Legislature(1995 - 1996)

04/10/1995 03:39 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                         April 10, 1995                                        
                           3:39 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Loren Leman, Chairman                                                 
 Senator Drue Pearce, Vice Chairman                                            
 Senator Rick Halford                                                          
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
 Senator Lyman Hoffman                                                         
                                                                               
  COMMITTEE MEMBERS ABSENT                                                     
                                                                               
 Senator Steve Frank                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE JOINT RESOLUTION NO. 19                                                
 Requesting the Congress to amend the Alaska National Interest Lands           
 Conservation Act to clarify that the term "public lands" means only           
 federal land and water and that any extension of federal                      
 jurisdiction onto adjacent land and water is expressly prohibited.            
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SJR 19 - See Resources Committee minutes dated 3/29/95 and 4/8/95.            
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Mike Miller                                                           
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime sponsor of SJR 19.                               
                                                                               
 Carl Rosier                                                                   
 Tongass Sport Fishing Association                                             
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Dale Kelly, Executive Director                                                
 Alaska Trollers Association                                                   
 130 Seward St, Suite 213                                                      
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Dean Paddock, Executive Director                                              
 Bristol Bay Driftnetters Association                                          
 P.O. Box 21951                                                                
 Juneau, AK 99802                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Jerry McCune, President                                                       
 United Fishermen of Alaska                                                    
 211 Fourth Street, #112                                                       
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Alfred McKinley, Sr.                                                          
 Alaska Native Brotherhood                                                     
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Arnold Martin, President                                                      
 Southeast Native Subsistence Committee                                        
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Rosita Worl, Member                                                           
 Alaska Federation of Natives                                                  
 1577 C Street, #100                                                           
 Anchorage, AK 99503                                                           
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Rick Bearman                                                                  
 Territorial Sportsmen                                                         
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Bud Hodson                                                                    
 Alaska Sportfishing Industry Association                                      
 P.O. Box 220288                                                               
 Anchorage, AK 99516                                                           
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 John Hendrickson                                                              
 Alaska Waterfowl Association                                                  
 3195 A Lakeshore Dr., #102                                                    
 Anchorage, AK 99517                                                           
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Joanne Grace, Assistant Attorney General                                      
 Department of Law                                                             
 1031 W 4th Ave., #200                                                         
 Anchorage, AK 99501                                                           
  POSITION STATEMENT:   Commented on SJR 19.                                   
                                                                               
 Richard Burton                                                                
 4459 Mountainside Dr.                                                         
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Catherine Gitkov                                                              
 2245 Meadow Lane                                                              
 Auke Bay, AK                                                                  
  POSITION STATEMENT:   Supported SJR 19.                                      
 Peter Tony                                                                    
 Nikolai, AK                                                                   
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Andy Golia                                                                    
 Bristol Bay Native Association                                                
 P.O. Box 310                                                                  
 Dillingham, AK 99576                                                          
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Michael Pederson                                                              
 Arctic Circle Native Association                                              
 P.O. Box 1232                                                                 
 Barrow, AK 99723                                                              
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Suzy Erlich                                                                   
 Alaska Federation of Native                                                   
 Box 565                                                                       
 Kotzebue, AK                                                                  
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 John Erlich                                                                   
 Box 297                                                                       
 Kotzebue, AK 99752                                                            
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Art Ivanoff, Subsistence Coordinator                                          
 Maniilaq Association                                                          
 Box 256                                                                       
 Kotzebue, AK 99752                                                            
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Sandra Tahbone, Chairman                                                      
 Natural Resources Subsistence Committee                                       
 Kawerak, Inc.                                                                 
 Box 948                                                                       
 Nome, AK 99762                                                                
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Bob Charles, Vice President                                                   
 Association of Village Council Presidents                                     
 P.O. Box 219                                                                  
 Bethel, AK 99559                                                              
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Calvin Simeon                                                                 
 Association of Village Council Presidents                                     
 P.O. Box 219                                                                  
 Bethel, AK 99559                                                              
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Lee Stoner                                                                    
 940 Serrano Dr.                                                               
 Wasilla, AK 99654                                                             
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Greg Roczicka                                                                 
 P.O. Box 513                                                                  
 Bethel, AK 99559                                                              
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Keith Jonathan                                                                
 P.O. Box 126                                                                  
 Tok, AK 99780                                                                 
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Deborah Lyons                                                                 
 P.O. Box 296                                                                  
 Petersburg, AK 99833                                                          
  POSITION STATEMENT:   Commented on SJR 19.                                   
                                                                               
 Gordon Jensen                                                                 
 P.O. Box 264                                                                  
 Petersburg, AK 99833                                                          
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Fred John, Jr.                                                                
 P.O. Box 6024                                                                 
 Mentasta Lake, AK 99780                                                       
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Gloria Stickwan                                                               
 Copper River Native Association                                               
 Drawer H                                                                      
 Copper Center, AK 99573                                                       
  POSITION STATEMENT:   Opposed SJR 19.                                        
                                                                               
 Robert Hinman                                                                 
 P.O. Box 34195                                                                
 Juneau, AK 99803                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
 Carl Rosier                                                                   
 c/o John Sandor                                                               
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Supported SJR 19.                                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 95-41, SIDE A                                                           
                                                                               
 Number 001                                                                    
                SJR 19 ASK FEDS TO AMEND ANILCA                               
                                                                              
  CHAIRMAN LEMAN  called the Senate Resources Committee meeting to             
 order at 3:39 p.m. and announced SJR 19 to be up for consideration.           
                                                                               
 SENATOR MILLER, prime sponsor of SJR 19, stated that the resolution           
 asks congress to clarify that ANILCA did not mean there would be              
 take over of Alaska's management of fish and game and, secondly, it           
 defines public lands so there can be no misinterpretation by the              
 courts.                                                                       
                                                                               
 SENATOR MILLER noted a letter of support from former Governor                 
 Hickel in which he stated this is a state's rights issue whether              
 one agrees with rural preference or not.                                      
                                                                               
 SENATOR LEMAN noted that when Alaska became a state one of the big            
 issues was the management of our fish and game.  He did not want to           
 criticize federal management, but Alaska has fared much better                
 under state management and he thought it would be much better to              
 continue under state management.                                              
                                                                               
 SENATOR LINCOLN said she has consistently maintained that this is             
 a subsistence bill.  She responded to Governor Hickel's letter by             
 adding that he said this issue is not solely a subsistence issue;             
 it is a state's rights issue as well.                                         
                                                                               
 In talking about subsistence she is concerned that the Chairman, in           
 attempting to get testimony from all over Alaska, took testimony              
 from Fairbanks only (unless folks can get in to Fairbanks from                
 outlying areas), from Soldotna only, and now today from Juneau.               
 That leaves the rest of the state - 212 communities that are trying           
 to testify as well.                                                           
                                                                               
 She commented that SJR 19 would drive a deeper wedge between the              
 special interest groups rather than build a consensus on such a               
 critical issue.                                                               
                                                                               
 SENATOR LEMAN responded that the committee had done its best to               
 take the issue to a broad cross section of the state.  They have              
 heard this resolution far more than what would normally happen.  In           
 Fairbanks many people came in from outlying regions and testified             
 and the same thing happened in Soldotna.                                      
                                                                               
 CARL ROSIER, Tongass Sport Fishing Association, strongly supported            
 SJR 19.  He said it is ironic after 36 years of successful                    
 statehood and state management that we are here today developing a            
 strategy to avoid preemption of fish and game management by the               
 federal government.                                                           
                                                                               
 The State, through Title 16, developing an advisory committee                 
 system, plus a commitment of time and energy of many residents in             
 the international fisheries arenas, has developed a management                
 program about which all residents should be proud.                            
                                                                               
 He noted that the feds had little respect for the state                       
 participants, in the early days, on the International North Pacific           
 Fisheries Council (INPFC).  He added that the state has been                  
 involved in the bi-laterals that preceded extended jurisdiction, we           
 were deeply involved in moving the foreign fisheries off-shore, we            
 have been a strong participant in IPHC and the interstate compacts.           
 The state has had the expertise to look after the residents of this           
 state.  This will be seriously jeopardized if we prevent the feds             
 from taking over the resources we have invested so much in over the           
 last 36 years.  This is not an action against subsistence, but it             
 is a states' rights issue that is important to all of the residents           
 of this state.                                                                
                                                                               
 Number 242                                                                    
                                                                               
 DALE KELLY, Executive Director, Alaska Trollers Association (ATA),            
 supported SJR 19.  She said they recognized the importance of                 
 subsistence in Alaska and believes SJR 19 poses no threat to                  
 subsistence uses.                                                             
                                                                               
 ATA's main concern is with the loss of state jurisdiction over our            
 fisheries resource.  Any use of this resolution to eliminate                  
 subsistence is not supported by them.                                         
                                                                               
 ATA believes clarifying the definition of public lands is only one            
 of a number of ANILCA terms which must be clarified if Alaska,                
 through the Board of Fisheries, is to retain management authority             
 over its fisheries.  ATA has never viewed an amendment to the                 
 Constitution as a solution to the subsistence dilemma.                        
                                                                               
 During a recent legislative briefing, Attorney General Bruce                  
 Botelho was asked what Alaska law could be changed to prevent                 
 federal management.  He answered that we all know there is none and           
 emphasized that in virtually every case presented to the Ninth                
 Circuit Court of Appeals, the Court has favored the subsistence use           
 over the adverse interest of the state.  The problem for fishermen            
 is that the Ninth Circuit has done a poor job of interpreting                 
 ANILCA provisions such as "rural" and "customary trade."  Because             
 of the federal court, residents of all but four Alaskan communities           
 qualify as rural subsistence users and can sell subsistence product           
 for significant financial gain while commercial fishermen might not           
 be able to do the same, if it is closed for allocation purposes.              
                                                                               
 These bad rulings from the Ninth Circuit Court constrain the Board            
 of Fisheries from making management decisions appropriate for                 
 Alaska because of the threat of added federal interference.                   
                                                                               
 MS. KELLY also noted that it's particularly ironic to endorse a               
 resolution in support of state jurisdiction of our fish and game              
 resources when the legislature appears hell bent to make crippling            
 budgetary cuts to the two agencies necessary to defend our                    
 interests.  The Attorney General's office is slated to take a                 
 significant hit just when we need them most for Pacific Salmon                
 Treaty and Endangered Species Act issues.  ADF&G is contending with           
 some of its biggest issues since statehood, but the Senate budget             
 proposal mirrors a 1979 spending level when the dollar was a bit              
 stronger.  Core research and management programs are at risk which            
 will compromise the health of the resource in our fisheries.                  
 Elimination of the Subsistence Division will further polarize                 
 groups that must work together to resolve subsistence once and for            
 all.                                                                          
                                                                               
 Finally, she said, SJR 19 provides an opportunity for those                   
 dependent upon Alaska's fisheries resource to engage in a positive            
 dialogue regarding technical amendments to ANILCA to ensure that              
 Alaskans clarify subsistence definitions, not some judge in a                 
 distant court room.                                                           
                                                                               
 Number 296                                                                    
                                                                               
 DEAN PADDOCK, Executive Director, Bristol Bay Driftnetter                     
 Association,  said if there was ever a motherhood and apple pie               
 issue before this committee, that this should be it.  SJR 19 is               
 clear and unambiguous, even if the issue it seeks to clarify may              
 not be.  The original intent of the Statehood Act needs to be                 
 cleared up without delay.  He was a member of the state management            
 team at statehood and after and said we face staggering challenges.           
 We have successfully risen to those challenges with rare exception            
 in the matter of resource management.  He remembers the arrogant              
 and largely uncaring attitude of many of the federal managers.                
                                                                               
 He is saddened to see there is not total and complete unanimity               
 within the state today.  If the issue of state sovereignty is not             
 cleared up shortly and we go down the trail of federal management,            
 or mismanagement, we will all deeply regret the fact we did not               
 defend state jurisdiction.                                                    
                                                                               
 Number 345                                                                    
                                                                               
 JERRY MCCUNE, President, United Fishermen of Alaska, supported SJR
 19 as a statement of state's rights and its ability to manage fish            
 and game for all the users in the state.  It does not challenge the           
 concept of state and federal subsistence preference.  It doesn't              
 solve all the issues, but does address quite a few of them.  One of           
 them is that it states that ANILCA should not preempt state                   
 management of fish and game in Alaska and another issue is the                
 state's right to manage all resources on state lands and navigable            
 waters.  It makes a statement important to many states that the               
 federal government should not be able to claim title to resources             
 through federal reserve water rights or navigable water rights.               
                                                                               
 Along with SJR 19 we need to fund ADF&G in a manner that can be               
 committed to all users to provide for all users in the state.  We             
 need to reauthorize the 1992 state subsistence statute and keep the           
 definitions that are in that statute, like "customary, traditional,           
 and reasonable opportunity."  The all-Alaska concept, which is                
 unfair to villages dependent on subsistence, needs work as well as            
 the weak stock issue which ties into the Endangered Species Act.              
                                                                               
 MR. MCCUNE said they would like to see ANILCA amended with the                
 definitions of "rural, customary, and trade, customary and                    
 traditional, and reasonable opportunity vs. guarantee."  The weak             
 stock issue also needs to be addressed.  The last thing would be a            
 constitutional amendment, if we can get these other amendments to             
 ANILCA.                                                                       
                                                                               
 Number 374                                                                    
                                                                               
 SENATOR HOFFMAN asked how he would propose that Katie John get                
 access to her subsistence fish.  MR. MCCUNE replied that the lands            
 she wants to use are claimed as traditional lands at the head of              
 the Copper River which is where the stocks separate.  ADF&G has               
 offered other sites for her take her fish, but she wants to use the           
 traditional site.  The problem is they are scared she will take too           
 many fish from one particular tributary.                                      
                                                                               
 SENATOR HOFFMAN pointed out that he also said he liked the language           
 in state statute on "customary and traditional use."  MR. MCCUNE              
 clarified that referenced villages as opposed to individuals.  He             
 added that the last resort on subsistence should be the true users            
 as in the villages of the rural areas.                                        
                                                                               
 SENATOR LEMAN commented that he thought Mr. McCune meant that                 
 sometimes managers would have to make some decisions, to protect              
 subsistence as well as other uses, where those traditional uses may           
 be in conflict with good management.                                          
                                                                               
 Number 400                                                                    
                                                                               
 ALFRED MCKINLEY, SR., Alaska Native Brotherhood, said when the                
 Alaska Native Claims Settlement Act of 1971 became law, the                   
 conference committee of the U.S. Senate and House expected the                
 Secretary of Interior and the State of Alaska to use their existing           
 authorities to take action necessary to predict the separate needs            
 of the Alaska natives.  The failure of the federal and state                  
 government to heed congressional admonition caused natives to seek            
 a solution through federal legislation, known now as ANILCA.  He              
 opposed SJR 19, because it would nullify recent native subsistence            
 victories in U.S. District Court.  At least 60% of Native                     
 subsistence takes place in navigable waters in Alaska.                        
                                                                               
 ARNOLD MARTIN, President, Southeast Native Subsistence Commission,            
 said that Native harvest of subsistence accounts for less than 4%             
 of the wild renewable resources on an annual basis.  Forty-eight              
 percent of rural residents are native and 52% are non-native.                 
 Sixteen percent of urban residents are native, 84% are non-native.            
 These statistics show it is hardly significant enough to harm our             
 wild renewable resources.  He thought the state was preoccupied in            
 destroying and killing native cultures.  SJR 19 will not help                 
 return the fish and game management to the state.  He opposed the             
 resolution.                                                                   
                                                                               
 ROSITA WORL, Member of the Board of Directors, Alaska Federation of           
 Natives, urged the committee not to adopt SJR 19, because it fails            
 to deal with the basic subsistence issue which is not management              
 authority or state's rights, or equal access to common use                    
 resources, but rather the continued existence or rural Alaskan                
 villages in the face of overwhelming urban competition for fish and           
 game.                                                                         
                                                                               
 SJR 19 asks congress to eviscerate Title 8 of ANILCA by reducing              
 federal regulatory authority and geographical jurisdiction to                 
 almost nothing, she said.  Senator Stevens warned the legislature             
 that the subsistence issue will not be resolved by congress.  Any             
 long term solution will require a consensus among Alaskans which is           
 not what this resolution tries to create.                                     
                                                                               
 Number 511                                                                    
                                                                               
 SENATOR TAYLOR said he thought she wanted to retain state                     
 management.  MS. WORL agreed that was what they would all                     
 ultimately like.  SENATOR TAYLOR asked if she would disagree with             
 Mr. McKinley and others who very openly support petitions to the              
 Secretary of the Interior to take over management of fish and game            
 on behalf of the federal government and lawsuits where they are               
 asking the federal courts to take over jurisdiction of all fish and           
 game management in Alaska.                                                    
                                                                               
 MS. WORL responded she thought the native community wanted good               
 sound management that protects subsistence.  As they see it, there            
 is a lack of the state wanting to implement legislation and not               
 wanting to amend the constitution and is, therefore, not willing to           
 protect subsistence.                                                          
                                                                               
 SENATOR TAYLOR said a month ago they discussed this subject at                
 length with Attorney General Bothelo who indicated very clearly               
 that amending the Constitution of the State of Alaska would not               
 return management of these resources to this state, but an                    
 amendment of ANILCA would still be required to return management to           
 the state.  He thought the last thing any Alaskan would want would            
 be to put the federal government back in managing our fish,                   
 caribou, and everything else.                                                 
                                                                               
 MS. WORL responded that ANILCA does offer the protections when the            
 state is not in compliance.  Amending the Constitution could put us           
 into compliance.  She thought this is what Senator Stevens was                
 suggesting. SENATOR TAYLOR said Senator Stevens hadn't suggested a            
 constitutional amendment for the last two years.                              
                                                                               
 RICK BEARMAN, President, Territorial Sportsmen, said they were an             
 organization since before the statehood movement.  They were                  
 prominent in the statehood movement primarily to secure management            
 of Alaska's fish and wildlife resources from the federal                      
 government.  That issue was the catalyst of the statehood movement.           
 Today, decades later, we are fighting the same battle.                        
                                                                               
 The Territorial Sportsmen supports SJR 19.  He thought it was                 
 inconceivable to think it was congress's intent to take management            
 away from those who are best able to do the job and give it to                
 unconcerned and inept bureaucrats in Washington.                              
                                                                               
 Number 584                                                                    
                                                                               
 BUD HODSON, Alaska Sportfishing Industry Association, supported SJR
 19.  As a past chairman of the Board of Fisheries, he said that               
 fisheries management decisions are complex matters.  The input of             
 all users must be considered to make decisions that are fair.  If             
 the authority granted to the federal government under ANILCA is               
 extended to include state land and waters, only the considerations            
 of one user group will be considered.                                         
                                                                               
 TAPE 95-41, SIDE B                                                            
 Number 598                                                                    
                                                                               
 MR. HODSON concluded saying that he thought it was imperative that            
 the state maintain authority over fish and game management.                   
                                                                               
 JOHN HENDRICKSON, Alaska Waterfowl Association, said that ANILCA              
 was not intended to apply federal management to state lands.  He              
 supported SJR 19.  It's absurd to think that public lands is                  
 intended to mean state lands. He thought that the subsistence issue           
 has become a diversion, because no one is really suffering one way            
 or another.  All we are doing is debating it.                                 
                                                                               
 MS. GRACE'S TESTIMONY IS TRANSCRIBED VERBATIM                                 
                                                                               
 JOANNE GRACE, Assistant Attorney General, Department of Law, said             
 the Department presently is representing the state in litigation              
 raising the issues addressed in SJR 19.  The state's position in              
 this litigation generally corresponds to the resolution's request             
 for amendment.  Nevertheless, the administration's position is that           
 although amendment to ANILCA might be part of a final solution to             
 the subsistence dilemma in Alaska, we need consensus among Alaskans           
 about how to resolve the many problems rather than a solution                 
 imposed by lawmakers in Washington, D.C.                                      
                                                                               
 The administration's goals are to regain state management of fish             
 and wildlife for all lands in Alaska and to preserve the rural                
 priority.  The amendments that SJR 19 suggests differ in one                  
 respect from the issues in litigation.  SJR 19 addresses two issues           
 which we refer to as the "Where I" issue and the "Where II" issue.            
 The "Where I" issue is the question of whether the subsistence                
 priority and the FSB's management authority extend to navigable               
 waters in Alaska.  The plaintiffs in the Katie John litigation              
 argue, and Judge Holland held, that they do, for this reason.  The            
 subsistence priority applies to "public lands."  Generally "public            
 lands" are understood to mean federal lands, but Congress can                 
 define this term differently in different contexts.  In ANILCA,               
 Congress defined "public lands" and "lands, waters, and interests             
 therein, title to which is in the United States."  I believe that             
 Congress thought it was defining public lands and federally-owned             
 lands.  The Katie John plaintiffs argued, however, that if the              
 United States has any property interest in lands or waters, that              
 converts them to "public lands" under this definition, regardless             
 of who owns them.  Thus, they argue, if the United States has a               
 water right in a river, the river is "public lands" subject to                
 federal management.                                                           
                                                                               
 The United States does not claim to have title to these state and             
 private lands, as SJR 19 seems to imply.  Lines 21-22 on page two             
 and 9-10 on page three refer to a claim of federal title to land              
 and resources based on federal reserved water rights or the                   
 navigational servitude.  The plaintiffs' claim is not that the                
 United States owns the land and resources based on these doctrines,           
 but that it has authority to regulate fish and wildlife on lands              
 and waters subject to federal water rights, navigational servitude,           
 or any other federal property interest.  In other words, the                  
 existence of any federal interest mandates federal regulation.                
                                                                               
 The status of the litigation is as follows.  The "Where I" issue,             
 that I've described, was decided by the U.S. District Court last              
 March.  Judge Holland held that all navigable waters in Alaska are            
 public lands subject to ANILCA because the United States has title            
 to the navigational servitude.  The state and the United States               
 appealed this to the Ninth Circuit.  On appeal both the state and             
 the United States argue that navigational servitude does not                  
 convert waters into public lands, but the United States argues that           
 some waters are public lands by virtue of the United States' water            
 rights.  The court heard oral argument in February and has the case           
 under advisement.                                                             
                                                                               
 The "Where II" issue, that is the issue of whether the Departments            
 of Agriculture and Interior have authority to regulate fish and               
 wildlife on state and private lands to effect the subsistence                 
 priority on public lands, is currently before the district court in           
 four different cases.  The court has indicated that it will not               
 address his issue while the U.S. considers a petition by the                  
 Northwest Arctic Regional Corporation to promulgate regulations to            
 extend the FSB's authority off public lands.                                  
                                                                               
 Thank you for the opportunity to testify.                                     
                                                                               
 SENATOR TAYLOR asked if the administration has changed its position           
 and no longer opposes the Katie John case.  MS. GRACE replied that            
 wasn't the case, at all. The state is maintaining its position on             
 these two issues in litigation.  Her point is only that the                   
 administration sees the amendment to ANILCA as part of a solution,            
 but not exclusively the solution.  They believe that the solution             
 includes a constitutional amendment, as you know.                             
                                                                               
 SENATOR TAYLOR responded that he knows the administration believes            
 a constitutional amendment is preferred by them as part of a                  
 solution, but isn't it true that a complete and total solution of             
 this issue could be resolved by merely amending ANILCA on the                 
 federal level.  MS. GRACE said she wasn't sure what he meant by a             
 complete solution to the problem.                                             
                                                                               
 SENATOR TAYLOR commented, "Try repealing it.  Does that resolve the           
 subsistence problem?"  MS. GRACE replied that the administration's            
 position is to regain state management of fish and wildlife for all           
 lands and to preserve the rural priority.                                     
                                                                               
 SENATOR TAYLOR asked her if she supported this resolution.  MS.               
 GRACE replied that the Department of Law is taking almost exactly             
 the same position in its litigation.  In other words, our position            
 is that congress did not intend the subsistence priority to apply             
 to navigable waters and did not intend to give the Departments of             
 Agriculture and Interior authority to regulate fish and wildlife              
 off of the ground.                                                            
                                                                               
 SENATOR TAYLOR asked if that could be taken as a "yes."  MS. GRACE            
 replied, "Yes, with one proviso that the administration sees this             
 as only part of the solution, not as the only solution."                      
                                                                               
 SENATOR TAYLOR said she indicated the federal government had                  
 argued, and felt there was some authority for, the retention of a             
 federal property right, if any, and no matter how minuscule,                  
 federal property right were retained.  He asked if that gave the              
 federal government the right to enforce federal law on those                  
 private lands.                                                                
                                                                               
 MS. GRACE replied that that was the position the plaintiffs took              
 and that was the position accepted by the Federal District Court.             
 You are correct about the retention of an interest by the United              
 States.  There is a federal statute that provides that all lands              
 patented by the United States after 1890 are conveyed subject to              
 additions and easements.  A district and canal's easement in the              
 United States, so the United States holds the property interests in           
 virtually all the land in Alaska.                                             
                                                                               
 SENATOR TAYLOR said, then, that under that theory, all of the land            
 in Alaska is under federal jurisdiction under Title 8, ANILCA, in             
 their interpretation.  MS. GRACE replied, "In their interpretation,           
 but I'll argue that's absurd."                                                
                                                                               
 SENATOR TAYLOR responded that we haven't been very successful in              
 those arguments, have we.  MS. GRACE commented that it hadn't                 
 worked so far.                                                                
                                                                               
 Number 480                                                                    
                                                                               
 SENATOR LINCOLN asked her to clarify her response to the question             
 of the administration's support of SJR 19.  MS. GRACE said the                
 administration supports it as part of a larger package which                  
 includes a constitutional amendment.                                          
                                                                               
 SENATOR LINCOLN asked if the administration supported SJR 19 as it            
 stands alone.  MS. GRACE said she couldn't make that unequivicable            
 statement.  She said the Department of Law unquestionably takes               
 this position in litigation.  The administration has told the                 
 Department of Law to continue to take this position in litigation,            
 but the administration sees the resolution of the entire                      
 subsistence problem as including not just amendments to ANILCA, but           
 also a constitutional amendment.                                              
                                                                               
 SENATOR LINCOLN asked if the administration is in agreement with              
 the congressional delegation when they say that the congressional             
 action will be contingent on a firm state consensus and agreement             
 between the legislature, the governor, and affected entities within           
 our state.  MS. GRACE said she wasn't sure she had a deep enough              
 understanding of what this administration's position is to feel               
 comfortable answering that question.                                          
                                                                               
 Number 454                                                                    
                                                                               
 RICHARD BURTON, Juneau resident, said he was Commissioner of the              
 Department of Public Safety until December 5, 1994.  His standpoint           
 is from the enforcement perspective.  He said the U.S. Fish and               
 Wildlife Division has over 400 officers and a larger budget, and              
 more airplanes in the State of Alaska than the Alaska Division of             
 Fish and Wildlife Protection which has fewer than 100 people.                 
                                                                               
 He said there was a difference in the conflicts between the federal           
 regulations and state regulations.  Also, federal regulations have            
 no residency requirement, where the state has residency                       
 requirements.  In Yakutat, for instance, the federal regulation               
 allows one brown bear each per year, with no tag or seal for                  
 harvest information and the state regulation says you can take one            
 bear every four years.                                                        
                                                                               
 MR. BURTON commented that a lot of enforcement is not getting done            
 by the federal or the state government which hurts the resource.              
 He supported SJR 19 if it does what people say it will.                       
                                                                               
 SENATOR TAYLOR asked if he was in the state before statehood.  MR.            
 BURTON answered that he had been here since 1954 and had started              
 working with Fish and Wildlife at about that time.  SENATOR TAYLOR            
 asked what the state of our salmon resources was at the end of                
 federal management.  MR. BURTON said that was one of the biggest              
 arguments for statehood.  Judge Arnold and the Seattle cannery bloc           
 held a tight rope on things.  Seattle managed our fisheries through           
 the federal government.                                                       
                                                                               
 SENATOR TAYLOR asked if he was familiar with the Skoog Report.  MR.           
 BURTON replied no, but he remembered a picture of rotting caribou             
 that their people took.  SENATOR TAYLOR asked what was the                    
 motivation behind taking those pictures.  MR. BURTON recalled that            
 it was up north and a caribou herd looked like it was suddenly                
 declining and that was the beginning of some management control -             
 back in the 70's.  SENATOR TAYLOR asked if that was where the term            
 "subsistence" was coined.  MR. BURTON couldn't say.                           
                                                                               
 CATHERINE GITKOV, Juneau resident, supported the principles of SJR
 19.  She did not see it as anti-subsistence, but rather a request             
 for a clear definition of public land and a prohibition of federal            
 preemption of state fish and wildlife management on state and                 
 private lands and waters of Alaska.  She believed the state is                
 doing a fine job of managing the resources.  The very idea of the             
 federal government having total control over these activities is              
 very scary.  For instance, they punish Alaskan fishermen by                   
 continuously reducing the number of chinook we can take to                    
 compensate for the mismanagement down south.  Without a                       
 clarification of "public lands" she was afraid the federal                    
 government would try to take over and we can't afford to see this             
 happen.                                                                       
                                                                               
 Number 334                                                                    
                                                                               
 PETER TONY, Nikolai resident, opposed SJR 19.  He said Nikolai is             
 a very traditional village and it is one of the last areas of the             
 state that is still remote - accessible only by airplane.  The                
 village of Nikolai opposed SJR 19, because they live largely on               
 subsistence.  They want to be able to offer their children and                
 grandchildren the opportunity to enjoy their lifestyle and the                
 village can't compete with modern hunters and fishers and their               
 equipment.                                                                    
                                                                               
 ANDY GOLIA, Bristol Bay Native Association, opposed SJR 19, because           
 he thought the Bristol Bay region would suffer.  Their villages               
 need to hunt and fish in order to survive.  Fish and wildlife                 
 resources know no boundaries and they need to travel long distances           
 between state and federal land to fulfill their subsistence needs.            
                                                                               
 MICHAEL PEDERSON, Arctic Circle Native Association, said he                   
 represented subsistence users in the communities of Anaktuvik Pass,           
 Atqasuk, Kaktovik, Nuiqsut, Point Lay, and Wainwright.  They                  
 strongly opposed SJR 19. He reminded the committee that on March              
 30, 1994 in federal district court Judge Holland ruled that the               
 federal government has the legal authority to regulate subsistence            
 hunting and fishing on all such public lands and waters.  The                 
 federal law is the best protection subsistence users have in this             
 state.  They believe the best solution to resolve the subsistence             
 impacting Alaska is an amendment to the Alaska Constitution                   
 recognizing a rural subsistence priority.                                     
                                                                               
 Number 234                                                                    
                                                                               
 SUZY ERLICH, Alaska Nation of Natives, said she represented the               
 Kotzebue area.  She objected to the time limitation imposed on                
 villagers who are testifying when people from the urban areas                 
 ignored the time line.  She also criticized the individual who                
 commented on the pictures of piles of dead caribou giving one the             
 impression that subsistence users were responsible.  She severely             
 opposed SJR 19 mostly because the state, itself, has not determined           
 what is meant by subsistence.  She said she would like to send the            
 committee samples of subsistence food, and while they enjoy eating,           
 she would like them to remember that food is their life blood.  She           
 said she represented 11 villages in the Nana region.                          
                                                                               
 JOHN ERLICH opposed SJR 19.  He said it is mostly a subsistence               
 issue.  He said he would like to resolve the subsistence dilemma              
 within the state, but he thought it would be harder if they passed            
 SJR 19, because it was so contentious.                                        
                                                                               
 SENATOR LEMAN noted that there was no linkage between HJR 33 and              
 SJR 19 in terms of movement through the Legislature.                          
                                                                               
 ART IVANOFF, Subsistence Coordinator, Maniilaq Association, opposed           
 SJR 19.  ANILCA provides subsistence protection to rural                      
 communities in Alaska who need the protection from urban hunters,             
 based on their need to maintain their cultural and traditional                
 subsistence lifestyle.  Alaskan residents must be given the                   
 opportunity to vote and decide whether or not to amend the                    
 constitution to allow for rural preference.                                   
                                                                               
 Number 101                                                                    
                                                                               
 SENATOR TAYLOR commented that he assumed the ducks and geese would            
 be arriving soon.  MR. IVANOFF agreed.  SENATOR TAYLOR asked if               
 they still hunted them in the spring.  MR. IVANOFF replied that               
 they do.  SENATOR TAYLOR asked if that was in compliance with the             
 federal law (under the Migratory Waterfowl Act) and the federal               
 enforcers that he wants to take over the river systems.  SUZY                 
 ERLICH replied that they were much more comfortable with federal              
 regulations because they are much more sensitive to their way of              
 living.  She said they do continue to hunt.                                   
                                                                               
 SENATOR TAYLOR said he supported their right to hunt those ducks,             
 but the federal government does not support their right to hunt               
 those ducks.  They are violating federal law and it's only because            
 the federal enforcers are playing politics and not arresting and              
 throwing people in jail over it.  He said he had a hard time                  
 believing it's o.k. as long as the federal enforcer looks the other           
 way.  If he started enforcing the laws, he didn't think they would            
 like their law on federal duck control.                                       
                                                                               
 TAPE 95-42, SIDE A                                                            
 Number 001                                                                    
                                                                               
 SANDRA TAHBONE, Chairman, Natural Resources Subsistence Committee,            
 Kawerak, Inc., referred to the Board of Fisheries handling of the             
 False Pass issue.  It is obvious that in the area of fisheries                
 management, one of the key justifications for statehood, the State            
 of Alaska falls short.  Fish and animals do not recognize unnatural           
 boundaries.  For this reason the court has ruled repeatedly that              
 the federal government can enforce its management on adjacent                 
 lands.  The rulings from the Eighth and Ninth District Court make             
 SJR 19 frivolous and a waste of the Senate's valuable time.  She              
 supported amending the State Constitution.                                    
                                                                               
 BOB CHARLES, Vice President, Operations, Association of Village               
 Council Presidents, opposed SJR 19. He said the state has not had             
 a good track record in managing the resources, especially in those            
 areas where stocks are declining.  He noted that a number of people           
 weren't there because they thought the meeting would happen at a              
 different time.                                                               
                                                                               
 SENATOR LEMAN responded that the Juneau Legislative Information               
 Office (LIO) had sent out misinformation about the time, but had              
 corrected the information within 30 minutes after it went out.  He            
 apologized and said when they make mistakes, they try to correct              
 them as fast as possible.                                                     
                                                                               
 SENATOR LINCOLN asked if other people had left, because of the                
 mixup.  MR. CHARLES said that a number of people were not there.              
 SENATOR LINCOLN said they could still send in their written                   
 testimony so it would still be on record.                                     
                                                                               
 Number 115                                                                    
                                                                               
 CALVIN SIMEON opposed SJR 19, because he believed the issue was               
 that ADF&G in western Alaska was severely underfunded.  They don't            
 have enough money to manage the commercial fisheries and with                 
 proposed cuts in the Subsistence Division, they felt it was                   
 necessary to have the federal government involved so they can keep            
 an eye on the stocks of salmon.                                               
                                                                               
 SENATOR LEMAN asked him if he meant direct federal management or              
 federal oversite of state management.  MR. SIMEON said he would               
 like to give the state another chance to be able to live up to                
 their requirements of sustained yield and a subsistence preference.           
 Basically they have failed to do that, but he would like federal              
 oversite.                                                                     
                                                                               
 Number 160                                                                    
                                                                               
 LEE STONER, Mat-Su, supported SJR 19.  Our fish and game management           
 must be directed by Alaskans, he said.  Federal control of fish and           
 game should be restricted only to land and waters specifically                
 delineated as federal land and water.                                         
                                                                               
 GREG ROCZICKA, Bethel, said that everyone has pretty much lost                
 faith with the way the state system is working as far as it goes to           
 protect subsistence.  Subsistence users are practically always at             
 the end of the line.                                                          
                                                                               
 KEITH JONATHON, Community Resource Coordinator, Tok, opposed SJR 19           
 saying it would only add fuel to the subsistence problem.                     
                                                                               
 SENATOR LEMAN announced an at ease from 5:28 p.m. - 5:34 p.m.                 
                                                                               
 Number 275                                                                    
                                                                               
 DEBORAH LYONS, Petersburg, said she thought the feds were doing a             
 little bit better at management than the state right now.  She                
 thought it was very important for the state to manage for                     
 subsistence through the fish and game laws.  She thought it was               
 very important for natives to be able to eat their own food in                
 their home  land, like she did as an Irishman.  She said the                  
 federal and state laws are written to try to protect subsistence.             
 The fact is that the state has not done as good a job for most                
 rural and native Alaskans as the federal government.                          
                                                                               
 MS. LYONS thought the state had done a lot toward promulgating                
 subsistence regulations through McDowell, but then the feds came in           
 and offered more than that.  She asked them to look at the position           
 the people are in who are testifying on this.  She can understand             
 their lack of confidence.                                                     
                                                                               
 SENATOR LINCOLN asked her to comment on whether she thought this              
 was a subsistence bill.  MS. LYONS said she had listened to a lot             
 of the testimony and the Natives obviously think it is, but                   
 implicit in the bill is that the rural subsistence users would have           
 to make a leap of faith.  Personally, she thought the first                   
 intention of the bill was to make it clear that the state has                 
 management authority for subsistence.  The second question was how            
 well they would manage it.                                                    
                                                                               
 MS. LYONS said she supported the concept in SJR 19 of the state               
 being the managing entity, but she pointed out that she could hear            
 the criticisms and concerns from rural and subsistence users, as              
 well.                                                                         
 SENATOR LINCOLN asked her what she would recommend to resolve this            
 issue.  MS. LYONS said the people of Alaska need to resolve what              
 subsistence management should be about.  For instance, some people            
 in native communities think that subsistence food should not be               
 sold for cash.                                                                
                                                                               
 Number 410                                                                    
                                                                               
 GORDON JENSEN, Petersburg, supported SJR 19, because it would keep            
 us from falling into federal management.  Everything they do is               
 done poorly, he said.  Salmon stocks and other stock just get lower           
 and lower and lower.  By the time the state took over, we had very            
 little left to work with.  He spent 20 years on the Board of Fish             
 and Game and understands some of the things that were done to                 
 rehabilitate these stocks.  He commented that it was very ironic              
 that we are talking about giving more control to the federal                  
 government.                                                                   
                                                                               
 FRED JOHN, JR., Mentasta Lake, opposed SJR 19.  He believed in                
 preserving the rural priority for the subsistence lifestyle.  He              
 said there is a large waste of meat that comes from big game                  
 hunters in his village area.  "Right now," he said, "with the                 
 attitude coming out of the legislature in Juneau, I believe the               
 federal government has more trust than the state has."  He                    
 explained that Katie John is his mother.                                      
                                                                               
 SENATOR LEMAN asked Mr. John what attitude he thought was coming              
 out of Juneau.  MR. JOHN replied that in the newspapers there was             
 an attitude about Native people from different legislators.  It               
 makes him feel bad, because he thinks they can all get along.                 
 SENATOR LEMAN asked him what newspaper article he was referring to.           
 MR. JOHN said no one in Juneau knows anything about it, but people            
 in the rural areas do.  It seems that the majority party is against           
 anything that is native.                                                      
                                                                               
 SENATOR LEMAN asked him if he would be surprised to know that he              
 was raised in rural Alaska and that he is part Native.  MR. JOHN              
 said he didn't know that.                                                     
                                                                               
 GLORIA STICKWAN, Copper River Native Association, opposed SJR 19.             
 They want a rural priority for subsistence users and the state has            
 never protected rural subsistence rights.  She supported amending             
 the State Constitution to comply with ANILCA.                                 
                                                                               
 Number 500                                                                    
                                                                               
 ROBERT HINMAN, Juneau resident, supported SJR 19 saying that the              
 push for statehood was fueled primarily by the urgent need to get             
 the federal government out of the management of our natural                   
 resources, mostly fisheries.  We enjoyed some good state management           
 and then federal controls were instituted over most phases of state           
 management.  We can do something about the preemption of state's              
 rights to manage on state and private lands and waters by                     
 clarification and actions asked for in SJR 19.  He feared federal             
 takeover of fisheries management in state waters will have                    
 catastrophic results on both commercial and sport fishing in the              
 state.                                                                        
                                                                               
 CARL ROSIER said that the former Commissioner of the Department of            
 Natural Resources, John Sandor, asked him to read his statement.              
 Mr. Sandor supported SJR 19, because it seeks insurance that the              
 State of Alaska will retain its management responsibilities for               
 fish and wildlife on state and private lands and navigable waters.            
 It is essential that the Congress of the United States reaffirm the           
 intent of the statehood compact and ANILCA that the state retains             
 this management responsibility.  The President of the United States           
 and the Congress have expressed their support of returning rights             
 and authorities to the states.                                                
                                                                               
 He noted that as long as federal agencies continue to centralize              
 more of their decision making authorities in Washington, D.C. and             
 in regional headquarters in the lower 48 states, Alaska's people              
 and resources will be at greater risk.                                        
                                                                               
 SENATOR LINCOLN asked if they could hold the bill over another day            
 to receive more testimony from people who didn't get a chance to              
 speak and to review the proposed committee substitute.  SENATOR               
 HOFFMAN agreed with that request.                                             
                                                                               
 Number 575                                                                    
                                                                               
 SENATOR HALFORD moved to adopt the committee substitute to SJR 19.            
 SENATOR LINCOLN objected because she didn't have time to review the           
 committee substitute.  She asked if it was his intention to move              
 the bill today.  SENATOR LEMAN said he would leave it up to the               
 committee.  He personally had spent 13 hours in hearings plus many            
 other hours in preparing for it and he felt prepared to move it               
 from committee.  SENATOR HOFFMAN said they just received the                  
 committee substitute and should be allowed at least a day to look             
 at it before they vote on it.                                                 
                                                                               
 SENATOR HALFORD explained the only difference was the last resolve            
 that the Alaska State Legislature respectfully requests the Alaska            
 Delegation of Congress to oppose any other amendments to ANILCA               
 until the Congress takes action to confirm state management and to            
 limit the definition of public lands.                                         
                                                                               
 TAPE 95-42, SIDE B                                                            
 SENATOR LINCOLN asked what was the intent of any other amendments             
 to ANILCA.  SENATOR HALFORD replied that since ANILCA has been                
 amended numerous times in the past, they continuously hear that it            
 can't be amended.  If it can't be amended in the area of critical             
 state management, then it probably shouldn't be amended in other              
 areas either.  SENATOR LINCOLN maintained her objection.  SENATOR             
 LEMAN called for the roll.  Senators Leman, Pearce, and Halford               
 voted yes; Senators Lincoln and Hoffman voted no; and the committee           
 substitute was adopted.                                                       
                                                                               
 Number 579                                                                    
                                                                               
 SENATOR TAYLOR clarified that he strongly supported the right of              
 people north of a certain parallel in this state to take ducks and            
 geese in the spring of the year.  It is the federal government that           
 says they cannot do it, not the state.                                        
                                                                               
 SENATOR HOFFMAN said that since there wasn't overwhelming committee           
 support for the resolution, he thought it should be voted down.               
                                                                               
 SENATOR LINCOLN noted that she listened to all of the testimony in            
 Fairbanks, Soldotna, and Juneau and kept track of the support and             
 opposition and there was truly an overwhelming number of people who           
 testified in opposition to SJR 19.  She thought it was very clear             
 that many folks are confused about the intent of this resolution              
 and she didn't think we should ignore their voices.                           
                                                                               
 Number 506                                                                    
                                                                               
 SENATOR HALFORD moved and asked unanimous consent to move CSSJR 19            
 (RES) with individual recommendations.  SENATOR LINCOLN objected.             
 Senators Leman Frank, Halford, and Taylor voted yes; Senators                 
 Lincoln and Hoffman voted no; Senator Pearce voted no, because she            
 didn't think they should move a committee substitute the committee            
 had just received; and the motion passed.                                     
 SENATOR LEMAN adjourned the meeting at 6:30 p.m.                              
                                                                               

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