Legislature(2023 - 2024)BARNES 124
04/26/2024 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB396 | |
| HJR22 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 114 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 22 | TELECONFERENCED | |
| += | HB 396 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 26, 2024
2:01 p.m.
MEMBERS PRESENT
Representative Tom McKay, Chair
Representative George Rauscher, Vice Chair
Representative Thomas Baker
Representative Kevin McCabe
Representative Dan Saddler
Representative Donna Mears
Representative Maxine Dibert
MEMBERS ABSENT
Representative Stanley Wright
Representative Jennie Armstrong
COMMITTEE CALENDAR
HOUSE BILL NO. 396
"An Act establishing a big game guide concession area permit
program on land in the state; relating to the duties of the Big
Game Commercial Services Board, the Board of Game, the
Department of Fish and Game, and the Department of Natural
Resources; requiring the Board of Game to establish an initial
big game guide concession area; and providing for an effective
date."
- MOVED CSHB 396(RES) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 22
Proposing an amendment to the Constitution of the State of
Alaska relating to subsistence use of replenishable natural
resources by state residents; and providing for an effective
date for the amendment.
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 396
SHORT TITLE: DNR BIG GAME GUIDE PERMIT PROGRAM
SPONSOR(s): RESOURCES
04/10/24 (H) READ THE FIRST TIME - REFERRALS
04/10/24 (H) RES, FIN
04/17/24 (H) RES AT 1:00 PM BARNES 124
04/17/24 (H) Heard & Held
04/17/24 (H) MINUTE(RES)
04/24/24 (H) RES AT 1:00 PM BARNES 124
04/24/24 (H) Heard & Held
04/24/24 (H) MINUTE(RES)
04/26/24 (H) RES AT 1:00 PM BARNES 124
BILL: HJR 22
SHORT TITLE: RESIDENT SUBSISTENCE USE OF FISH/GAME
SPONSOR(s): BAKER
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) RES, JUD
03/13/24 (H) RES AT 1:00 PM BARNES 124
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(RES)
03/20/24 (H) RES AT 1:00 PM BARNES 124
03/20/24 (H) Heard & Held
03/20/24 (H) MINUTE(RES)
03/27/24 (H) RES AT 1:00 PM BARNES 124
03/27/24 (H) Heard & Held
03/27/24 (H) MINUTE(RES)
04/17/24 (H) RES AT 1:00 PM BARNES 124
04/17/24 (H) <Bill Hearing Canceled>
04/26/24 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
AZABEL ORDAZ, Staff
Representative Thomas McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained Amendment 2 to HB 396 to
committee members.
CHRISTY COLLES, Director
Division of Mining, Land, & Water
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Answered committee member's questions on
Amendment 2 and 3 to HB 396.
STEVE ST. CLAIR, Staff
Representative Thomas Baker
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave a summary of changes for the Committee
Substitute to HJR 22, on behalf of Representative Baker, prime
sponsor.
JOE FELKL, Legislative Liaison
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: Answered committee questions on HJR 22.
ACTION NARRATIVE
2:01:21 PM
CHAIR MCKAY called the House Resources Standing Committee
meeting to order at 2:01 p.m. Representatives Mears, McCabe,
Baker, and McKay were present at the call to order.
Representatives Saddler, Dibert, and Rauscher arrived as the
meeting was in progress.
HB 396-DNR BIG GAME GUIDE PERMIT PROGRAM
2:01:53 PM
CHAIR MCKAY announced that the first order of business would be
HOUSE BILL NO. 396 "An Act establishing a big game guide
concession area permit program on land in the state; relating to
the duties of the Big Game Commercial Services Board, the Board
of Game, the Department of Fish and Game, and the Department of
Natural Resources; requiring the Board of Game to establish an
initial big game guide concession area; and providing for an
effective date."
2:02:47 PM
The committee took an at-ease from 2:02 p.m. to 2:04 p.m.
2:04:58 PM
REPRESENATIVE BAKER moved to adopt Amendment 1 to HB 396,
labeled 33-LS1546\A.2, Bullard, 4/18/24, which read as follows:
Page 4, line 6:
Delete "what was"
Page 5, line 4, following "process.":
Insert "The department shall establish permit
standards and scoring criteria, but may not provide
that a permit be issued based on the highest bid
amount."
Page 5, line 5, following "time":
Insert "for state land issued under this
subsection"
Page 6, lines 24 - 25:
Delete all material.
Page 6, line 26:
Delete "(B)"
Page 7, lines 1 - 2:
Delete all material.
Page 7, line 3:
Delete "(B)"
CHAIR MCKAY objected for the purpose of discussion.
2:05:08 PM
REPRESENATIVE BAKER explained Amendment 1 to the committee,
stating that it would ensure big game guide concession areas are
based off current guide use area boundaries, prevent big game
guide concession permits from going to the highest bidder, and
assert protections for assistant guides. He expounded that
preventing highest bidders from buying permits would prevent
out-of-state firms from cutting out local guides, and that
limiting assistant guides works against the way guiding is
taught and makes it more difficult for guiding clients with
physical disabilities.
2:06:40 PM
CHAIR MCKAY removed his objection. There being no further
objection, Amendment 1 was adopted.
2:07:23 PM
CHAIR MCKAY moved to adopt Amendment 2 to HB 396, labeled 33-
LS1546\A.4, Bullard, 4/14/24, which read as follows:
Page 4, line 9:
Delete "AS 38.05.022(i)"
Insert "AS 38.05.022(j)"
Page 4, line 13:
Delete "AS 38.05.022(i)"
Insert "AS 38.05.022(j)"
Page 6, following line 17:
Insert a new subsection to read:
"(i) In issuing a full big game guide concession
area permit or limited big game guide concession area
permit under this section, the commissioner, in
consultation with the Big Game Commercial Services
Board established under AS 08.54.591, the Board of
Game, the Department of Fish and Game, and affected
Alaska Native corporations, if any, shall consider
each applicant's professional history and reputation,
in addition to other applicable criteria in the
process required by (c) of this section."
Reletter the following subsection accordingly.
Page 8, line 3:
Delete "AS 38.05.022(i)"
Insert "AS 38.05.022(j)"
Page 8, line 6:
Delete "AS 38.05.022(i)"
Insert "AS 38.05.022(j)"
REPRESENTATIVE SADDLER objected for the purpose of discussion.
2:07:30 PM
CHAIR MCKAY explained that Amendment 2 was drafted to specify
Alaskan Native representation when issuing either a full or
limited big game guide concession area permit and invited Azabel
Ordaz to further explain Amendment 2.
2:08:02 PM
AZABEL ORDAZ, Staff, Representative Thomas McKay, Alaska State
Legislature, explained that Amendment 2 relettered multiple
sections to ensure definitions are at the end of subsections and
summarized that the amendment works toward the program's purpose
of stewardship, community engagement, and social license and
gives affected Alaska Native corporations the opportunity to
provide input on guide applicants' histories. She added that
the amendment is supported by the Alaska Federation of Natives
(AFN).
2:09:44 PM
REPRESENTATIVE SADDLER asked how consultation would take place
as it is required under the proposed amendment.
2:09:56 PM
CHAIR MCKAY directed the question to Christy Colles.
2:10:17 PM
CHRISTY COLLES, Director, Division of Mining, Land, & Water,
Department of Natural Resources (DNR), offered her understanding
that the Department would share the received applications with
the required Alaska Native corporations and consult on who would
be the appropriate guide to select. She said that Amendment 2
is concerning to DNR because it gives preference to Alaska
Native corporations in determining who may hold a big game guide
concession area permit. She stated that DNR does not support
the amendment as written but supports continuing the
conversation on consultation with stakeholders.
2:11:15 PM
CHAIR MCKAY [moved to withdraw] Amendment 2. [There being no
objection, Amendment 2 was withdrawn.]
2:11:41 PM
REPRESENTATIVE MEARS moved to adopt Amendment 3 to HB 396,
labeled 33-LS1546\A.1, Bullard, 4/18/24, which read as follows:
Page 5, line 26:
Delete ";"
Insert "."
Page 5, lines 27 - 28:
Delete all material.
CHAIR MCKAY objected for the purpose of discussion.
2:11:54 PM
REPRESENTATIVE MEARS explained that Amendment 3 would remove
language that reduces fees based on a concession permit holder's
promotion and adherence to the provisions under HB 396. She
appreciated the idea of rewarding good behavior but claimed
"good guy discounts" were not appropriate as they are not done
elsewhere.
2:12:56 PM
The committee took an at-ease from 2:12 p.m. to 2:13 p.m.
CHAIR MCKAY removed his objection.
The committee took an at-ease from 2:13 p.m. to 2:13 p.m.
2:13:46 PM
MS. COLLES supported Amendment 3 and said it would be difficult
to manage the discounts or rewards for "good behavior" as
defined under HB 396.
2:14:48 PM
REPRESENTATIVE announced that there being no further objection,
Amendment 3 was adopted.
2:15:07 PM
REPRESENTATIVE MCCABE moved to report HB 396, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 396(RES) was
reported out of the House Resources Standing Committee.
2:15:50 PM
The committee took an at-ease from 2:15 p.m. to 2:19 p.m.
HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME
2:19:05 PM
CHAIR MCKAY announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 22 "Proposing an amendment to the
Constitution of the State of Alaska relating to subsistence use
of replenishable natural resources by state residents; and
providing for an effective date for the amendment."
CHAIR MCKAY added that the committee would be reviewing an
upcoming Committee Substitute for HJR 22, labeled 33-LS1321\R,
Bullard, 4/18/24, [adopted by the committee on 5/3/24.]
2:20:11 PM
REPRESENATIVE BAKER, as prime sponsor of HJR 22, said that his
office has been doing outreach with stakeholders and groups and
working with different entities to make sure everything is okay.
2:20:59 PM
STEVE ST. CLAIR, Staff, Representative Thomas Baker, Alaska
State Legislature, on behalf of Representative Baker, prime
sponsor, read the summary of changes for the upcoming Committee
Substitute for HJR 22 which read as follows [original
punctuation provided]:
This committee substitute makes two language changes,
deletes a small portion, and inserts language from
Alaska National Interests Conservation Act (ANILCA)
sec. 801.
Page 1, Line 8 The word "may" was replaced with
"shall" to strengthen the language and make it
required and not optional.
Page 1, Line 9 For clarity the word "rural" was
inserted after the word "among". This identifies the
major focus of the legislation, rural residents.
Page 1, Line 11 Changing "or" to "and" clarifies the
criteria for the application of this legislation.
Page 1, Line 11 This change was to clarify the
legislature's responsibility. After the word
"resources" and the next three lines were deleted and
"The legislature shall limit other beneficial uses of
replenishable resources to protect subsistence use of
the resource" was added.
Page 1, Line 13 To ensure this legislation is in line
with ANILCA, a portion of Sec. 801 was inserted
"Providing the rural residents of the State, Alaska
Native and Non-Alaska Native alike, the opportunity to
harvest replenishable resources in the State's public
domain, where Alaska Natives have traditionally
harvested renewable resources for subsistence use, is
essential to the physical, economic, and traditional
existence of the State's rural residents, the social
existence of the State's non-Alaska Native rural
residents, and the cultural existence of the State's
Alaska Native rural residence."
2:22:56 PM
REPRESENTATIVE RAUSCHER asked where the information relating to
the Alaska Department of Fish & Game's (ADF&G) regulatory
changes would go if HJR 22 were to pass.
2:23:54 PM
JOE FELKL, Legislative Liaison, Alaska Department of Fish &
Game, in response to Representative Rauscher, admitted that he
would not be able to answer his question at this time.
2:24:37 PM
REPRESENTATIVE RAUSCHER restated his question and asked where a
hunter or angler could access information related to any changes
in the [Federal Subsistence Management Regulations for the
Harvest of Wildlife on Federal Public Lands in Alaska] or Alaska
Hunting Regulations books if HJR 22 were to pass.
2:24:54 PM
MR. FELKL attested that there would need to be additional
statutory changes to clarify that question.
2:25:06 PM
REPRESENATIVE BAKER, in response to Representative Rauscher,
clarified that this resolution would amend the constitution of
the State of Alaska, which would lay the groundwork for any
proposed statutory change Representative Rauscher is referring
to.
2:25:54 PM
REPRESENTATIVE SADDLER asked what the state's current statutory
ability to manage subsistence use resources is.
2:26:20 PM
MR. FELKL replied that there is currently statutory authority
providing for a subsistence priority that separates subsistence
and non-subsistence use areas of harvest.
2:26:48 PM
REPRESENTATIVE SADDLER pronounced he wouldn't vote on HJR 22
until he hears back from ADF&G.
2:27:07 PM
CHAIR MCKAY said his office is waiting for further input from
stakeholders and is not trying to rush this legislation through
at the end of session.
2:27:38 PM
REPRESENTATIVE SADDLER asked for a definition of replenishable
natural resources.
2:27:52 PM
MR. FELKL replied he would include that answer in ADF&G's
written response to the current committee meeting.
2:28:01 PM
REPRESENATIVE BAKER remarked that the term "replenishable
resources" refers to fish and game.
2:28:46 PM
CHAIR MCKAY announced that HJR 22 was held over.
2:28:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:29 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHJR 22(BLANK) - 33-LS1321R.pdf |
HRES 4/26/2024 1:00:00 PM |
HJR 22 |
| HJR 22 Summary of Changes.pdf |
HRES 4/26/2024 1:00:00 PM |
HJR 22 |
| HB396 A.2.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB 396 A.4.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB 396 Letters of Support Updated 4.25.24.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB 396 Letter of Opposition 4.25.24.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB396 AM1.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB 396 AM2.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |
| HB 396 AM3.pdf |
HRES 4/26/2024 1:00:00 PM |
HB 396 |