05/02/2006 01:30 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB85 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 85 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE TRANSPORTATION STANDING COMMITTEE
May 2, 2006
1:33 p.m.
MEMBERS PRESENT
Representative Jim Elkins, Co-Chair
Representative Carl Gatto, Co-Chair
Representative Vic Kohring
Representative Mark Neuman
Representative Mary Kapsner
Representative Woodie Salmon
MEMBERS ABSENT
Representative Bill Thomas
COMMITTEE CALENDAR
SENATE BILL NO. 85
"An Act repealing the ban on the use of certain off-road
vehicles within five miles of the right-of-way of the James
Dalton Highway; and providing for an effective date."
- FAILED TO MOVE SB 85 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 85
SHORT TITLE: OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
SPONSOR(s): SENATOR(s) SEEKINS
01/31/05 (S) READ THE FIRST TIME - REFERRALS
01/31/05 (S) TRA, RES
02/08/05 (H) TRA AT 1:30 PM CAPITOL 17
02/08/05 (S) Scheduled But Not Heard
02/15/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/15/05 (S) Heard & Held
02/15/05 (S) MINUTE(TRA)
02/17/05 (S) TRA AT 1:30 PM BUTROVICH 205
02/17/05 (S) Moved SB 85 Out of Committee
02/17/05 (S) MINUTE(TRA)
02/18/05 (S) TRA RPT 3DP 1DNP
02/18/05 (S) DP: HUGGINS, COWDERY, THERRIAULT
02/18/05 (S) DNP: FRENCH
03/21/05 (S) RES AT 3:30 PM BUTROVICH 205
03/21/05 (S) Heard & Held
03/21/05 (S) MINUTE(RES)
04/08/05 (S) RES AT 3:30 PM BUTROVICH 205
04/08/05 (S) Heard & Held
04/08/05 (S) MINUTE(RES)
04/11/05 (S) RES AT 3:30 PM BUTROVICH 205
04/11/05 (S) Moved SB 85 Out of Committee
04/11/05 (S) MINUTE(RES)
04/12/05 (S) RES RPT 2DP 1DNP 4NR
04/12/05 (S) LETTER OF INTENT WITH RES REPORT
04/12/05 (S) NR: WAGONER, GUESS, DYSON, STEDMAN
04/12/05 (S) DP: SEEKINS, STEVENS B
04/12/05 (S) DNP: ELTON
10/10/05 (S) RES AT 6:30 PM NOME
10/10/05 (S) <Pending Referral>
10/11/05 (S) RES AT 6:30 PM Fairbanks
10/11/05 (S) <Pending Referral>
10/12/05 (S) RES AT 6:30 PM Coldfoot
10/12/05 (S) <Pending Referral>
10/14/05 (S) RES AT 2:00 PM Barrow
10/14/05 (S) <Pending Referral>
10/15/05 (S) RES AT 3:00 PM Chugiak
10/15/05 (S) <Pending Referral>
02/09/06 (S) TRANSMITTED TO (H)
02/09/06 (S) VERSION: SB 85
02/10/06 (H) READ THE FIRST TIME - REFERRALS
02/10/06 (H) TRA, RES
03/05/06 (H) TRA AT 1:30 PM CAPITOL 17
03/05/06 (H) -- Meeting Canceled --
05/02/06 (H) TRA AT 1:30 PM CAPITOL 17
WITNESS REGISTER
SENATOR RALPH SEEKINS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 85 as the sponsor.
EDWARD ITTA, Mayor
North Slope Borough
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
GLENN VILLENEUVE
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
JULIE RAYMOND YAKOUBIAN
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
RANDY MAYO, First Chief
Stevens Village Tribal Council
President, Dinyee Native Corporation
POSITION STATEMENT: Testified in opposition to SB 85.
ROD ARNO, Director
Alaska Outdoor Council
POSITION STATEMENT: Testified in support of SB 85.
WILLIAM PEARSON
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
KATE PEARSON
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
BRIAN PERSON, Wildlife Biologist
Department of Wildlife Management
North Slope Borough
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
EARL FINKLER, Planner
North Slope Borough
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
FRAN MAUER
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
REBECCA BAILEY, Tour Guide
Dalton Highway
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
KAARLE STRAILEY
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
MARY SHIELDS
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
TAQULIK HEPA, Director
Department of Wildlife Management
North Slope Borough
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
JOHNNY L. AIKEN, Director
Planning Department
North Slope Borough
Barrow, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
SEPP HERRMANN
(No address provided)
POSITION STATEMENT: Testified in opposition to SB 85.
DARIN MARKWARTT
(No address provided)
POSITION STATEMENT: Testified in opposition to SB 85.
THOR STACEY
Wiseman, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
HEIDI SCHOPPENHORST
Wiseman, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
LUPITA HENRY
Point Lake, Alaska
POSITION STATEMENT: Testified in opposition to SB 85.
BRIAN HOVE, Staff
to Senator Ralph Seekins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided comments on behalf of the sponsor
of SB 85.
ACTION NARRATIVE
CO-CHAIR CARL GATTO called the House Transportation Standing
Committee meeting to order at 1:33:33 PM. Representatives
Elkins, Gatto, Kohring, Neuman, Kapsner, and Salmon were present
at the call to order. Representative Joule was also in
attendance.
SB 85-OFF-ROAD VEHICLE USE ON DALTON HIGHWAY
CO-CHAIR GATTO announced that the only order of business would
be SENATE BILL NO. 85, "An Act repealing the ban on the use of
certain off-road vehicles within five miles of the right-of-way
of the James Dalton Highway; and providing for an effective
date."
REPRESENTATIVE KAPSNER asked the sponsor of SB 85 if his
dealership sells off-road vehicles (ORV).
SENATOR RALPH SEEKINS, Alaska State Legislature, sponsor of SB
85, said yes, but not under the definition of the Bureau of Land
Management (BLM), which means vehicles that are 1,500 pounds or
less.
The committee took an at-ease from 1:34:49 p.m. to 1:41:49 p.m.
1:41:51 PM
SENATOR SEEKINS said only one road exists north of the Yukon
River-the James Dalton Highway, and current law prohibits the
use of ORVs within five miles of the highway starting at mile 57
all the way to the Arctic Ocean. He said that distance is equal
to the road between Anchorage and Fairbanks. Therefore, he
opined, the average Alaskan can't recreate "on tens of millions
of acres of public lands that would otherwise be open to their
use." He said SB 85 will remove the prohibition on that five-
mile right-of-way. Landowners can then develop and implement
land use plans, he stated. Campgrounds and cabins could be
built while protecting sensitive areas, and multiple user-groups
could coexist, he said. The Bureau of Land Management (BLM)
already has turnouts, restrooms, and visitor centers to
accommodate increased public interest in this part of Alaska.
He said BLM has already prepared a management plan "waiting for
the state to remove the outdated ban on off-road vehicles." He
added that by dropping the ban, state agencies could continue
doing valuable research without violating the law. "Current law
essentially requires that you be either wealthy enough to fly or
healthy enough to walk into the vast areas of public lands north
of the Yukon River."
1:45:47 PM
CO-CHAIR GATTO said it is important to identify that Senator
Seekins owns an automobile dealership.
SENATOR SEEKINS said he has no conflict of interest because the
definition of an ORV is a snow machine or a four-wheeler. He
said he sells cars and trucks. "We don't sell off-road vehicles
if you define them as snow machines or four-wheelers or any of
those others." He has taken in an occasional ORV trade-in.
1:47:45 PM
SENATOR SEEKINS said the Dalton Highway was built in 1974 as a
pipeline construction and service road, and was called "the haul
road". The road starts at Livengood and ends at Deadhorse,
measuring just over 400 miles in length. The distance between
the Yukon River and Deadhorse is about 360 miles, and that
portion is closed, by state law, to all recreational off-road
vehicle use within 5 miles of the road right-of-way. The road
became a public highway in 1991, he stated, and it was named
after an oil engineer.
1:50:39 PM
SENATOR SEEKINS said almost all the land along the route is
public land. There are two different land managers, and BLM
manages 2.1 million acres along the corridor. He noted that the
Department of Natural Resources (DNR) manages "tens of millions
of acres of lands north of Atigun Pass. The Yukon River Bridge
is at milepost 56, and the span is 2,290 feet--the only bridge
crossing the Yukon River. The visitor contact station is
located within a few dozen feet of the north side of the bridge,
he noted, where visitors can pick up BLM Dalton Highway
information and see the Trans-Alaska Pipeline System
interpretive station. He spoke of lodging and many airstrips
along the highway. There are many pull-outs along the Dalton
Highway, and at 42 mile there is an all-weather outhouse.
1:53:52 PM
SENATOR SEEKINS said there are many access gates crossing the
pipeline right-of-way. The Arctic Interagency Visitor Center is
in Coldfoot and jointly operated by BLM, the U.S. Fish and
Wildlife Service, and the National Park Service. He showed the
Brooks Range foothills. The pipeline is easily accessible along
its 800-mile length, he said. If someone wanted to damage the
pipeline, he/she doesn't have to use a snow machine, he stated.
The Marion Creek Campground is 180 miles north of the bridge.
The Chandalar Camp is located four miles inside the North Slope
Borough, he noted, and not many people are going to drive that
far to recreate. Atigun Pass summit is the highest highway pass
in Alaska. The Institute of Arctic Biology field station is
located 40 miles north of Atigun Pass. He said caribou seem to
co-exist with the pipeline "fairly well."
1:57:32 PM
SENATOR SEEKINS said he considered science and research, fish
and game, safety and security when creating SB 85. The Toolik
Field Station is located on the north side of the Brooks Range,
370 miles from Fairbanks, and BLM has expressed its intent to
close the areas surrounding the field station from any off-road
vehicle use. "No one wants to intrude on that," he said. The
Boards of Fish and Game will address methods, means, seasons and
bag limits to conserve the fish and game populations from over-
harvest - just as they do in all other areas of the state. Bow
hunting within the corridor is not threatened because the time
that ORVs will arrive north of Atigun Pass, the hunting season
will be closed. Safety and security services will expand
proportional to demand, just as in other areas of the state, he
stated. There is no greater threat to the pipeline north of the
Yukon River than there is south of it. "More eyes on the pipe
is better security," he opined. The public should have access
to public lands, he stated, but not unfettered access. It is
not true that SB 85 will allow "hummers to go tearing across the
tundra." He said SB 85 has a delayed effective date so that BLM
and DNR will be prepared. He said DNR will not open any of the
state land north of Atigun Pass to wheeled vehicles, but only to
snow machines after adequate snow cover.
2:01:54 PM
SENATOR SEEKINS said one of the dangers about having a four-
wheeler truck instead of a two-wheeler and going off road is
that "you just need a longer cable to pull you out." He said,
"BLM has said that wheeled vehicles will be used where it's
appropriate-on hardened trails, on areas where they're not going
to do environmental damage." Summer use of ORVs will be
restricted to designated trails. Half of Alaska lies north of
the Yukon River, and there are millions of acres of public lands
on both sides of the Dalton Highway. SB 85 takes effect 12
months after it is signed into law, and both BLM and DNR have
indicated the 12-month delay is enough to develop and implement
land use plans. SB 85 will repeal AS 19.40.210. He has
toured the highway with BLM, Alyeska and state officials, and he
consulted with DNR, Alaska Department of Fish & Game, and the
University of Alaska at Fairbanks, and he heard no substantive
arguments against allowing public access to public lands.
2:05:35 PM
REPRESENTATIVE KAPSNER asked if he said he heard no substantive
reasons to keep it closed.
SENATOR SEEKINS said the key word is "substantive". He said
there is no great threat that he can see. He said he has heard
lots of reasons why people shouldn't be allowed to go there.
REPRESENTATIVE KAPSNER asked him to define substantive.
SENATOR SEEKINS said he means "nothing that I think is so
compelling that we should not allow reasonable recreational
access to public lands." He said the protections are there, but
he hears people say, "we don't want anybody else coming up here;
this is our part of Alaska; we don't want other folks to be able
to do what we do up here." He read in the newspaper that [SB
85] would destroy hunting, but he checked with the Board of Game
and the dire predictions don't exist. "They're still not going
to allow people to drive out there with off-road vehicles to be
able to harvest or transport those animals." He spoke of
various management strategies in the state. He said he heard
people say that [SB 85] will threaten the caribou that go
through Anaktuvuk Pass, but the caribou along the highway are
among the Central Arctic Herd. "The management systems that are
in place in other parts of the state...are adequate to be able
to protect those values, at the same time making recreational
use available."
2:09:14 PM
REPRESENTATIVE NEUMAN asked how management plans will be
developed for the area.
SENATOR SEEKINS said it will be a standard public process with
hearings and public comments. The DNR process won't take long
"because they're just going to say no wheeled vehicles, and snow
machines will be allowed when we have adequate snow cover and
adequate freeze levels." He noted that BLM has a regular
process that will take four to six months, as long as it works
within budget allocations.
2:12:43 PM
CO-CHAIR GATTO turned to public testimony.
2:13:19 PM
EDWARD ITTA, Mayor, North Slope Borough, testified in opposition
of SB 85. Opening up the corridor to anyone and everyone is
wrong "in terms of history and subsistence protection and land
management practices and security and public safety." The road
was built as an industrial supply road. It was the first road
to the North Slope, "and our people were naturally very nervous"
about its impact on subsistence traditions. In response the
state committed itself to manage the road in partnership with
the North Slope Borough, he said. "The spirit of that agreement
was very important to us. It was the state's promise to limit
use and limit impacts." His people have a lot to lose and they
expect the state to honor the partnership formed when the haul
road was built.
CO-CHAIR GATTO asked him to finish in 15 seconds.
MAYOR ITTA said, "I think the half hour that you gave the bill's
sponsor is very unfair ... I urge you not to pass this bill
because it's just not right." He said his borough has been
partners with the state and the industry, "and for certain
sponsors of these bills that kindly forget this, I think they
need to be reminded that partnerships are a two-way street."
2:17:09 PM
GLENN VILLENEUVE said he lives part of the year in the Brooks
Range with a subsistence life style. He said SB 85 would
devastate his way of life there. He said the fish limit has
declined because of so much pressure on the fish. Thousands of
people visit the region every year, by foot, plane, dog team,
snow machine and boat. The lake trout can't be taken along the
road any more. Under SB 85 people will be able to take a short
four-wheeler ride and get up to many lakes where people have
been fishing for food for thousands of years, "and in a very
short time all you're going to be able to do there is play with
the fish."
REPRESENTATIVE NEUMAN asked if Alaska's resources belong to
everybody equally.
MR. VILLENEUVE replied yes, but pointed out that people use and
access the resources differently. Fish grow much more slowly up
north, and there needs to be less pressure on them.
CO-CHAIR GATTO interjected that is why the bag limit has been
reduced and catch-and-release has be instituted.
2:21:05 PM
JULIE RAYMOND YAKOUBIAN said she hopes that the committee has
seen the transcripts from hearings on this issue that were held
in Fairbanks, where people were overwhelmingly opposed to SB 85.
She said she has worked and recreated in the area and
appreciates the lack of motorized vehicles. With only one
officer to enforce rules, it will be impossible to monitor off-
road activity in the corridor. It has the potential to be an
impact to tourism and an environmental disaster. The tundra is
too fragile to handle ORVs. She said cultural sites will be
exposed to harm. There are no provisions in the bill to address
any of these concerns and the costs associated with them, she
concluded.
2:23:00 PM
RANDY MAYO, First Chief, Stevens Village Tribal Council, said he
is also the President of the Dinyee Native Corporation, which is
a major landowner of adjacent property. He testified in
opposition to SB 85. His community is 20 miles from the
highway, and the impacts of the highway continue. "Rules and
regs are fine, but if there's no enforcement out here, then
they're meaningless." He said there is hardly a presence of any
state enforcement in the area. He said the entire year can pass
when only one or two rangers are seen to drive up and down the
road.
CO-CHAIR GATTO surmised that Mr. Mayo's most important concern
is the presence of public safety officials.
MR. MAYO said there is no mention of a fiscal note attached to
this bill, so how can there be patrols "of this huge area?" He
said there might be pullouts, "but you're basically on your
own."
CO-CHAIR GATTO asked if cell phones work.
MR. MAYO replied no; the last communication contact is about 30
miles from Fox.
2:26:51 PM
ROD ARNO, Director, Alaska Outdoor Council, said he supports SB
85 and the common use clause of Alaska's constitution. Earlier
restrictions on access to protect industrial development no
longer seem necessary, he said. The extended planning period
will ensure appropriate regulations, and the council would like
to be involved in the planning, he said.
2:28:21 PM
CO-CHAIR GATTO requested his written statement.
WILLIAM PEARSON said he was born and raised in Fairbanks and he
is a sheep hunter. He noted that SB 85 "is a naked opening to
the Dalton Highway without any legislative scheme." He said
there is no knowledge of the implementation of the bill.
KATE PEARSON said she is not a hunter but believes there is
value to non-motorized areas. Currently, the corridor allows
for hiking and camping in a place free from motorized noises,
where wildlife has not been spooked, and where the landscape
remains unscarred by rutted ORV trails. That experience cannot
be replaced, she concluded.
2:29:38 PM
BRIAN PERSON, Wildlife Biologist, Department of Wildlife
Management, North Slope Borough, said the sponsor of SB 85
purports to offer responsible public access while in actuality
this legislation will remove the benefit that Alaskans are
provided by the existing five-mile corridor. Allowing off-road
vehicle use will disrupt hunting opportunities to bow and sport
hunters who desire the challenge of a hunt under the current
regulations. He said people can access the land in the corridor
by foot, ski, dogsled, aircraft, and boat. The result of off-
road vehicle use is likely going to result in shorter hunting
seasons and bag limits for all user groups. He noted that the
opposition to SB 85 has fallen on deaf ears. He urged a stop to
this legislation, which will increase conflicts between user
groups including subsistence users. He said low-income hunters
can hunt without competing with those who can afford ORVs.
2:32:19 PM
EARL FINKLER, Planner, North Slope Borough, said he was the
planner in the 1970s when the legislature was struggling with
this issue as it opened the road over local objections from
indigenous people from up and down the corridor. The
restrictions were put in with wisdom and there are no compelling
arguments for overturning them. Opening up the corridor with a
zero-dollar fiscal note is poor planning and poor management.
He said he is the northern Vice President of Alaska Chapter of
the American Planning Association, which has opposed this,
citing the borough's long planning efforts. He said local plans
and policies should be respected.
2:34:27 PM
FRAN MAUER said he worked and hiked off the Dalton Highway for
many years. When the highway was completed, there were already
solid reasons for limiting ORVs, which cause significant impacts
to soil, water, and vegetation. That body of evidence has grown
substantially, he said. He said BLM lands in the White
Mountains National Recreation area are currently under an ATV
management plan that has failed. He noted that BLM is trying to
deal with the damage. Even lands managed under the National
Park Service have seen significant damage done by ORVs. He
explained that SB 85 is inappropriate because it ignores the
historic record of damage, and it is at odds with Alaska's
constitution requiring sustainable resource use.
2:36:47 PM
REBECCA BAILEY, Tour Guide, urged the committee to think about
this issue from a larger perspective. She said she is a tour
guide along the highway, and she has been telling the story of
pipeline development for four years and watching how visitors to
Alaska change their perception of resource development in
Alaska. She said Alaska residents will benefit from responsible
resource development of oil and gas more if visitors see
responsible development. If Alaska lifts the ban, it will send
the message that it can't be responsible.
2:39:10 PM
KAARLE STRAILEY said he hikes and bikes along the corridor.
There is plenty of access now and the bill is irresponsible. He
said there are 240 miles of no facilities, only one state
trooper, and he encouraged the committee to vote against SB 85.
2:40:50 PM
MARY SHIELDS said hearings on this bill had 44 in opposition and
only one person in favor. She said Senator Seekins should
remember that his constituents have given him clear direction on
the bill. She remembers when the haul road was approved and the
five-mile buffer zone was implemented. Global climate change is
profoundly affecting Alaska and Senator Lisa Murkowski said to
take action against it. The research station at Toolik has
climate change data, and there will be no enforcement to make
sure ORVs don't cause a problem there. Deep ORV ruts are
destroying trails in Fairbanks. She wondered if Senator Seekins
showed images of the deep ORV ruts on the sides of the trail.
Visitors seeing that would be very disappointed, she opined.
2:43:21 PM
TAQULIK HEPA, Director, Department of Wildlife Management, North
Slope Borough, said she is concerned about the impact SB 85 will
have on subsistence uses, especially for the communities of
Anaktuvuk Pass, Nuiqsut, and Kaktovik. The bill will cause a
dramatic increase in hunters and "recreationists." Increases in
hunting and motorized traffic to the west of the highway will
have a devastating impact on fall migration harvests for
Anaktuvuk Pass. "These are the last nomadic people of Alaska
and have a lifestyle that is heavily dependent on the
subsistence harvest of the terrestrial mammals, with caribou
being the most important," she highlighted. If the caribou are
unavailable and other mammals such as moose, sheep, and musk ox
are heavily regulated, the community will be very impacted.
"How are the residents of the North Slope supposed to adequately
express their concerns and report conflicts when they occur?
The state's local fish and game advisory committee has been
inactive since 1990, "and we've urged the fish and game
officials to reactivate the two advisory councils." She was
told it is unlikely due to budget constraints. It is important
to remember the original intent of the Dalton Highway, and she
noted the long history of these types of promises being broken.
2:46:37 PM
JOHNNY L. AIKEN, Director, Planning Department, North Slope
Borough, said he strongly opposes SB 85, which does not benefit
local, state, or federal interests. He said he had seven points
to present, but the Co-Chair told him to mail his testimony.
2:48:17 PM
SEPP HERRMANN, Trapper, said he traps with a dog team in the
Brooks Range and Alaska Range. He has seen what ORVs can do to
the trails: three-foot-deep mud ditches. Furthermore, in the
last 25 years the game populations have declined due to
commercial trophy hunting and allowing ORVs would be totally
inappropriate, he concluded. He stated that he is opposed to SB
85.
2:51:13 PM
MAYOR ITTA related that it's not just increased harvest that
worries subsistence users. He mentioned that one inexperienced
hunter can scare the migration away and place an entire village
at risk. He then related that a well-enforced management plan
can make a big difference in protecting the animals and the
subsistence hunters, but any talk of a management plan under SB
85 is "a lot of hot air." He opined that one can't plan for
impacts or enforce a legitimate plan without spending money and
thus the zero fiscal notes from all agencies seems to relate a
clear message from the sponsor. He suggested that the sponsor's
message is that planning and management issues by this
legislation aren't worth any funding. Although the old BLM
management plan that has been promoted as a solution may be a
good start, it's only the outline of a plan. Much more work is
necessary, and moreover without enforcement no management can
occur. He pointed out that the state will continue to have one
state trooper for the entire length of the highway and one ADF&G
officer for the entire North Slope. The aforementioned
enforcement won't be able to handle the increased traffic from
SB 85. Mayor Itta opined that the result of SB 85 will be more
hunting, more violations, damaged habitat, and less enforcement.
He further opined that this legislation isn't responsible public
policy. He then mentioned the pipeline security. Mayor Itta
emphasized that he is merely asking for respect for the
subsistence heritage and protection of the wildlife and habitat
upon which subsistence depends. Therefore, Mayor Itta expressed
hope that this committee will honor the partnership the state
made with the North Slope almost 30 years ago and continue to
work on developing the resources while protecting the
subsistence traditions.
2:57:20 PM
DARIN MARKWARTT informed the committee that he was born and
raised in Alaska and has hiked and hunted extensively in the
Talkeetna and Chugach range. He said that he has seen the
damage created by ORVs first-hand. Furthermore, ORVs have
turned the Talkeetna Mountains into an elitist hunting area
where one can only take a sheep if she/he has a plane to spot it
and an ORV to go back into the mountains. With regard to
Representative Neuman's earlier question regarding whether
resources belong to all Alaskans, Mr. Markwartt emphasized his
belief that the answer is yes and added that they also belong to
future generations. He opined that the Brooks Range is the last
place in Alaska where one can hunt in the old Alaska style, on
foot. In conclusion, Mr. Markwartt reminded the committee that
former governor Jay Hammond would ask the following before
implementing any resource policy: does the project pay for
itself; is the public for it; and is the project environmentally
sound. On all three aspects, this project fails, he opined.
2:58:32 PM
THOR STACEY informed the committee that he makes his living in
Wiseman, Alaska, as a registered hunting guide, subsistence
hunter and trapper. Mr. Stacey opined that the existing land
management plan is effective in its exclusion of off-road
vehicle use. He highlighted that all caribou herds accessible
by road with off-road vehicles are currently under intensive
management. Furthermore, passage of SB 85 would allocate the
resource and its use to a dominant user group, excluding
traditional access methods. Under the current plan, orderly and
sustainable growth is occurring and is improving the access to
the general public. This particular access via ORVs goes
against the aforementioned goals because the land north of the
Yukon River is different in that it's low productive, cold,
sparse animal populations, and sensitive natural terrain. Mr.
Stacey specified his opposition to SB 85, which he said is the
sentiment of most Alaskans.
3:00:17 PM
HEIDI SCHOPPENHORST testified in opposition of SB 85, and noted
that she has submitted written testimony.
3:01:48 PM
LUPITA HENRY testified in opposition to SB 85, adding that it
will impact the caribou migration.
CO-CHAIR GATTO announced the closure of public testimony.
3:02:52 PM
REPRESENTATIVE SALMON highlighted that of the approximately 20
testifiers, all but one testified in opposition to SB 85. The
aforementioned speaks for itself, he opined.
REPRESENTATIVE NEUMAN related that it's becoming more and more
difficult to find places to recreate in Alaska, although he
suggested that certain areas should be protected. He indicated
the need to balance both sides of this issue.
3:05:10 PM
REPRESENTATIVE KAPSNER acknowledged that the use of ORVs is
working in the Mat-Su Valley, but she pointed out that the
terrain is very different above the Arctic Circle.
3:06:01 PM
BRIAN HOVE, Staff to Senator Ralph Seekins, Alaska State
Legislature, speaking on behalf of the sponsor, acknowledged
that there has been a lot of opposition to this legislation.
However, he said that the sponsor hasn't rounded up all the
supporters that could come in and testify in support of SB 65.
Furthermore, this legislation doesn't merely allow the use of
ORVs but rather it allows the land use managers charged with
ensuring the land resource is managed responsibly to implement
plans. Mr. Hove said that the sponsor isn't advocating that the
area be opened up "willy-nilly" for ORVs.
3:07:53 PM
CO-CHAIR ELKINS moved to report SB 85 out of committee with
individual recommendations and the accompanying zero fiscal
notes.
REPRESENTATIVE KAPSNER objected.
3:08:12 PM
A roll call vote was taken. Representatives Neuman and Gatto
voted in favor of reporting SB 85 out of committee.
Representatives Kapsner, Salmon, and Elkins voted against it.
Therefore, SB 85 failed to be reported out of committee by a
vote of 2-3.
3:08:49 PM
ADJOURNMENT
There being no further business before the committee, the House
Transportation Standing Committee meeting was adjourned at 3:08
p.m.
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