                               
[the Alaska  Conservation Alliance's executive director]  did not                                                               
have time to look at the CS.                                                                                                    
                                                                                                                                
2:35:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WILSON  inquired   whether  the   aforementioned                                                               
comments are addressed in Version O.                                                                                            
                                                                                                                                
MS. OSTNES  explained that with  the deletion of the  board, most                                                               
of that kind of information  would come through regulations.  The                                                               
Alaska Association  of Conservation Districts yesterday  voted to                                                               
accept Version  O, she  related.  The  association also  voted to                                                               
take on the  task of forming a board made  up of the stakeholders                                                               
identified  in the  original bill.   She  said she  believed that                                                               
once the "weed"  board is formed under the  Alaska Association of                                                               
Conservation Districts, all comers will be taken up.                                                                            
                                                                                                                                
2:36:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON asked  why aquatic  species are  no longer                                                               
addressed by Version  O.  While they may not  be a problem today,                                                               
they could be tomorrow as a result of global warming.                                                                           
                                                                                                                                
MS. OSTNES said the sponsor  statement identifies terrestrial and                                                               
aquatic plants in the state and  she believes that becomes a part                                                               
of  the board's  duties to  expand,  discuss, and  develop.   She                                                               
related  that there  is also  a board  within the  state that  is                                                               
dealing specifically with  invasives and she believes  there is a                                                               
plan  to  establish  an  all-taxa   council  that  would  address                                                               
aquatics, mammals,  pests, microorganisms,  weeds, and  all other                                                               
things.                                                                                                                         
                                                                                                                                
2:37:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON noted  that the  definitions for  invasive                                                               
plant  and  noxious weed  are  no  included  in  Version O.    He                                                               
inquired  whether  the  definitions   currently  in  statute  for                                                               
invasive plant and noxious weed are sufficient.                                                                                 
                                                                                                                                
MS. OSTNES  responded that the  statutes are not good  enough and                                                               
regulations  need  to be  updated.    The  CS allows  the  Alaska                                                               
Association  of  Conservation  Districts  to deal  with  this  by                                                               
making recommendations.                                                                                                         
                                                                                                                                
2:39:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON   drew  attention  to  the   inclusion  of                                                               
"federal  agencies" on  page 1,  lines 11-12.   He  asked whether                                                               
"federal"  should  be added  to  page  2,  line  18, to  make  it                                                               
consistent.                                                                                                                     
                                                                                                                                
MS. OSTNES  replied she  believes the  board can  coordinate with                                                               
federal agencies, but it cannot  make recommendations directly to                                                               
the  federal  agencies  to  change   federal  regulations.    She                                                               
deferred to others more familiar with how this would work.                                                                      
                                                                                                                                
PETER FELLMAN, Staff to Representative  John Harris, Alaska State                                                               
Legislature, stated that he has been  a farmer in Alaska for over                                                               
20 years.   He said the  federal agencies are already  working on                                                               
programs  throughout  the  Lower  48 that  are  funded  and  have                                                               
standards already  established by  law.  In  order for  Alaska to                                                               
qualify  for some  of that  federal funding,  the state  needs to                                                               
give the  board person  the ability to  consult with  the federal                                                               
agencies  so  Alaska  can  match   its  program  to  the  federal                                                               
qualifications.   The board  person cannot  make recommendations;                                                               
he or she can only  consult to make sure Alaska's recommendations                                                               
meet federal guidelines.                                                                                                        
                                                                                                                                
2:42:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO surmised  the board  person would  be allowed  to                                                               
coordinate  with  federal  agencies  without it  being  put  into                                                               
statute.                                                                                                                        
                                                                                                                                
MR.  FELLMAN agreed.    He cautioned  against  the state  locking                                                               
itself in with  statute that does not allow for  development of a                                                               
state plan.   This  board and  this person need  to be  given the                                                               
ability to  work with all  these different entities  and agencies                                                               
to create something  that works that can then it  can be put into                                                               
regulations  so it  can be  modified  over time  and continue  to                                                               
work.   If it is locked  into statute, the state  will go through                                                               
this process every year, he warned.                                                                                             
                                                                                                                                
2:43:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO inquired  whether it  would be  better to  delete                                                               
"state" from page 2, line  18, so it would read, "recommendations                                                               
to  departments  and   agencies".    Thus,  there   would  be  no                                                               
restrictions as  to whether  it is  state or  federal departments                                                               
and agencies.                                                                                                                   
                                                                                                                                
MR. FELLMAN  said that would  make the legislation more  fluid so                                                               
there is the opportunity to make changes on the go.                                                                             
                                                                                                                                
MS.  OSTNES explained  that  Version  O takes  the  board out  of                                                               
statute  and  puts  it  as  part of  the  Alaska  Association  of                                                               
Conservation  Districts.   Thus, there  needs to  be some  way to                                                               
bring  in at  least  four  of Alaska's  state  departments -  the                                                               
Department of Transportation &  Public Facilities, the Department                                                               
of   Environmental  Conservation,   the  Department   of  Natural                                                               
Resources, and  the Alaska Department  of Fish  & Game.   So, she                                                               
said, there  needs to  be some  way to  allow the  coordinator to                                                               
[work with state  departments].  In further  response to Co-Chair                                                               
Gatto, she  said she  is not suggesting  the four  departments be                                                               
specifically identified in  the bill.  Rather,  by keeping "state                                                               
departments"  in  the  bill  it  leaves  it  wide  open  for  the                                                               
coordinator to talk to any and all departments.                                                                                 
                                                                                                                                
2:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES   observed   that  page   1   deals   with                                                               
coordinating with  state and federal  agencies and page  2, lines                                                               
18-20, deals  with reviewing and making  recommendations to state                                                               
departments   and  agencies   regarding  state   regulations  and                                                               
statutes.  Therefore the current language is appropriate.                                                                       
                                                                                                                                
CO-CHAIR JOHNSON pointed  out that it must be  a state recognized                                                               
board and  a state plan  in order  to qualify for  federal funds.                                                               
If "state" is  taken out, the ability to apply  for federal money                                                               
may be lost and that ability is the purpose of this legislation.                                                                
                                                                                                                                
2:47:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG asked whether  the three-year sunset is                                                               
enough time to accomplish what needs to be accomplished.                                                                        
                                                                                                                                
MR.  FELLMAN  said the  sunset's  purpose  is to  provide  fiscal                                                               
accountability  in the  Department of  Agriculture as  to whether                                                               
the state's money is really  accomplishing something.  It ensures                                                               
that the individual knows he or  she will be held accountable and                                                               
if federal  funds are  not received  and the  program is  not put                                                               
together, the job will go away.                                                                                                 
                                                                                                                                
2:48:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG inquired  whether a  three-year sunset                                                               
provides enough time to determine that the plan is working.                                                                     
                                                                                                                                
MR. FELLMAN  responded that  a lot of  the groundwork  is already                                                               
done.    The  Alaska  Committee for  Noxious  &  Invasive  Plants                                                               
Management (CNIPM)  has done a  lot of  work, the soil  and water                                                               
conservation districts already exist and  have plans and maps and                                                               
have  identified  the  weeds  and  problems,  and  the  districts                                                               
already know  how to do the  control.  The  goal now is to  get a                                                               
person  in  the  Division  of  Agriculture  to  gather  all  that                                                               
information  together and  develop  a  state plan  so  it can  be                                                               
funded  by  federal money.    It  is not  how  well  the plan  is                                                               
working, he  said, it  is whether  or not the  state is  making a                                                               
plan and that is what HB 330 would do.                                                                                          
                                                                                                                                
2:51:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON moved  to report  HB 330,  labeled 25-LS1062\O,                                                               
Bullard,    2/19/08,   out    of   committee    with   individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,  CSHB  330(RES)  was reported  out  of  the  House                                                               
Resources Standing Committee.                                                                                                   
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:53 p.m.                                                                 

Document Name Date/Time Subjects