Legislature(2015 - 2016)BARNES 124
03/30/2015 01:00 PM House RESOURCES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HJR18 | |
| HB153 | |
| Confirmation(s): Fisherman's Fund Advisory and Appeals Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 18 | TELECONFERENCED | |
| *+ | HB 153 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 30, 2015
1:33 p.m.
MEMBERS PRESENT
Representative David Talerico, Co-Chair
Representative Mike Hawker, Vice Chair
Representative Bob Herron
Representative Craig Johnson
Representative Kurt Olson
Representative Paul Seaton
Representative Andy Josephson
Representative Geran Tarr
MEMBERS ABSENT
Representative Benjamin Nageak, Co-Chair
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 18
Urging the United States Congress to pass the Improved National
Monument Designation Process Act.
- MOVED CSHJR 18(RES) OUT OF COMMITTEE
HOUSE BILL NO. 153
"An Act expanding the Palmer Hay Flats State Game Refuge."
- MOVED CSHB 153(RES) OUT OF COMMITTEE
CONFIRMATION HEARING(S):
Fishermen's Fund Advisory & Appeals Council
Donald Stiles - Nome
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: HJR 18
SHORT TITLE: LIMIT DECLARATION OF NATL. MONUMENTS
SPONSOR(s): REPRESENTATIVE(s) MILLETT
03/16/15 (H) READ THE FIRST TIME - REFERRALS
03/16/15 (H) RES
03/30/15 (H) RES AT 1:00 PM BARNES 124
BILL: HB 153
SHORT TITLE: PALMER HAY FLATS GAME REFUGE
SPONSOR(s): REPRESENTATIVE(s) COLVER
03/20/15 (H) READ THE FIRST TIME - REFERRALS
03/20/15 (H) RES
03/30/15 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
JEFF TURNER, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 18 on behalf of the sponsor,
Representative Millett.
REPRESENTATIVE JIM COLVER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the sponsor introduced HB 153.
DAVID SCOTT, Staff
Representative Jim Colver
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information on HB 153 on behalf of
the sponsor, Representative Colver.
BRUCE DALE, Acting Director
Division of Wildlife Conservation
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 153.
ROD ARNO, Executive Director
Alaska Outdoor Council (AOC)
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 153.
TOM ROTHE, Duck Hunter
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 153.
HERMAN GRIESE
Alaskans for Palmer Hay Flats State Game Refuge
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 153 and
suggested additional lands for inclusion in the bill.
LARRY ENGLE
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 153.
BEN MULLIGAN, Legislative Liaison
Special Assistant to the Commissioner
Office of the Commissioner
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 153.
DONALD STILES, Appointee
Fisherman's Fund Advisory and Appeals Council
Nome, Alaska
POSITION STATEMENT: Testified as appointee to the Fisherman's
Fund Advisory and Appeals Council.
ACTION NARRATIVE
1:33:49 PM
CO-CHAIR DAVID TALERICO called the House Resources Standing
Committee meeting to order at 1:33 p.m. Representatives Seaton,
Josephson, Tarr, Johnson, Olson, Herron, and Talerico were
present at the call to order. Representative Hawker arrived as
the meeting was in progress.
HJR 18-LIMIT DECLARATION OF NATL. MONUMENTS
1:35:00 PM
CO-CHAIR TALERICO announced that the first order of business is
HOUSE JOINT RESOLUTION NO. 18, Urging the United States Congress
to pass the Improved National Monument Designation Process Act.
1:35:23 PM
JEFF TURNER, Staff, Representative Charisse Millett, Alaska
State Legislature, explained that HJR 18 urges the U.S. Congress
to pass the Improved National Monument Designation Process Act,
S. 437, sponsored by U.S. Senator Lisa Murkowski and co-
sponsored by U.S. Senator Dan Sullivan. He said S. 437 creates
new requirements and limits the authority of the President of
the United States to expand monuments under the 1906 Antiquities
Act. Passed under the administration of Theodore Roosevelt, the
Antiquities Act grants the President of the United States the
power to create national monuments that protect and preserve
important landmarks and environmentally sensitive areas using
the smallest area necessary to preserve and protect the place
under the monument. While the Antiquities Act has been used
wisely to preserve some of America's most pristine and important
areas, many things have changed over the last 100 years. There
are more demands on public lands than ever and state and local
economies need to be taken into consideration. Tourism,
hunting, commercial and sport fishing, and natural resource
development all take place on public lands. The time has come
to make the process for creating national monuments more
comprehensive. Senator Murkowski's bill, S. 437, makes three
significant changes to the Antiquities Act. First, it requires
specific authorization by an act of Congress to designate a
national monument. Second, it requires approval by the state
legislature where the monument would be located and, for marine
national monuments, approval by each state legislature within
100 miles of the proposed monument. Third, it must conform to
the National Environmental Policy Act (NEPA).
1:37:29 PM
MR. TURNER said S. 437 is important to Alaska because there are
currently 142 national monuments. Ten of these monuments were
created, and two more expanded, under the Obama Administration
since starting its second term in January 2013. All of that
happened without the approval of Congress or of the states where
the monument was created. The last monument created in Alaska
was by President Carter in 1978. Senator Murkowski filed this
legislation because she is concerned about the potential for new
monuments in Alaska that restrict or outright prohibit critical
economic activity. Two possible sites are the Aleutian Islands
and the Arctic National Wildlife Refuge (ANWR). It is known
that President Obama will be in Alaska this summer, but it is
unknown whether the purpose of the trip is to announce the
creation of a new national monument. Alaska's two U.S. senators
are so worried that this might happen that they have filed S.
437, which is the legislation that HJR 18 supports.
MR. TURNER directed attention to two articles in the committee
packet, one an editorial from the Deseret News in Utah and the
other from the Fairbanks News Miner, in which Senator Murkowski
is quoted expressing her fear that President Obama will put the
Arctic National Wildlife Refuge into permanent wilderness status
and lock it up. He pointed out that Alaska does not have a Wall
Street or a Silicon Valley, but it does have Prudhoe Bay,
Kuparuk, Bristol Bay fisheries, Fort Knox, Greens Creek, and
other natural resource extraction areas that fuel the state's
economy and provide necessary resources like energy, minerals,
and nutrition for the entire nation. He said S. 437 and HJR 18
are not seeking to stop new national monuments from being
created; they are about improving the process for creating
national monuments so the Alaska legislature and everyday
Alaskans are made part of the public policy process when a new
national monument is considered.
1:40:13 PM
REPRESENTATIVE JOSEPHSON recalled Mr. Turner mentioning hunting
as one of the diversity of needs. He pointed out that Southeast
Alaska's Admiralty Island is a national monument where there is
a huge annual brown bear hunt, mostly commercially guided. He
therefore surmised that hunts are allowed on some national
monuments.
MR. TURNER replied he believes there is, but said there is
always the potential under National Park Service rules or
regulations where additional restrictions could be put in place.
REPRESENTATIVE JOSEPHSON pointed out that the Alaska National
Interest Lands Conservation Act (ANILCA) is from 1980, while the
Antiquities Act is 1906. He asked whether ANILCA trumps the
Antiquities Act given that ANILA is 74 years later and has a "no
more" clause. He further asked whether there really is a risk
of a monument designation in the 1002 Area within the Arctic
National Wildlife Refuge.
MR. TURNER responded that Representative Millett, Senator
Murkowski, and Senator Sullivan believe it is a real possibility
and that is why they filed S. 437 and HJR 18. Even if it
doesn't happen, there has been a lot of discontent in the
western states regarding how the national monument process has
been going forward. Currently in this country of 300 million
people, 1 person can make this decision. While that person is
the President of the United States, a lot has changed since the
Antiquities Act was put in place in 1906. This seeks to improve
the process for creating national monuments.
1:42:53 PM
REPRESENTATIVE TARR inquired whether any other U.S. senators
have co-sponsored S. 437.
MR. TURNER answered it has one co-sponsor, Senator Sullivan.
The bill, filed February 10, 2015, was referred to Senator
Murkowski's U.S. Senate Committee on Energy and Natural
Resources, but hasn't yet been scheduled for a hearing. He said
he assumes that some other western senators will sign on to the
bill once the hearing process starts.
1:43:41 PM
REPRESENTATIVE HAWKER drew attention to HJR 18, page 2, line 10,
which states: "... in February 2015, United States Senator Lisa
Murkowski introduced ...." He inquired what the sponsor's
thought would be to recognize that S. 437 was introduced by both
Senator Murkowski and Senator Sullivan.
MR. TURNER replied he is sure Representative Millett would be
fine with such an amendment.
1:44:39 PM
REPRESENTATIVE HAWKER moved to adopt Conceptual Amendment 1 to
insert language on page 2, line 10, recognizing that S. 437 was
introduced by Senator Lisa Murkowski and Senator Dan Sullivan.
There being no objection, Conceptual Amendment 1 passed.
1:45:40 PM
CO-CHAIR TALERICO opened public testimony on HJR 18, then closed
it after ascertaining that no one wished to testify.
1:46:23 PM
REPRESENTATIVE HAWKER moved to report HJR 18, as amended, out of
committee with individual recommendations and the accompanying
zero fiscal note.
1:46:44 PM
REPRESENTATIVE JOSEPHSON objected for purposes of discussion,
saying he agrees with Mr. Turner's statement that logically as
the nation's population grows over 300 million there is less
land and more economic pressure. Some of these designations
don't really impact economic development that severely, he said,
and he thinks that this could really politicize passage of
those. It is something that began with one of the greatest
Republicans, President Theodore Roosevelt, who might see this
differently. He recalled that while in law school he spent time
studying the Grand Staircase-Escalante National Monument and
remarked he would be interested to see what the objection is to
that monument now, if any. He said there was objection when the
monument was established by President Clinton because it stopped
a French-owned coal mine, but he suspects there is a lot of
tourism there. This is a special privilege of Presidents,
Democrats and Republicans, he continued, and while this power
should be used carefully it has been a great power and he thinks
the United States is better for it. For example, there is
Devil's Tower, the Statue of Liberty, Death Valley, Zion, and
Arches. Some of these are now national parks that started as
monuments. He said he has mixed feelings about HJR 18.
1:48:52 PM
REPRESENTATIVE SEATON pointed out that the second to last
paragraph in the sponsor statement states that S. 437 would
require approval by each state legislature, and for marine
national monuments, approval by each state legislature within
100 miles. However, he noted, this is not included within HJR
18 so it isn't quite parallel with the federal bill. He said he
supports moving HJR 18.
1:49:47 PM
REPRESENTATIVE JOSEPHSON withdrew his objection. There being no
further objection, CSHJR 18(RES) was reported from the House
Resources Standing Committee.
The committee took an at-ease from 1:50 p.m. to 1:54 p.m.
HB 153-PALMER HAY FLATS GAME REFUGE
1:54:45 PM
CO-CHAIR TALERICO announced that the next order of business is
HOUSE BILL NO. 153, "An Act expanding the Palmer Hay Flats State
Game Refuge."
1:55:15 PM
REPRESENTATIVE JIM COLVER, Alaska State Legislature, as the
sponsor introduced HB 153, explaining it would expand the
boundary of the Palmer Hay Flats State Game Refuge. He said the
refuge was established in 1975 by the legislature and is an area
where the [1964] earthquake caused the land to drop two feet, so
what was once uplands became lowlands and wetlands. He said the
bill simply incorporates about 1,360 acres that were donated and
acquired between 1989 and 2013. Drawing attention to the maps
in the committee packet, he said the lands with [red hatching]
are the lands described and that would be added to the refuge by
the bill. He noted that the legal description has been vetted
four times and reviewed by the survey section at the Department
of Natural Resources (DNR). He said the area is important
habitat for waterfowl, shorebirds, and a number of species of
salmon and fish, as well as important winter range for moose. A
number of different user groups use the area, including hunters,
recreationists, and trappers, plus there is an advocacy group
called Alaskans for Palmer Hay Flats State Game Refuge. He said
there has been no opposition to the bill and there is support
from outdoor organizations, the Board of Game, local elementary
school kids, and the Alaska Department of Fish & Game (ADF&G).
He further pointed out that the bill has a zero fiscal note and
that a proposed committee substitute cleans up the legal
descriptions that are in the original bill.
1:59:25 PM
REPRESENTATIVE HAWKER moved to adopt the proposed committee
substitute (CS), labeled 29-LS0653\H, Bullard, 3/28/15, as the
working document. There being no objection, Version H was
before the committee.
1:59:56 PM
REPRESENTATIVE COLVER explained the proposed changes that
Version H would make to the original bill. He drew attention to
page 2, line 15, of the original bill which states "Section 28"
and noted that Version H, lines 15-16, clean up the language for
within Section 28 of Township 17 North, Range 1 East, Seward
Meridian, Lots 1-2, by adding the north half of the southwest
quarter to the string of legal descriptions. This is a
description of some of the new lands added. He then drew
attention to page 3 of Version H, lines 11, 15, and 18, which
correctly state "U.S. Survey No. 9023". He explained that this
survey number had transposed digits in the original bill and
that this survey was done for the conveyance of the railroad
from the federal government to the state.
DAVID SCOTT, Staff, Representative Jim Colver, Alaska State
Legislature, added that Legislative Legal and Research Services
is a little wary of these kinds of bills and wants them double-
checked multiple times by the various state departments.
2:02:26 PM
REPRESENTATIVE JOHNSON inquired whether access to private land
would be blocked by adding the new land to the refuge.
REPRESENTATIVE COLVER replied he does not believe so. He said
that as far as he knows there is no limitation to access and
moving around within this state land. It is simply that it is
designated as a game refuge.
REPRESENTATIVE JOHNSON asked whether any of the refuge land is
off limits to motorized vehicles.
REPRESENTATIVE COLVER deferred to ADF&G, but said he doesn't
think so because otherwise the Alaska Outdoor Council would not
have endorsed the bill and the council's letter of support
references this.
REPRESENTATIVE JOHNSON specified he wants to be cautious that
there is no blocking of access to private land.
BRUCE DALE, Acting Director, Division of Wildlife Conservation,
Alaska Department of Fish & Game (ADF&G), responded that to the
department's knowledge there is no access blocked and that is
not the intent of the department. There should be free access
to any inholdings.
2:04:36 PM
REPRESENTATIVE SEATON asked whether ADF&G or DNR has control of
the access, rights-of-way, and winter trails.
MR. DALE answered that snow machines are authorized from
November 9 to March 31 as long as there is sufficient snow
cover, and they can go anywhere they want. Four wheelers are
authorized on designated trails only and there are numerous
access points. There are some restrictions on outboard motor
horsepower on some of the waterways.
REPRESENTATIVE SEATON said he wants to make it clear that DNR
does have restrictions for overland permits on any wetlands and
generally it is winter compatible.
2:05:50 PM
REPRESENTATIVE TARR observed from the map that the parcel that
would be added on the east side of the refuge has privately
owned parcels abutting it on the south side. Noting that land
acquisition has been ongoing for a decade or more, she inquired
whether there will be an effort going forward to try to bring
these other private lands into the refuge.
MR. DALE replied he does not know of any efforts to bring those
particular lands into the refuge at this time.
2:07:07 PM
CO-CHAIR TALERICO opened public testimony.
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC),
testified in support of HB 153 with the correction on the
boundaries. He noted that this area is on the edge of urban
sprawl and for that reason AOC supports adding this additional
protection of the areas that have been acquired. The addition
on the west side of lands up to Cottonwood Creek is a very
important access point for folks who hunt waterfowl and fish in
the Hay Flats area. This is important critical habitat for
protection, he said, and AOC supports that and supports the
management of access on that land.
2:09:12 PM
TOM ROTHE, Duck Hunter, testified in support of HB 153,
explaining he is a duck hunter and frequent Hay Flats user. He
urged the committee and the entire legislature to support this
bill because it clarifies things that have been lingering in
terms of management for a number of years. He is retired from
ADF&G after 25 years and part of what he did for ADF&G's
waterfowl program was to work with refuges and local landowners
to acquire some of these parcels in partnership with many other
entities. The purpose was largely to provide legal access to
the refuge. For example, Cottonwood Creek was secured and is a
legal access point. The property on the east side of the refuge
is the primary access point and was private land prior to its
acquisition. These parcels have been really important in
securing easy ways for the public to get in and ADF&G has done a
nice job of starting to improve those for users. A total of
2,400 acres has been acquired since 1990 and much of that is
tremendous habitat for waterfowl, moose, and salmon. All of
these acquisitions were done pretty much without the benefit of
appropriated funds from the state. Partners and federal wetland
grants brought over $1.4 million to the table for the benefit of
Alaskans. He offered his appreciation for Co-Chair Talerico's
bill for license fee increases [HB 137] because the fees for
duck stamps are applied for these kinds of things - seed money
to put together packages to get good habitat and public access.
Mr. Rothe pointed out that the landowners were all willing and
for the most part the properties are largely unbuildable because
they are wetlands. So, when approached, those folks received
good value for their properties as well as tax benefits in those
cases where there were donations. If included in the refuge,
these new acquisitions will not create any more restrictions on
those lands than is currently available. The refuge is managed
under a well-written management plan that looks at all the uses
that have been negotiated over the years with the public through
the public process. It sets up a regime to both protect habitat
and allow public uses. The most important parts of this bill
are that it fulfills promises made to those partners who stepped
up and put in over a million dollars, plus it consolidates
management authority in terms of enforcement, habitat
enhancement projects, or other things. He drew attention to the
letter of support from the Board of Game.
REPRESENTATIVE HAWKER thanked Mr. Rothe for his thorough and
convincing testimony.
2:14:23 PM
HERMAN GRIESE, Alaskans for Palmer Hay Flats State Game Refuge,
testified in support of HB 153, saying his group has been
involved in the refuge for over 10 years trying to clean up the
trash and car bodies that were strewn throughout the access
points on the refuge. His group worked with granting agencies
to work with ADF&G to improve the access sites. For example,
along the Glenn Highway at the Reflections Lake turnout his
group is finishing a wildlife observation tower that will be
turned over to the state. The goal of his group is to maintain
opportunity for access by hunters, fishers, and trappers, as
well as by children from local schools for educational
opportunities. Another goal is to maintain the habitat value
for the wildlife and fisheries resources on the refuge. He said
his group enthusiastically supports this legislation. About 75
families and 25 donors are members of the group and have
provided many dedicated hours and about $800,000 has been
invested in the refuge to try to improve the looks, access, and
opportunities. Mr. Griese pointed out that there are two
particular sites. The primary access site on the west side is
at Cottonwood Creek and is under a DNR Interagency Land
Management Agreement (ILMA). Some of those investments and
access are still on that Interagency Land Management Agreement
(ILMA) land. He urged that these [ILMA] lands be added to the
boundary, saying that letters have been sent to the governor in
the past and, thanks to Mr. Rothe, people are now at the table
discussing that. Another site is on the eastern side. It can
be seen on the map that the boundary for the new change includes
several channels that are now dry for the most part and it would
be good if a line could be drawn across those channels and
include them as well. They were considered part of an omission
in the past because of wetland or water issues. But things are
changing as it is a very dynamic area and decades down the road
more changes will be looked at as well.
2:18:24 PM
REPRESENTATIVE HAWKER, regarding Mr. Griese's concerns about
improving the quality of access as part of this legislation by
bringing in this additional land, asked whether conversations
have been held with ADF&G or other state folks who would make
those recommendations to the legislature.
MR. GRIESE responded that his organization has been working very
closely with ADF&G, which is the regulatory agency on the access
for all these sites. He said there hasn't been any controversy
except for some of the areas where there is increasing use of
all-terrain vehicles on an existing and allowable trail. A
proposal is currently being looked at to deal with repairing
some of that damage, otherwise there is very close working
cooperation with ADF&G on that.
2:19:46 PM
REPRESENTATIVE TARR inquired whether the east side site
mentioned by Mr. Griese is a site currently under consideration.
MR. GRIESE answered that the area on the eastern end is not in
the current legislation. It has been proposed in years past and
his organization has written letters requesting that boundary
change. He said it's difficult to advise individuals entering
that eastern side as to where they are in the refuge because
there are islands of land that are in the refuge and channels
that are not. Now that it is all dry there is access in those
areas and people wanting to recreate there would like to know
whether or not they are in the refuge.
2:20:59 PM
LARRY ENGLE testified in support of HB 153, saying he is a long-
time user of the Palmer Hay Flats, including from before it was
designated a refuge. He noted that many of the things he was
going to bring up have already been discussed very clearly,
particularly Mr. Rothe's and Mr. Griese's discussions, so he
won't go into those details. He pointed out that many people
are unaware of HB 153, but that Proposal 105 submitted to the
Board of Game by Mr. Rothe did receive ample review by the
public throughout the state. Virtually everything he has heard
is positive for adding these fragmented lands to the refuge.
School kids have written letters, as have organizations,
individuals, and local advisory committees. He concluded by
reading from remarks made by ADF&G to the Board of Game:
"Adoption of this proposal would not result in significant cost
to the department. Instead, it may result in cost savings by
increasing management efficiency."
2:23:42 PM
CO-CHAIR TALERICO closed public testimony after ascertaining
that no one else wished to testify. He opened committee
discussion on the bill.
2:24:20 PM
REPRESENTATIVE HAWKER inquired as to what ADF&G thinks of the
testimony suggesting there may be additional fragmented lands in
both the eastern and western access areas that ought to be
considered for inclusion in HB 153.
MR. DALE replied that the division and the department have
suggested legislation in the past to include those lands. When
there is inconsistency in land ownership it makes it difficult
for both staff and the public to know where they are at and
which rules apply. Thus, including anything within the boundary
of the refuge would be supported.
REPRESENTATIVE HAWKER asked why that wasn't included in this
particular bill given that legislation has been submitted in the
past.
MR. DALE offered his belief that the proposal submitted to the
Board of Game by Mr. Rothe did not include additional lands and
the board voted on the proposal as written.
BEN MULLIGAN, Legislative Liaison, Special Assistant to the
Commissioner, Office of the Commissioner, Alaska Department of
Fish & Game (ADF&G), confirmed the department has considered
legislation, but explained that Mr. Rothe's proposal was for the
lands that ADF&G knew were firm and had been vetted for knowing
that they are deed restricted. The Interagency Land Management
Agreement (ILMA) lands are still being discussed and are now DNR
general state lands, but ADF&G hasn't reached a point to be
comfortable enough to say yes for certain and go to the sponsor,
but it is definitely a conversation that will be had.
2:26:43 PM
REPRESENTATIVE HAWKER inquired whether ADF&G is comfortable with
those additional lands at this time.
MR. MULLIGAN replied not enough to suggest putting them in now.
The department needs to have an internal conversation and then
talk with the sponsor.
REPRESENTATIVE HAWKER inquired as to what happened with the
previous legislation that had proposed to do just that.
MR. MULLIGAN responded that no legislation had actually been
introduced, Mr. Dale was referencing ADF&G's own internal ideas
and not anything official into the legislature.
2:27:55 PM
CO-CHAIR TALERICO stated his intention to move the bill, noting
that the remarks have been very positive.
2:29:39 PM
REPRESENTATIVE HERRON moved to report Version H, the proposed
committee substitute labeled 29-LS0653\H, Bullard, 3/28/15, out
of committee with individual recommendations and the
accompanying [zero] fiscal note. There being no objection, CSHB
153(RES) was reported from the House Resources Standing
Committee.
The committee took an at-ease from 2:30 p.m. to 2:32 p.m.
^CONFIRMATION(S): Fisherman's Fund Advisory and Appeals Council
CONFIRMATION(S): Fisherman's Fund Advisory and Appeals Council
2:32:56 PM
CO-CHAIR TALERICO announced that the final order of business is
the confirmation hearing for Mr. Donald Stiles, appointee to the
Fisherman's Fund Advisory and Appeals Council.
2:33:33 PM
DONALD STILES, Appointee, Fisherman's Fund Advisory and Appeals
Council, stated he has been a commercial fisherman for nearly 40
years and is interested in serving a second term on the council.
He said he appreciates the gentlemen and staff he works with on
the council and it has been a pleasure serving so far.
2:34:36 PM
REPRESENTATIVE JOSEPHSON asked what the council does.
MR. STILES replied the council reviews medical claims that are
above the $10,000 limit and decides whether a claim is
legitimate. It requires some fishing experience to determine
whether or not the claim is fisheries related. Over the history
of the Alaska Commercial Fishermen's Fund, people have used it
more as their personal insurance and that is not the purpose of
that fund. So, the council's effort is to protect that fund.
REPRESENTATIVE JOSEPHSON inquired whether the Alaska Commercial
Fishermen's Fund is a carve-out of the Alaska Workers'
Compensation law.
REPRESENTATIVE OLSON responded no, it is not.
REPRESENTATIVE SEATON explained that the Alaska Commercial
Fishermen's Fund is a dedicated fund that was established before
statehood. It is comprised of payments made by everyone who is
in commercial fisheries and a portion of those commercial
fishery license fees goes into the fund. The fund ensures that
fishermen injured on the job have recourse and is something like
workers' compensation, but is totally separate.
MR. STILES confirmed that Representative Seaton explained it
correctly.
2:37:14 PM
REPRESENTATIVE HERRON asked what Mr. Stiles' occupational
specialty was while in the U.S. Marine Corps.
MR. STILES answered aviation ordinance.
2:37:32 PM
REPRESENTATIVE TARR inquired whether the committee received the
typical application for this type of appointment or whether the
one-page sheet in the committee packet is all that there is.
CO-CHAIR TALERICO replied that the one-page sheet is all that
has been received. Responding further, he informed
Representative Tarr that this is a reappointment for Mr. Stiles.
2:38:15 PM
REPRESENTATIVE JOSEPHSON commented that there are Jones Act
remedies, workers' compensation, and the fishermen's fund, so he
has a lot of learning to do about how they mesh.
2:38:37 PM
CO-CHAIR TALERICO opened public comment on the reappointment of
Mr. Stiles, then closed it after ascertaining that no one wished
to testify.
2:39:07 PM
REPRESENTATIVE OLSON explained that the Alaska Commercial
Fishermen's Fund applies when there is nothing else there - when
there is not protection, indemnity, or longshoremen or harbor
workers, or anything else in lieu of.
REPRESENTATIVE SEATON said it used to have a cap of $2,500 that
has now been raised to $10,000.
MR. STILES confirmed the cap has been raised to $10,000.
REPRESENTATIVE JOSEPHSON concluded it is the backup to the
backup, the last resort.
2:39:55 PM
REPRESENTATIVE HAWKER noted that moving forward a name to the
joint legislative session for purposes of confirmation does not
reflect the intent of any member on the committee to either
support or not support that appointee at the time of the
legislative session. He moved to advance the name of Mr. Donald
L. Stiles to a joint legislative session for the purpose of
considering his confirmation to the Fisherman's Fund Advisory
and Appeals Council. There being no objection, Mr. Stiles' name
was forwarded.
The committee took an at-ease from 2:40 p.m. to 2:43 p.m.
2:43:08 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:43 p.m.