Legislature(1995 - 1996)

03/10/1995 03:47 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                         March 10, 1995                                        
                           3:47 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Loren Leman, Chairman                                                 
 Senator Drue Pearce, Vice Chairman                                            
 Senator Steve Frank                                                           
 Senator Lyman Hoffman                                                         
                                                                               
  COMMITTEE MEMBERS ABSENT                                                     
                                                                               
 Senator Rick Halford                                                          
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR SENATE BILL NO. 16(CRA)                                                
 "An Act relating to the University of Alaska and university land,             
 authorizing the University of Alaska to select additional state               
 public domain land, and defining net income from the University of            
 Alaska's endowment trust fund as 'university receipts' subject to             
 prior legislative appropriation."                                             
                                                                               
 SENATE BILL NO. 77                                                            
 "An Act relating to intensive management of identified big game               
 prey populations."                                                            
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
 SB 16 - See Community & Regional Affairs minutes dated                        
     2/20/95.                                                                  
                                                                               
 SB 77 - No previous action to record.                                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Wendy Redman                                                                  
 University of Alaska                                                          
  POSITION STATEMENT:   Supported SB 16.                                       
                                                                               
 Marty Epstein, Director                                                       
 Land Management                                                               
 University of Alaska                                                          
  POSITION STATEMENT:   Was available to answer questions regarding SB
 16.                                                                           
                                                                               
 Cliff Eames                                                                   
 Alaska Center for the Environment                                             
 519 W 8th, No. 201                                                            
 Anchorage, AK 99501                                                           
  POSITION STATEMENT:   Opposed SB 16.                                         
                                                                               
 R.B. Stiles, President                                                        
 Orven Corporation                                                             
 711 H St., No 600                                                             
 Anchorage, AK 99501                                                           
  POSITION STATEMENT:   Opposed SB 16.                                         
                                                                               
 Thomas J. Warner                                                              
 P.O. Box 1258                                                                 
 Bethel, AK 99559                                                              
  POSITION STATEMENT:   Opposed SB 16.                                         
                                                                               
 Ed Davis, Board Member                                                        
 Alaska Wilderness Recreation and Tourism Association                          
 P.O. Box 3332                                                                 
 Valdez, AK 99686                                                              
  POSITION STATEMENT:   Opposed SB 16 and commented on SB 77.                  
                                                                               
 Riki Ott                                                                      
 United Fishermen of Alaska                                                    
 P.O. Box 1430                                                                 
 Cordova, AK 99574                                                             
  POSITION STATEMENT:   Opposed SB 16.                                         
                                                                               
 Brenda Wilcox                                                                 
 Coghill Wilcox & Associates                                                   
 P.O. Box 20967                                                                
 Juneau, AK 99802                                                              
  POSITION STATEMENT:   Supported SB 16.                                       
                                                                               
 Sarah Hannan, Executive Director                                              
 Alaska Environmental Lobby                                                    
 P.O. Box 22151                                                                
 Juneau, AK 99802                                                              
  POSITION STATEMENT:   Opposed SB 16 and opposed SB 77.                       
                                                                               
 Nico Bus, Legislative Liaison                                                 
 Department of Natural Resources                                               
 400 Willoughby Ave.                                                           
 Juneau, AK. 99801-1796                                                        
  POSITION STATEMENT:   Opposed SB 16.                                         
                                                                               
 Senator Sharp                                                                 
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Sponsor of SB 77.                                      
                                                                               
 Tom Scarborough                                                               
 1676 Taraka Dr.                                                               
 Fairbanks, AK 99709                                                           
  POSITION STATEMENT:   Supported SB 77.                                       
                                                                               
 Bill Hagar                                                                    
 432 Gaffney Rd.                                                               
 Fairbanks, AK 99701                                                           
  POSITION STATEMENT:   Supported SB 77.                                       
                                                                               
 Ralph Seekins, President                                                      
 Alaska Wildlife Conservation Association                                      
 1625 Old Steese                                                               
 Fairbanks, AK 99701                                                           
  POSITION STATEMENT:   Supported SB 77.                                       
                                                                               
 George Matz, Vice President                                                   
 Anchorage Audubon Society                                                     
 14345 Cody                                                                    
 Anchorage, AK 99516                                                           
  POSITION STATEMENT:   Opposed SB 77.                                         
                                                                               
 Steve Wells, Executive Director                                               
 Alaska Wildlife Alliance                                                      
 P.O. Box 202022                                                               
 Anchorage, AK 99520                                                           
  POSITION STATEMENT:   Opposed SB 77.                                         
                                                                               
 Tom Warner                                                                    
 P.O. Box 1258                                                                 
 Bethel, AK 99559                                                              
  POSITION STATEMENT:   Opposed SB 77.                                         
                                                                               
 Ed Davis                                                                      
 Alaska Wilderness Recreation and Tourism                                      
 P.O. Box 1353                                                                 
 Valdez, AK 99686                                                              
  POSITION STATEMENT:   Opposed SB 77.                                         
                                                                               
 Wayne Regelin, Acting Director                                                
 Division of Wildlife Conservation                                             
 Department of Fish and Game                                                   
 P.O. Box 25525                                                                
 Juneau, AK 99802-5526                                                         
  POSITION STATEMENT:   Commented on SB 77.                                    
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 95-22, SIDE A                                                           
                                                                               
 Number 001                                                                    
 SRES 3/10/95                                                                  
         SB  16 INCREASE LAND GRANT TO UNIV. OF ALASKA                        
   CHAIRMAN LEMAN  called the Senate Resources Committee meeting to           
 order at 3:47 p.m. and announced SB 16 to be up for consideration.            
                                                                               
 SENATOR FRANK said this bill would allow the University to select             
 one million acres subject to a rigorous set of constraints                    
 established to protect the state's interest.  The University is a             
 land grant university, as are many universities in the western                
 states, but its land grant is small in comparison to other land               
 grant universities.  This would give the university a greater                 
 opportunity to earn revenues from lands and enable it to be less              
 dependent on general funds in the future.                                     
                                                                               
 WENDY REDMAN, University of Alaska, explained that the University             
 has not functioned as a land grant university, because they have no           
 land.  In other many other states, the land grant system actually             
 supports their university, she said.                                          
                                                                               
 MARTY EPSTEIN, Director of Land Management, said he was available             
 to answer questions.                                                          
                                                                               
 CLIFF EAMES, Alaska Center for the Environment (ACE), opposed SB
 16.  He stated the ACE doesn't dispute a need for a reasonable                
 share of ample funding going to the University.  They opposed the             
 increased fragmentation of land ownership and management patterns             
 which result in severely reduced opportunities for the citizens of            
 Alaska.  They are also concerned that dedicating revenue to the               
 University is constitutional.  He noted that the lands have not               
 been identified and they would no longer be managed for multiple              
 public uses which is extremely important.                                     
                                                                               
 R.B. STILES, Orven Corp., testified against SB 16.  He said that              
 although the University of Alaska received less land than some                
 other Universities in the West, the State of Alaska received                  
 substantially more land under their land grant than any of the                
 Western States.  He questioned whether granting land to the                   
 University is a dedication of funds which is prohibited by the                
 State Constitution.                                                           
                                                                               
 He said it was clear, in reading through the type of lands that               
 could be selected, that there were lands with coal and mineral                
 leases which he thought invited the same kind of litigation that              
 happened with the Mental Health Trust lands issue.                            
                                                                               
 Finally, he commented that land grant colleges throughout the West            
 got their lands from the federal government and not from their                
 state governments.                                                            
                                                                               
 THOMAS WARNER, Bethel resident, said he saw very little opportunity           
 for public participation in the selection process and the                     
 determination of the use of the revenue stream to be derived from             
 the lands.  He also viewed the Governor and Commissioner as having            
 a lot of power and thought one million acres was excessive.                   
 Number 228                                                                    
                                                                               
 ED DAVIS, Alaska Wilderness Recreation and Tourism Association                
 (AWRTA), said that transferring this large amount of land to the              
 University would have a huge impact on the resources that tourism             
 depends on and that the selection process did not have much                   
 protection for the multiple use of lands.  MR. DAVIS said that he             
 hadn't received adequate notice that this bill was being heard.               
                                                                               
 SENATOR LEMAN stated that SB 16 was introduced on January 16, 1995            
 and has already been heard in the Senate Community and Regional               
 Affairs Committee.  The Senate Resources Committee posted the                 
 committee meeting schedule eight days ago.  Further, he said he               
 didn't expect it to move from committee today and invited his                 
 additional comments.                                                          
                                                                               
 Number 312                                                                    
                                                                               
 RIKI OTT, United Fishermen of Alaska (UFA), opposed SB 16.  UFA's             
 main concern was the scope of the land disposal which would affect            
 natural resource management across the state.  I was also concerned           
 that the Board of Regents would be managing those resources versus            
 public control multiple use.  It is very concerned with the "use it           
 or lose it" clause.  There is also the issue of this being a                  
 dedicated source of funds which may be unconstitutional, she said.            
                                                                               
 BRENDA WILCOX, Coghill Wilcox & Associates, supported SB 16.  She             
 said she was President for the Alumni Association for UAF and sat             
 on the Board of Directors for six years.  When land was first                 
 granted to the University in the Tanana Valley, they were given               
 only 9,000 acres, because of the difficulty in surveying it without           
 satellite technology which we now have.  The University actively              
 manages their lands, because they need the revenues, she said.                
                                                                               
 MS. WILCOX said one of the main reasons against Alaska receiving              
 statehood, at the national level, was it was felt Alaska didn't               
 have a tax base to pay for governmental services.  That is one of             
 the reasons the state was given an unprecedented 105 million acres            
 to manage.  The 105 million acres was intended to help us fund the            
 University of Alaska.  There are now three campuses instead of one            
 and the costs are ever-increasing.                                            
                                                                               
 SARAH HANNAN, Alaska Environmental Lobby (AEL), said she is an                
 alumni of the University of Alaska and a former member of the Board           
 of Regents.  She is here to do the best for the University, but               
 transferring one million acres of what is public domain land to a             
 private entity would present a number of complex policy issues.               
 She thought other agencies across the state could say they have an            
 equal right to provide some guaranteed revenue and perhaps an                 
 endowment.                                                                    
                                                                               
 MS. HANNAN pointed out that endowment and land grant are not the              
 same thing.  She said there is no guarantee that the University               
 would make enough money to sustain itself even if they are given              
 land.  She asked the Legislature what the state's obligation was to           
 provide general fund sources to the University.                               
                                                                               
 Because AEL is composed of a network of people who live across                
 Alaska, she opposed this legislation saying someone or something              
 lives on all that land.  She asked if public domain land goes to              
 private ownership of the University, would the interests of private           
 users be taken into account.                                                  
                                                                               
 SENATOR LEMAN asked if she had taken a position on compensation of            
 private property owners for loss of use of the land.  MS. HANNAN              
 said AEL's position would be consistent with what she has stated              
 here.                                                                        
                                                                               
   SENATOR LEMAN stated that Section 5 on page 10, lines 6 -11, where         
 it says the University shall manage the land in a manner that                 
 permits those customary and traditional uses of the resources, is             
 intended to cover her concerns with multiple use.                             
                                                                               
 NICO BUS, Department of Natural Resources, opposed SB 16.  He said            
 the Administration is concerned with the revenue stream for the               
 State of Alaska and splitting up the current land base.  He said              
 the key issue was the long term fiscal implications for the state.            
                                                                               
 SENATOR HOFFMAN asked what the Department's position would be if              
 the acreage were to be reduced by half of the requested amount.               
 MR. BUS said the overall fiscal impact would need evaluation before           
 a position could be taken.                                                    
                                                                               
 SENATOR HOFFMAN asked if his recommendation to the Governor would             
 be to veto this bill as it exists.  MR. BUS said it was.  He said             
 DNR had submitted a fiscal note to the Governor on March 9.                   
                                                                               
 SENATOR HOFFMAN asked if he knew what the breakdown of the                    
 percentage of land is in the State of Alaska between federal,                 
 state, native corporations, and private?  MR. BUS didn't have that            
 information.                                                                  
                                                                               
 Number 507                                                                    
                                                                               
 MS. REDMAN said, in response to a statement made by Riki Ott, that            
 the University land is not treated as private land; it is treated             
 as public land.                                                               
                                                                               
 MS. REDMAN noted a typo error on page 10, line 8.  The word                   
 "displaying" should be "disposing."                                           
                                                                               
 SENATOR LEMAN thanked her and everyone for their participation and            
 said SB 16 would be held for further work.                                    
 SRES 3/10/95                                                                  
              SB  77 INTENSIVE MANAGEMENT OF GAME                             
  SENATOR LEMAN announced SB 77 to be up for consideration.                   
                                                                               
 SENATOR SHARP, sponsor of SB 77, said the committee substitute                
 clears up language in Section 2.  Section 3  deletes the                      
 Commissioner's option of establishing a Division of Game and                  
 Section 4 establishes by statute a Division of Game.  The intent is           
 to replace the title of the Division of Wildlife and Conservation             
 with the original statutory title of Division of Game.  Section 5             
 clarifies language which both the Board of Game and ADF&G are                 
 having difficulty understanding regarding "depletion." Section 6              
 further clarifies that intensive management does not include                  
 management of people.  Section 7 adds three definition paragraphs.            
                                                                               
 He hoped this legislation would clarify some areas that are not               
 understandable to some department personnel so that they could move           
 forward to aggressively manage the resource for the people of                 
 Alaska as is their constitutional mandate.                                    
                                                                               
 SENATOR SHARP said from conversations with department people he               
 thought the fiscal note reflected focusing on existing resources              
 rather than needing additional resources over the next five years.            
                                                                               
 SENATOR FRANK moved to adopt the CS labeled 9-LS0460 f to SB 77.              
 There were no objections and it was so ordered.                               
                                                                               
 TAPE 95-22, SIDE B                                                            
 Number 001                                                                    
                                                                               
 TOM SCARBOROGH, Fairbanks, said that managing game for human use              
 has failed which is why this legislation is before us today.  He              
 strongly supported it, because it requires management for sustained           
 yield which is good for tourism and the hunting public.                       
                                                                               
 BILL HAGAR, Fairbanks, said there is a management imbalance of                
 resource allocation and the problems associated with it. He said              
 the question is where does all the harvestable surplus resource go.           
 He said hundreds of thousands of newborn moose and caribou are                
 needlessly sacrificed every year under the department's current               
 management philosophy.                                                        
                                                                               
 Number 544                                                                    
                                                                               
 RALPH SEEKINS, President, Alaska Wildlife Conservation Association            
 (AWCA), said the ADF&G people just don't seem to understand                   
 management for human harvest along with wolves, bears, etc. ADF&G             
 also says they don't have the tools to respond to high levels of              
 predator population other than monitoring them.                               
                                                                               
 MR. SEEKINS said that they have received adequate funding year                
 after year and they need to have their personal philosophy changed            
 to manage the resources for human harvest.                                    
                                                                               
 GEORGE MATZ, Anchorage Audubon, opposed SB 77.  SENATOR LEMAN noted           
 that his written testimony had been received.  MR. MATZ said that             
 in a survey, Alaskan voters largely agreed that wildlife was an               
 important reason they were in Alaska.  He thought more concern                
 should be given to protecting our lands and waters.  He said the              
 wildlife is also important to Alaskan tourists.  He said he thought           
 a constitutional amendment would be needed to move this bill                  
 forward.                                                                      
                                                                               
 STEVE WELLS, Alaska Wildlife Alliance, opposed SB 77.  He said it             
 won't mean more money for the state.  Intensive management is very            
 expensive.  SB 77 will not settle hunting allocation questions; it            
 can't achieve its goals.  You can kill the predators in the state             
 including wolves and bears and not achieve the 33% human harvest              
 that this bill calls for.                                                     
                                                                               
 MR. WELLS thought this bill might be to squelch public debate over            
 the controversial wolf management actions in the Board of Game                
 process.  This is clearly unfair to the public, because it is an              
 end run around the intensive wildlife management public process.              
 This bill could also lead to the loss of state wildlife management            
 authority at a time the state is trying to retrieve management                
 authority from the federal government.  This bill does nothing to             
 add to the capability of wildlife managers who manage wildlife; it            
 limits and reduces their options.  The Board and ADF&G have always            
 had the authority to intensively manage wildlife populations.                 
                                                                               
 Number 409                                                                    
                                                                               
 TOM WARNER, Bethel, had specific problems with consumptive use                
 being the preferred use and the lack of a mechanism for determining           
 "historic high levels" in Section 5.  He said it looks like the               
 Board is being mandated to manage for certain big game populations            
 for human use only.  This is also an unwarranted intrusion by the             
 Legislature in what should be a professional activity by the Board            
 and the Department of Fish and Game.                                          
                                                                               
 Number 391                                                                    
                                                                               
 SARAH HANNAN, Alaska Environmental Lobby (AEL), said she has been             
 a life-long Alaskan hunter.  She said AEL does not oppose hunting,            
 but she urged them to take into account that there is a lengthy               
 public process built into game management decisions.  This is to              
 make sure that people with seasoned life styles and a diversity of            
 locations have time enough to look through procedures and processes           
 that come before them.  The Board of Game is not made up of people            
 who are opposed to managing for human consumption, but it is made             
 up of hunters who would like to see human harvest continue.  She              
 thought it was a bad precedent to intervene in a law that has not             
 yet gone into place and that is still being considered by the Board           
 of Game.  Preemption of the Board of Game for making its decisions            
 will only result in a deeper workload for the Legislature when it             
 comes to game and fish allocations.                                           
                                                                               
 Ed Davis, Alaska Wilderness Recreation and Tourism, said he was               
 concerned with the definition of a harvestable surplus.  He thought           
 it should exclude all animals that died from all causes other than            
 normal levels of predation.                                                   
                                                                               
 He said they opposed aerial methods of taking game especially by              
 the public.                                                                   
                                                                               
 Number 273                                                                    
                                                                               
 WAYNE REGELIN, Acting Director, Division of Wildlife Conservation,            
 explained that last year the Legislature passed SB 77 which                   
 mandated the Board of Game implement intensive management if season           
 lengths and bag limits were reduced in areas where human use of               
 wildlife was a high value.  The department supported this                     
 legislation and worked closely with Senator Sharp throughout the              
 process.  In its December meeting, the Board decided to manage 10             
 areas, recommended by the public and the department, intensively.             
 The Board of Game asked the department to prepare more detailed               
 reports and recommendations for how intensive management should be            
 implemented in five of these areas.  These will be presented at the           
 Board of Game meeting beginning on March 18.                                  
                                                                               
 He said that (last year's) SB 77 was clear and everyone understands           
 it.  There was talk at the Board meetings to add some definitions             
 to the bill which the department suggested would be useful in                 
 preparing for management activities.  He didn't think the Board               
 could move faster than they have, since this issue wasn't exempted            
 from the Administrative Procedures Act.                                       
                                                                               
 Number 273                                                                    
                                                                               
 Specific aspects of the legislation still concern him, like some of           
 the definitions and setting the historical high levels of big game            
 prey populations as a standard for triggering intensive management.           
 Such high levels in some places cannot be maintained over long                
 periods of time, because the habitat just can't support them.  He             
 explained they try to stock ranges at about 80% of optimum levels,            
 because otherwise food would be scarce which would cause a decrease           
 in birth rates and fewer animals.                                             
                                                                               
 Number 197                                                                    
                                                                               
 MR. REGELIN said he thought he understood the purpose of this bill            
 which is for people who want higher levels of harvest from the most           
 accessible moose and caribou populations.  He said the department             
 has been frustrated also with getting intensive management programs           
 started.                                                                      
                                                                               
 He said changing the legislation at this point is not wise, because           
 SB 77 isn't implemented yet and if more legislation is needed at              
 some point they could ask for that.  He didn't think legislation              
 was necessarily the best way to achieve their common goals.  He did           
 not think it was beyond the ability of the department or the will             
 of the Administration to manage the herds more intensively.                   
                                                                               
 SENATOR HOFFMAN said he would like to see some of Mr. Regelin's               
 suggested definitions.                                                        
                                                                               
 SENATOR SHARP noted that he has worked with the department over the           
 last six years with suggestions from constituents with the                    
 legislature in the process and said that the "process" just isn't             
 getting us there.  It gets us to the point to where the Board makes           
 a decision and then those decisions based on scientific data are              
 bludgeoned by politics.  This is one of the driving forces behind             
 trying to strengthen the statute and, if anything, trying to keep             
 the politics out of it.  He said the department has always been               
 willing to work to make things doable which he appreciates.                   
                                                                               
 SENATOR HOFFMAN, referring to a newspaper article, said maybe they            
 should put stricter fines on officers shooting game out of season.            
                                                                               
 SENATOR LEMAN said they would hold the bill for further work and              
 adjourned the meeting at 5:19 p.m.                                            
                                                                               

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