Legislature(1997 - 1998)

09/25/1997 02:00 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                    SENATE RESOURCES COMMITTEE                                 
                            Wasilla AK                                         
                        September 25, 1997                                     
                             2:00 P.M.                                         
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Rick Halford, Chairman                                                
 Senator Lyda Green, Vice Chairman                                             
 Senator Georgianna Lincoln                                                    
 Senator Loren Leman                                                           
 Senator Bert Sharp                                                            
 Senator Robin Taylor                                                          
 Senator John Torgerson                                                        
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 ALSO IN ATTENDANCE                                                            
                                                                               
 Senator Jerry Ward                                                            
 Representative Scott Ogan, Co-Chairman, House Resources Committee             
 Representative Beverly Masek, Vice Chairman, House Resources                  
 Committee                                                                     
 Representative Reggie Joule                                                   
 Representative Vic Kohring                                                    
 Representative Fred Dyson                                                     
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Interim Hearing on Subsistence                                                
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 Mr. Rob Bosworth, Deputy Director                                             
 Department of Fish and Game                                                   
 P.O.Box 25526                                                                 
 Juneau AK 99802-5526                                                          
 POSITION STATEMENT:  Explained the Task Force proposal.                       
                                                                               
 Mr. Tim Schuerch                                                              
 Maniilaq Association                                                          
 P.O. Box 256                                                                  
 Kotzebue AK 99752                                                             
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Mr. Warren Olson                                                              
 5961 Orth Circle                                                              
 Anchorage AK 99516                                                            
 POSITION STATEMENT:  Commented on subsistence issues and opposed              
 constitutional amendment.                                                     
                                                                               
 Mr. Peter Probasco                                                            
 Alaska Outdoor Council                                                        
 P.O. Box 861                                                                  
 Palmer AK 99645                                                               
 POSITION STATEMENT:  Supported Mr. Olson's comments and opposed               
 constitutional amendment.                                                     
                                                                               
 Mr. Harry Wassink                                                             
 1340 W 23rd #A                                                                
 Anchorage AK 99503                                                            
 POSITION STATEMENT:  Opposed constitutional amendment.                        
                                                                               
 Mr. Bruce Knowles                                                             
 P.O.Box 873206                                                                
 Wasilla AK 99607                                                              
 POSITION STATEMENT:  Opposed constitutional amendment.                        
                                                                               
 Mr. Dean Babcock                                                              
 P.O. Box 521491                                                               
 Big Lake AK 99652                                                             
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Ms. Mary Babcock                                                              
 P.O. Box 521491                                                               
 Big Lake AK 99652                                                             
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Mr. Bud Smyth                                                                 
 P.O. Box 521362                                                               
 Big Lake AK 99652                                                             
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Ms. Kathleen Harms                                                            
 P.O. Box 521414                                                               
 Big Lake AK 99652                                                             
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 MR. Steve Miller                                                              
 3325 Palmdale                                                                 
 Wasilla AK 99654                                                              
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Mr. Duane Anderson                                                            
 HC5 - Box 6870                                                                
 Palmer AK 99645                                                               
 POSITION STATEMENT:  Opposed a constitutional amendment.                      
                                                                               
 Mr. Robert Hall                                                               
 Houston Chamber of Commerce                                                   
 P.O. Box 871906                                                               
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Commented on subsistence issues.                         
                      Opposed Task Force.                                      
                                                                               
 Mr. Gene Straatmeyer, Pastor                                                  
 Wasilla First Presbyterian Church                                             
 Alaska Christian Conference                                                   
 P.O. Box 976711                                                               
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Mr. Al Doner                                                                  
 700 Glenwood Dr.                                                              
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Opposed constitutional amendment.                        
                                                                               
 Mr. James Garhart                                                             
 2480 Green Forest Dr.                                                         
 P.O. Box 982533                                                               
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Opposed constitutional amendment.                        
                                                                               
 Mr. Rob Holt                                                                  
 P.O. Box 489                                                                  
 Talkeetna AK 99676                                                            
 POSITION STATEMENT:  Commented on subsistence issues.                         
                      Opposed Task Force.                                      
                                                                               
 Mr. Mark Chryson, Vice Chairman                                               
 Alaska Independence Party                                                     
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Opposed the Task Force proposal.                         
                                                                               
 Ms. Beverly Cloud                                                             
 Pedro Bay AK 99647                                                            
 POSITION STATEMENT:  Commented on subsistence issues.                         
                                                                               
 Mr. Jim Stocker                                                               
 Wasilla AK 99687                                                              
 POSITION STATEMENT:  Supported impeaching Governor Knowles.                   
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-41, SIDE A                                                            
                                                                               
 CHAIRMAN HALFORD called the Senate Resources Committee meeting to             
 order at 2:00 p.m.                                                            
                                                                               
 MR. ROB BOSWORTH, Deputy Director, Department of Fish and Game,               
 said he served as staff to the Task Force.  He said he was not                
 present in the room for much of the discussion.  The basic package            
 consists of three parts.  The goals were to insure effective State            
 authority over fish and game management over all lands and waters             
 of Alaska and to recognize the importance of the subsistence way of           
 life to Alaskans.  They believed the best way to develop those                
 goals was to develop a constitutional amendment, changes to ANILCA            
 and State statutes.  This is what is referred to as the package.              
 The parts are all linked with each part dependent upon the others             
 for its implementation, so that no part will exist independently.             
                                                                               
 CHAIRMAN HALFORD asked him to detail the linkage as they heard                
 testimony yesterday that there wasn't linkage in every direction.             
                                                                               
 MR. BOSWORTH explained that the linkage might work different under            
 different scenarios.  If ANILCA amendments were passed by the U.S.            
 Congress and the State statutes are amended by the legislature,               
 none of them would come into effect until the State constitutional            
 amendment is passed by the voters.  The principal of the goal of              
 the group was when Alaskans vote on a constitutional amendment,               
 they would know precisely what they are voting on.                            
                                                                               
 He said it seemed obvious to him if ANILCA amendments were not                
 passed by congress or if the legislature had not passed statutory             
 changes at the time of the constitutional amendment, a different              
 linkage arrangement would have to be worked out.  He thought that             
 different language would be needed for the different scenarios.               
                                                                               
 Under the proposal the State Constitution would be amended to                 
 permit, but not require, the Alaska legislature to grant a                    
 subsistence priority based upon place of residence.                           
 Simultaneously, State statutes would be amended to create a rural             
 subsistence priority.  Those statutes and the ANILCA amendment                
 would not become effective unless the constitutional amendment was            
 passed.                                                                       
                                                                               
 In the second part of the package the Alaska fish and game statutes           
 would be amended to grant a subsistence priority to rural                     
 residents.  Communities outside the current non-subsistence areas             
 will be classified as rural the day the State regains management.             
 The Boards of Fisheries and Game acting jointly through regulations           
 would have the power to change community classifications in the               
 future as the community changes.  The State statutes would also be            
 amended to improve the proxy hunting and fishing provisions and to            
 provide for educational hunting and fishing permits, to clarify the           
 definition of rural, customary trade, and customary and                       
 traditional.  It will make clear that the subsistence priority is             
 a reasonable opportunity to take, but not a guarantee of taking,              
 and to refine subsistence management system including adding a                
 State regional council system.                                                
                                                                               
 The third part of the package is the amendments to ANILCA which               
 would mirror the definitions put into State statute.  This would              
 include a definition of rural which is a community or area                    
 substantially dependent on fish and game for nutritional or other             
 subsistence uses.                                                             
                                                                               
 CHAIRMAN HALFORD commented that that was a significant broadening             
 of the language.                                                              
                                                                               
 MR. BOSWORTH said that question has been debated.  In the existing            
 law a number of criteria were included for the Board to use in                
 making the call as to whether a community was rural or not.  Under            
 the proposal the criteria is similar for the Boards.  So the                  
 Boards, through the regulatory process, would have to add guidance            
 to that term.                                                                 
                                                                               
 In addition customary trade is defined so that subsistence taking             
 of fish and game cannot become a commercial enterprise.                       
                                                                               
 CHAIRMAN HALFORD asked if the intent of this section was to                   
 actually limit the Peratrovich case.                                          
                                                                               
 MR. BOSWORTH answered absolutely.  He said the intent was to allow            
 the Boards to limit the quantity of product that qualifies as                 
 customary trade.                                                              
                                                                               
 SENATOR TAYLOR said he didn't understand what they were trying to             
 accomplish through the definition because they all want to make               
 certain that subsistence will not be abused under barter and trade            
 in a fashion that would turn it into a commercial enterprise only.            
 He said there is apparently a desire to maintain barter and trade             
 for cash purposes at some lower level.  He was concerned about what           
 objective standards we're going to use to judge whether that has or           
 has not occurred.                                                             
                                                                               
 MR. BOSWORTH responded that the standards in the definition are not           
 as definitive as he is asking for.  Under the proposal customary              
 trade means the limited, non-commercial exchange for cash of fish             
 or wildlife or their parts in minimal quantities as restricted by             
 the appropriate Board.  The terms of this paragraph do not restrict           
 money sales of furs and fur-bearers.  He said he wasn't party to              
 the minimal quantity discussion and didn't know why the group                 
 decided to change it.  He thought the operative word was minimal.             
                                                                               
 SENATOR TAYLOR said he thought the answer to Chairman Halford's               
 question was that this provision was intended to reverse or take              
 care of the Peratrovich case and asked if he thought those words              
 actually did that.                                                            
                                                                               
 MR. BOSWORTH replied in his view the Board of Fisheries did an                
 excellent job in addressing the use of roe on kelp which is the               
 same product that was operative in the Peratrovich case.  This                
 language does allow the Board of Fisheries to narrowly define the             
 limits on customary trade. In the case of herring roe on kelp they            
 used 138 lbs. per household or 50 lbs. per individual as the limit            
 that could be traded for cash.  That's on the books now.  He                  
 thought this was a reverse of the Peratrovich decision.                       
                                                                               
 CHAIRMAN HALFORD inserted that the problem is that it was a federal           
 court that decided the Peratrovich case and if that case stands,              
 why should anyone be involved in a limited entry permit or anything           
 else.                                                                         
                                                                               
 MR. BOSWORTH said he didn't disagree, but his understanding is if             
 the Federal Subsistence Board were to manage fisheries they would             
 interpret customary trade along the lines of the Peratrovich                  
 decision.  Another assumption he is making is if the State were to            
 manage under this proposal, the State Boards would be able to                 
 narrowly limit customary trade as they have done in the case of               
 herring roe and kelp.                                                         
                                                                               
 CHAIRMAN HALFORD asked if that was a federal law change in that               
 case.                                                                         
                                                                               
 MR. BOSWORTH replied that he doubted that fish as customary trade             
 would be included as one of the ANILCA amendments.                            
                                                                               
 CHAIRMAN HALFORD said otherwise it would be a federal judge making            
 the decision no matter what the State does.                                   
                                                                               
 SENATOR TAYLOR said he thought that this was different from what              
 Mr. Julian Mason told the committee yesterday.                                
                                                                               
 MR. BOSWORTH reiterated that the intent was to take the definitions           
 in State statute and have them inserted in ANILCA as well.                    
                                                                               
 SENATOR TAYLOR asked if it was the intent of the Task Force that a            
 cash utilization of subsistence caught resources will continue.               
                                                                               
 MR. BOSWORTH replied yes, at a minimal and non-commercial level, as           
 defined by the Boards.                                                        
                                                                               
 SENATOR WARD asked if the federal government was imposing a rural             
 preference, would that need to be part of the Canadian Treaty that            
 is currently being negotiated.  He asked if the group discussed any           
 kind of definition of native subsistence and could he have a copy             
 of that discussion if they did.                                               
                                                                               
 MR. BOSWORTH responded that they did not discuss any sort of a                
 native preference.                                                            
                                                                               
 SENATOR WARD said it would be helpful to this committee if there              
 was a definition of native subsistence mentioned by the Lieutenant            
 Governor in a speech to congress and he assumed there was one                 
 somewhere because he didn't think you could just say something like           
 that to congress and not have a definition.                                   
                                                                               
 MR. BOSWORTH said he would be happy to provide the committee with             
 the text of the discussion on this topic.                                     
                                                                               
 SENATOR WARD said if the Lieutenant Governor mis-spoke and meant to           
 say rural subsistence, he wanted him to present to the committee              
 that language.                                                                
                                                                               
 MR. BOSWORTH said they ended up with customary trade being the                
 definition that would be in the ANILCA amendments.  Customary and             
 traditional is an operative, but undefined term in ANILCA.                    
 Finally, he said, the concept of reasonable opportunity will be               
 defined to make clear that the priority is a reasonable opportunity           
 to take, not a guarantee of taking, and the Boards must consider              
 customary and traditional uses.                                               
                                                                               
 Regarding court oversight, section 807 will be amended to set the             
 standard of review for actions of the Fish and Game Boards to                 
 require the federal courts to give Board decisions the same                   
 deference that would be given to a federal agency decision.  Adding           
 these standards does not seem to change current federal law, but              
 the standards are not explicit in Title 8.                                    
                                                                               
 CHAIRMAN HALFORD asked if he thought it was the intent of the                 
 group, in defining reasonably opportunity, to reverse the other               
 case that stands out.  The Bobby case.                                        
                                                                               
 MR. BOSWORTH said he wasn't part of discussions on that issue.                
                                                                               
 CHAIRMAN HALFORD informed them that the Bobby case says basically             
 that you have to have eliminated all other uses before you can, in            
 any way, set a season, bag limit, or any kind of a regulation on              
 subsistence.                                                                  
                                                                               
 MR. BOSWORTH responded that he thought it was a very important                
 case, but he wasn't part of the discussions concerning it.                    
                                                                               
 SENATOR LEMAN asked if he recalled any conversations on whether or            
 not there was recognition of other customary and traditional use              
 patterns, not necessarily subsistence and how that might integrate            
 into an interpretation of what customary and traditional might be.            
 He said he could think of customary use patterns other than                   
 subsistence activities in some areas.  He asked if it was the                 
 thought of the Task Force that they didn't want to upset those                
 other patterns with a preference for subsistence.                             
                                                                               
 MR. BOSWORTH replied that he didn't know if that was discussed, but           
 it wasn't discussed in his presence.  He knew it was one of the               
 guiding principles of the group that they would make only the                 
 changes that were minimally necessary to come into compliance with            
 federal law.                                                                  
                                                                               
 SENATOR TAYLOR asked him to clarify if they wanted to minimally               
 change Alaska law to bring them into compliance with the confines             
 of ANILCA.                                                                    
                                                                               
 MR. BOSWORTH said that was one of the principles that was                     
 articulated early in the process.                                             
                                                                               
 SENATOR TAYLOR asked if he knew where that principle came from.               
                                                                               
 MR. BOSWORTH said he couldn't answer that, but it was adopted by              
 the group.                                                                    
                                                                               
 SENATOR TAYLOR said he understood that they had at least two                  
 teleconferences with Secretary Babbit with one sit-down meeting in            
 which he told them the administration would tolerate no changes               
 significant or substantive to ANILCA and, in fact, threatened veto            
 by the President, if that was attempted by our congressional                  
 delegation.  So this was the group's idea of the least possible               
 changes that could be made to ANILCA that would pass muster with              
 Secretary Babbitt.  In this case, he thought they were trying to              
 please the powers in Washington D.C. at the administrative level as           
 opposed to resolving this concern for Alaskans.                               
                                                                               
 MR. BOSWORTH said that he agreed that they need an Alaskan solution           
 developed by Alaskans.                                                        
                                                                               
 REPRESENTATIVE MASEK questioned, dealing with section 7, the two              
 new sentences.                                                                
                                                                               
 MR. BOSWORTH said he didn't know the answer, but would find out for           
 her.                                                                          
                                                                               
 REPRESENTATIVE MASEK said she thought that section would be                   
 basically enforcing a federal mandate providing a priority for                
 rural Alaskan with federal court oversight - that the State would             
 be implementing a federal law under this section.                             
                                                                               
 MR. BOSWORTH said this is unfamiliar ground for him.  It is his               
 understanding that the group of seven determined that it was not              
 possible to completely eliminate federal court oversight, that                
 congress would simply not permit it.                                          
                                                                               
 REPRESENTATIVE MASEK said that instead it looks like the proposal             
 is asking us to change our State Constitution to allow for a rural            
 preference, but then the State court won't have the authority to              
 enforce statutes and provisions.  Instead we would be enforcing a             
 federal mandate again.  She asked if that was correct.                        
                                                                               
 MR. BOSWORTH answered that he wasn't qualified to speak to the                
 details of how the courts would interact on this.  But it is his              
 understanding that it was determined that is would not be possible            
 to completely remove the oversight of the federal courts.                     
                                                                               
 CHAIRMAN HALFORD said the amendments to 807 basically say that the            
 federal court has to treat State agencies in the same way with the            
 same deference they treat federal agencies, but that's all we get.            
 It's still a federal judge in a federal court that is still                   
 accountable to the Ninth Circuit, the most overturned circuit in              
 the country.  It's not federal management by federal wildlife                 
 biologists; it's federal management by federal judges in San                  
 Francisco.                                                                    
                                                                               
 SENATOR TAYLOR said this subject has obviously been discussed that            
 has a been a problem.  The big key words have been we are going to            
 get back management.  Well, we're not going to get it back if we              
 still have federal oversight.  He asked who said we couldn't have             
 management over our fish and game.  He asked if it was the                    
 administration through Secretary Babbitt and was that the threat              
 where we surrendered.                                                         
                                                                               
 MR. BOSWORTH responded that he wasn't party to those discussions              
 although he knows they did take place.  There were many                       
 conversations that the staff was not involved with.                           
                                                                               
 SENATOR TAYLOR said he wanted to be absolutely certain that this              
 proposal does not return fish and game management to the State of             
 Alaska free of federal oversight.                                             
                                                                               
 MR. BOSWORTH responded that federal oversight is not fully                    
 eliminated with this proposal.  He said the next category of                  
 amendments pertain to State management.  Title 8 would be amended             
 to make it clear that the State manages subsistence on all lands              
 and waters whether federal, State, or private.  Section 814 would             
 be amended so that the Secretary of Interior cannot interfere with            
 State regulations.  The definition of federal public lands will be            
 clarified to be sure and exclude all private and State lands.  The            
 collective purpose of these amendments is to make perfectly clear             
 that the State has full management authority while the State is in            
 compliance with ANILCA.                                                       
                                                                               
 SENATOR TAYLOR asked if the definition of federal lands included              
 waters, because the question of navigable waters and the regulation           
 of fisheries through the subsistence panels is unclear.                       
                                                                               
 MR. BOSWORTH said this was not an area where he was an expert, but            
 he read from the ANILCA land definitions on pages six and seven.              
 The term land means lands, waters, and interests therein.  That is            
 not affected by the amendments.                                               
                                                                               
 SENATOR TAYLOR said that he understood the short answer to be that            
 nothing in the proposal changes the definition in ANILCA of waters            
 subject to subsistence priority.                                              
                                                                               
 MR. BOSWORTH said the last category of ANILCA amendments speaks to            
 the congressional seal of approval of non-compliance and neutrality           
 on Indian Country.  Section 805 will be amended to declare the                
 State in compliance and to make future non-compliance a                       
 determination of the courts rather than the Secretary of Interior.            
                                                                               
 SENATOR TAYLOR commented again that even after this passes we would           
 be in front of the same federal judge.                                        
                                                                               
 MR. BOSWORTH replied yes and said that concluded his overview.                
                                                                               
 REPRESENTATIVE OGAN asked him to clarify the language on the first            
 page regarding the constitutional amendment.  He asked what other             
 natural resources meant and asked him to explain the ramifications            
 of the word "sold."                                                           
                                                                               
 MR. BOSWORTH said he thought that language applied not only to fish           
 and wildlife, but also to plants including aquatic plants which are           
 clearly managed for subsistence, but don't fall in the fish and               
 wildlife category.  If the legislature chose not to pass a law that           
 provided a priority for subsistence taking based on the place of              
 residence, he thought other parts of the package would not come               
 into effect and we would be back where we are today, basically.               
                                                                               
 REPRESENTATIVE OGAN said he understood it to mean that if the                 
 legislature decided not give a rural priority, they would be back             
 with a federal take-over.                                                     
                                                                               
 MR. BOSWORTH replied yes.                                                     
                                                                               
 SENATOR SHARP said he thought the wording would be misunderstood by           
 the general public, because it doesn't say that 85% of Alaskan                
 residents would not be able to qualify for a priority preference.             
 So he thought the language needed cleaning-up.                                
                                                                               
 CHAIRMAN HALFORD asked if this proposal applies only in times of              
 scarcity or does it apply all the time.                                       
                                                                               
 MR. BOSWORTH said it is meant that the Boards must provide                    
 regulations that provide a reasonable opportunity for subsistence             
 use, first and foremost.  All other uses are secondary to that.               
                                                                               
 CHAIRMAN HALFORD said that sometimes people misunderstand that                
 because they perceive that this happens in times of shortage, but             
 in fact, it happens all the time, but sometimes it has no impact              
 because there's adequate opportunity for everyone and there's no              
 shortage at all.                                                              
                                                                               
 MR. BOSWORTH said he thought that was an accurate characterization.           
                                                                               
 SENATOR TAYLOR asked if the term renewable natural resources                  
 included timber.                                                              
                                                                               
 MR. BOSWORTH answered that he had never heard a discussion of that            
 by the group of seven.  Personally, he thought it did.  It's been             
 acknowledged that trees used for log construction were considered             
 a subsistence use.                                                            
                                                                               
 SENATOR TAYLOR asked why the group wanted to expand the resource              
 category in areas where they had never really contemplated                    
 subsistence - like timber.                                                    
                                                                               
 TAPE 97-41, SIDE B                                                            
                                                                               
 MR. BOSWORTH replied that issue wasn't discussed in his presence.             
                                                                               
 REPRESENTATIVE OGAN said it seemed to him that with the expanded              
 version that any number of lawyers could argue that there's a                 
 subsistence use of virtually any renewable natural resource beyond            
 fish and game and this really concerns him.                                   
                                                                               
 CHAIRMAN HALFORD asked if there was a definition anywhere for                 
 renewable natural resource.                                                   
                                                                               
 MR. BOSWORTH answered that he would have to check to see if there             
 was a definition already in statute.                                          
                                                                               
 REPRESENTATIVE MASEK asked where the funding would come from to,              
 under the State statutory amendments, section (e) refine the                  
 subsistence management system including adding a State regional               
 subsistence council.  She asked if the regional councils would have           
 any decision-making authority.                                                
                                                                               
 MR. BOSWORTH replied that somewhere in the amendments there is a              
 statement saying the councils will be adequately funded which, he             
 realizes, is intent language.  Beyond that there is talk of ANILCA            
 being a funded federal mandate because it contains language                   
 providing for up to $5 million to the State to be used for                    
 implementation.  Prior to 1990 the Department of Fish and Game did            
 received $900,000 out of the $5 million that was split in numerous            
 ways.                                                                         
                                                                               
 Regarding the regional councils, they are advisory and that role              
 does carry over into State statute.  There is language saying that            
 an official recommendation of a regional council must be adopted by           
 the Board unless certain other conditions are met.  Those                     
 conditions are on page 39 and say unless it violates the sustained            
 yield principle, is not supported by substantial evidence, is                 
 detrimental to subsistence users, or involves an unresolved State-            
 wide inter-regional subsistence management issue, or is contrary to           
 an overriding State-wide fish or wildlife management interest.  The           
 last two conditions are new; the others are in ANILCA.                        
                                                                               
 REPRESENTATIVE MASEK said she hoped the funding for the councils              
 would not come out of fish and game funds or Pitman/Roberts dollars           
 because she hoped money from the hunters and fishers of the State             
 would be used for management of the resources.                                
                                                                               
 CHAIRMAN HALFORD asked if these councils make recommendations on              
 subsistence seasons and bag limits or do they make recommendations            
 on commercial fisheries, sport fish, etc.  Is there any limitation            
 on what they can make recommendations on, he asked.                           
                                                                               
 MR. BOSWORTH answered there was language specifically inserted to             
 make it clear that the recommendations only apply to subsistence              
 proposals.                                                                    
                                                                               
 CHAIRMAN HALFORD asked what the current federal law says.                     
                                                                               
 MR. BOSWORTH said he thought that prior to 1990 interpretation of             
 the federal law was an issue of considerable debate among the                 
 regional councils.  They interpreted their mandate as extending               
 beyond subsistence uses and the State did not agree.  He said he              
 would research that for him.                                                  
                                                                               
 SENATOR GREEN asked regarding page 40, line 10 why that was amended           
 to subsistence users.  The implication is that the subsistence user           
 is the only voice that will be listened to.                                   
                                                                               
 MR. BOSWORTH said he thought the reason it speaks to subsistence is           
 because it is a subsistence statute.  In the discussions he was in            
 there was never a suggestion that that would be the only                      
 information that would be useful to the Boards and councils.                  
                                                                               
 He said there are two places that he recalled with language                   
 specific to that issue.  One is on page 37, line 6.                           
                                                                               
 SENATOR TAYLOR asked if they used the terms recommendation and                
 proposal interchangeably.                                                     
                                                                               
 MR. BOSWORTH said no and explained that a proposal is used to refer           
 to the types of proposals that go before the Board and, hearing               
 those, this language requires that any subsistence proposal from              
 anyone and an advisory committee must go to the regional council.             
 Some of those would advance to the Board simply as proposals,  some           
 would advance as proposals with comments by the regional council,             
 and some of them would be recommendations.  It's only when they are           
 recommendations do they carry the special weight and ANILCA.                  
                                                                               
 He directed them to page 39, line 7 where it says the appropriate             
 Boards shall consider the reports and recommendations of the                  
 regional subsistence councils and shall give deference to their               
 subsistence recommendations.                                                  
                                                                               
 MR. BOSWORTH said there was some lack of clarity yesterday                    
 regarding whether the Department of Fish and Game supports this               
 package and he stated that they do.  They think it's a workable and           
 balanced approach.                                                            
                                                                               
 CHAIRMAN HALFORD noted that the feds had already taken over                   
 management on game in 1989 - 90 and asked if they are really                  
 talking of the fisheries in the current perceived crisis.                     
                                                                               
 MR. BOSWORTH replied that we certainly are and the immediate issue            
 is federal intervention in subsistence fisheries on federal lands             
 and reserve waters.                                                           
                                                                               
 CHAIRMAN HALFORD again said that the feds had taken over management           
 of game years ago and Mr. Bosworth added that things are getting              
 even worse since it's taken a while for the federal program to get            
 rolling.                                                                      
                                                                               
 SENATOR LINCOLN said from a trip through eleven communities she               
 found that it was possible they were dividing this State with all             
 the subsistence discussion along racial lines and stated that was             
 a concern.  Yet, when she talks to people off the road they say               
 they need to work together as a whole State, that we are talking              
 about times of shortage and no one wants to see our fish and game             
 come to that point.  She visited a group of four communities where            
 a lot of non-Alaskan hunters took 100,000 lbs of game out by one              
 airline.  The airline people told her there was spoiled meat and              
 that there were not enough people to monitor whether or not our               
 resources were being abused.                                                  
                                                                               
 She said she did not feel assured that the resources would be there           
 for her great-grandchildren.  She thought we had done a poor job of           
 managing our fish and game in many areas.  She supports State                 
 management, but asked if ADF&G supports this proposal, how can he             
 say that so soon since the proposal just came out.  She asked if              
 the Department actually went through the whole package and were               
 there areas in it that needed red flagging.                                   
                                                                               
 MR. BOSWORTH explained that the original draft came out in July.              
 There are some recommended changes that have already been                     
 incorporated in this draft.  They didn't hear from anyone who was             
 comfortable with the awkward position the State was in having to              
 comply with federal law that didn't meet all of our needs.  The               
 Department feels it's absolutely imperative that the State get back           
 to the point where it could manage on all lands and waters in the             
 State.  Dual management for their staff has been extraordinarily              
 stressful.  It has led to some people feeling their jobs are                  
 redundant because Board decisions are being second-guessed by                 
 federal managers.  They often attend a federal subsistence meeting            
 with the intention of providing information that will clarify a               
 resource issue and find their comments and data to be absolutely              
 ignored.  He said it's repetitive, duplicative, costly, wasteful of           
 time and effort, confusing to the public, and results in risk to              
 the resources.  In some cases the federal boards allocate a certain           
 portion with the State having already fully allocated that portion            
 of a population.  In these cases our Board has to go back and                 
 change the regulation to avoid a resource problem.                            
                                                                               
 REPRESENTATIVE DYSON said he had a conversation with the Department           
 of Interior and asked if the feds did take over, would they                   
 subcontract most of the hands-on management to the Alaska                     
 Department of Fish and Game.  And she said they would be delighted            
 to use them in any way they could.  He asked if there any                     
 preliminary discussions in that regard.                                       
                                                                               
 MR. BOSWORTH replied there had been no communication to that effect           
 and quite the contrary he was contacted last week by one of the               
 federal subsistence board members who represents the Forest Service           
 and he described the federal board's intention to proceed with the            
 draft regulations on or about October 1, followed by a public                 
 process of hearings, with the final regulations coming out March 1            
 that would implement federal management of subsistence fisheries on           
 federal reserve waters.  There was no suggestion whatsoever that              
 the State would have any unusual role.  He thought part of the                
 problem was that the necessary discussions hadn't taken place yet;            
 and he wasn't saying that wouldn't happen.                                    
                                                                               
 SENATOR SHARP said he didn't know if the feds could do a worse job            
 than the Division of Commercial Fisheries has done on escapement up           
 the Copper River for personal and subsistence use.  He explained              
 that last year was the biggest run of reds ever and they shut it              
 down to a two-day season.  The same happened this year.                       
                                                                               
 SENATOR TAYLOR said ADF&G decided there weren't enough moose in his           
 area of the Stikine River for anyone to hunt and shut the area                
 down, but the federal subsistence board opened it up and allowed              
 one moose.  So there was a time when you could not hunt on State              
 land, but you could hunt on federal land and you were checked                 
 almost daily if you were camped up the River by a U.S. Forest                 
 Service person.  To get a permit for the feds, he explained, you              
 have to take a test and watch a video.  He thought that the State             
 would do just about anything to get rid of dual management.                   
                                                                               
 He asked if the Forest Service is going ahead with navigable waters           
 regulations, that would mean there would be fish traps in his area.           
 If the Bobby Case means anything, he didn't know of a single                  
 restriction they could impose on the taking of those fish and still           
 be in compliance with that federal law.  He asked if Mr. Bosworth             
 did.                                                                          
                                                                               
 MR. BOSWORTH replied that he didn't know enough about the Bobby               
 Case to be able to comment.  He thought the point needed to be                
 clarified, however.                                                           
                                                                               
 SENATOR LEMAN said that Statehood did not come about to abolish               
 fish traps.  The timing of the two happened to coincide.  The                 
 primary public reason for abolishing fish traps was not because the           
 traps were taking too much fish and outside ownership of them, but            
 the issue of the State managing its own resources.                            
                                                                               
 CHAIRMAN HALFORD announced a 15-minute break.  When they reconvened           
 he announced that public testimony would begin.                               
                                                                               
 MR. TIM SCHUERCH, Maniilaq Association, said this region is known             
 as the Nana Region and is about as big as Oregon.  He said 90% of             
 the 7,000 people in his region are Inupiat Eskimo.  Almost everyone           
 hunts and fishes to feed their families.  Traditionally and                   
 modernly all their subsistence foods on the coast and inland are              
 shared among all Inupiats of both groups.  They prefer a native or            
 rural preference rather than a local or community preference.  The            
 latter option has too much potential for disrupting their tradition           
 of sharing their food with each other.  He said subsistence is a              
 primary means of support for all of them; it is how they define               
 themselves as individuals, as a community and a society, and as a             
 part of the great cycles of nature and part of a greater spiritual            
 reality.                                                                      
                                                                               
 Just as important as any economic or social cost would be the moral           
 harm that would befall families in the bush.  Hunting and                     
 butchering game is a way for families to teach their children                 
 wilderness skills, the value of hard work, the value of team work,            
 and the importance of sharing one's abundance with those in need.             
                                                                               
 Rural subsistence helps families in the bush to feed themselves.              
 It imposes little or no burden on urban Alaska.  A well-established           
 rural subsistence priority would be a major step in preserving                
 Alaska's traditional bush culture, including native culture in the            
 face of an ever-expanding urban population.  A rural subsistence              
 priority is in the best interests of all Alaskans.                            
                                                                               
 TAPE 97-42, SIDE A                                                            
                                                                               
 CHAIRMAN HALFORD asked him what would happen with federal                     
 management of fish in his area.                                               
                                                                               
 MR. SCHUERCH answered the impact on the small commercial chum                 
 fishery would be minimal.                                                     
                                                                               
 SENATOR TAYLOR asked him to explain what subsistence rights he                
 thought would be diminished if the legislature would adopt the Task           
 Force proposal.                                                               
                                                                               
 MR. SCHUERCH replied that he hadn't had time to review it.  After             
 the McDowell decision subsistence rights were diminished because              
 large amounts of people including those in urban areas currently              
 have a right to subsistence hunt and fish.  They are afraid too               
 many people will be able to go in and take fish and game from their           
 area.                                                                         
                                                                               
 SENATOR TAYLOR asked for the population of Kotzebue.                          
                                                                               
 MR. SCHUERCH answered a little over 3,000 people.                             
                                                                               
 SENATOR TAYLOR commented that under federal law he could live in              
 Wrangel and go to Kotzebue and take a bunch of caribou and this is            
 the law we are all trying to comply with.                                     
                                                                               
 MR. WARREN OLSON urged them to watch his video on the Public Trust            
 Doctrine narrated by Mr. Joseph L. Sax who was legal aide to                  
 Secretary of Interior Babbitt.  It is about individual rights above           
 subsistence.  He also suggested they read "Putting The Public Trust           
 Doctrine to Work" which was created by 29 coastal states, including           
 Alaska.  It explains fundamental rights about subsistence rights.             
 He also brought an AOC resolution, the Public Trust Doctrine in               
 Alaska by Gregory Cook, and a statement from the Colorado Supreme             
 Court stating that life, liberty and property are not [indisc]                
 items.                                                                        
                                                                               
 MR. OLSON quoted from a pamphlet written in 1977 by former                    
 Secretary of Interior Udall about Alaska native and their                     
 subsistence rights.  It states that it is not surprising that the             
 Alaska legislature dealt gingerly with the native subsistence issue           
 and made no effort to deal with the rights of the Alaska native as            
 a special class of citizen.  Under its constitution the State                 
 cannot single-out its natives or any other distinct class of                  
 citizens and grant them special rights.  This is particularly true            
 with respect to fishing in Article 8, Section 15.  The Alaska State           
 Constitution stopped the mark-up of ANILCA in its tracks at that              
 time and the players were aware of it.                                        
                                                                               
 A subsistence bill was passed by the Alaska legislature in 1978               
 which created a privilege among users.  At this moment the Alaska             
 legislators damaged the Constitution forever by weakening its                 
 regulatory powers of public trust and public trust doctrine.  The             
 intent of passing the State subsistence law in 1978 was not                   
 protection of certain users as the bill stated, but to damage the             
 management and regulatory responsibility of the State - the public            
 trust pertaining to uplands and public trust doctrine pertaining to           
 waters.                                                                       
                                                                               
 This allows the federal government to assume regulatory powers held           
 by the State on federal lands and waters.  Legally, in all other              
 states, the federal government can designate use on federal                   
 properties, but cannot manage users.  With the Alaska Constitution            
 damaged by the Alaska legislators, ANILCA was passed by congress in           
 1980 with management of users on federal lands and waters assumed             
 by the federal government.                                                    
                                                                               
 Alaska's Supreme Court has strengthened Alaska's Constitution,                
 Article 8, by acting favorably on numerous cases on resource use              
 and users since 1958.  He said research would show that before and            
 after statehood many cases saying no to allocating privileges and             
 creating preferences.  The Alaska legislature continues to have a             
 foot on both sides of the stream.                                             
                                                                               
 The State of Alaska in recent regular and even special sessions of            
 the legislature, have given active consideration to what the                  
 subsistence law of Alaska should be.  They have neither amended the           
 current Alaska subsistence law, nor proposed a constitutional                 
 amendment.  They have deliberately taken a position on subsistence            
 contrary to plaintiffs in McDowell II.                                        
                                                                               
 In conclusion he said the Alaska Supreme Court is doing its job on            
 public trust and public trust doctrine in regards to use and users,           
 but the legislature is going to have to look at the law and say               
 that any law creating a preference is going to have to be removed.            
 He said he is weakened as a plaintiff before Judge Holland in the             
 McDowell II case by their position.                                           
                                                                               
 MR. OLSON said the State was not being represented very well by the           
 Attorney General's office.                                                    
                                                                               
 MR. PETER PROBASCO, Alaska Outdoor Council, said they had appointed           
 Mr. Dick Bishop as their spokesman on subsistence and he had                  
 testified yesterday.  Mr. Probasco said he supported that testimony           
 fully and agreed that subsistence is a basic human right which                
 doesn't allow for discrimination between individuals.  They also              
 believe in the Alaska Constitution and don't think an amendment               
 should be proposed.  The federal government should not be dictating           
 to us what we need to do to our Constitution.  Amendments need to             
 be made to ANILCA and he asked the legislature to follow that path.           
                                                                               
                                                                               
 SENATOR TAYLOR asked if he thought the State should bring a direct-           
 action suit in the United States Supreme Court and challenge the              
 very constitutionality of ANILCA.                                             
                                                                               
 MR. PROBASCO answered that Alaska is the only state in the union              
 that is being treated in this manner in regards to dictation on our           
 constitution.  If it was before the U.S. Supreme Court and executed           
 in a fine manner he thought we would prevail.                                 
                                                                               
 MR. HARRY WASSINK said he had been following this issue for the               
 last 25 years or so.  He thought the most effective way to solve              
 the dilemma would be to first change Section 807 of ANILCA,                   
 although the Secretary of Interior doesn't like that idea, and then           
 see what other actions were needed.                                           
                                                                               
 He wanted to know what would happen if an agreement wasn't reached            
 immediately by October 1.                                                     
                                                                               
 CHAIRMAN HALFORD responded that nothing was going to happen                   
 legislatively, but they would take testimony.  The seasons that are           
 really in question probably don't come into conflict until next               
 April, May, or June.  The federal deadline has to do with adopting            
 regulations.  He personally believes that ANILCA, when applied to             
 fisheries, can't possibly work because it's been modified, extended           
 and defined by cases like the Bobby Case and the Peratrovich Case.            
 His opinion is if the legislature does absolutely nothing, congress           
 would change at least those two cases before they ever get it                 
 applied to commercial fisheries, because those two provisions are             
 absolutely disastrous to commercial fisheries.                                
                                                                               
 MR. BRUCE KNOWLES said he had a career in the military and had lost           
 a lot of friends.  He would not sell their lives cheaply.  As an              
 American he has certain rights.  When a foreign national is sworn             
 into American citizenship, she or he has those same rights.  He               
 will not give up his rights for a few fish or a few moose, he said.           
 That's what the federal government wants us to do.                            
                                                                               
 MR. KNOWLES said there is a shortage of fish and game in many areas           
 and that is why we are here today.                                            
                                                                               
 MR. DEAN BABCOCK, Ojibwa Indian, said he was in favor of all                  
 peoples sovereign right to subsistence, but he wanted to help them            
 understand the native way-of-life.  He said that natives who live             
 in a town can't go to the store and buy their native food like a              
 Spanish, Japanese, or Greek person.  People come in from the                  
 villages to Anchorage, bring in traditional foods, and share it               
 with other natives.  So it's not a preference, it's a sovereign,              
 traditional way-of-life.  He didn't think any native wanted                   
 preference, but they do want their way-of-life.                               
                                                                               
 SENATOR TAYLOR asked him if he had a chance to read the Task Force            
 proposal.                                                                     
                                                                               
 MR. BABCOCK said he just saw it three hours ago.  He said he hadn't           
 seen a draft yet that he would vote for, however.  He thought the             
 State should stand up for itself and when it comes down to                    
 management of fish and game, the traditional people of Alaska did             
 very well.                                                                    
                                                                               
 SENATOR LINCOLN asked what he thought native people would do in               
 times of shortage to have subsistence food.                                   
                                                                               
 MR. BABCOCK said he thought it came down to a simple matter of                
 genocide, because it hasn't been too many years that it was totally           
 traditional.  He explained that the Lieutenant Governor had been in           
 the villages and said that 60% was on an economy basis and 40% was            
 subsistence.  If you took the 60% away, the 40% would become 100%,            
 but if you took the 40% away, people would die.                               
                                                                               
 REPRESENTATIVE OGAN asked if he honestly thought people would die.            
                                                                               
 MR. BABCOCK replied yes.                                                      
                                                                               
 REPRESENTATIVE OGAN asked if he perceived the Alaska legislature              
 was trying to commit genocide.                                                
                                                                               
 MR. BABCOCK said he didn't see that, but he thought they needed to            
 take a hard look at his people.                                               
                                                                               
 REPRESENTATIVE MASEK said she grew up in Anvik on the Yukon River             
 and chose to leave about 10-years ago.  She has heard the culture             
 is diminishing, but that there are people in the public and private           
 sector who are trying really hard to protect and enhance health and           
 to continue on with the traditional life-style.  But, she asked,              
 what kind of culture is there left when there is so much                      
 alcoholism.  She said we can't go back into the past; we have to              
 move forward and what the federal government is doing to people in            
 rural areas is a disgrace.  If people back there want to be proud,            
 they can't have all these handouts and the benefits they are                  
 getting and still want more and more and more.  She said there's              
 more to it than just subsisting and having a traditional and                  
 cultural life-style.  She said it's o.k. to help out people, but              
 there has to be a check system along the way for all the benefits             
 that are going out there.  Currently, it's the saddest state since            
 ANCSA and ANILCA came about.                                                  
                                                                               
 In the late 60's when she was growing up they didn't have food                
 stamps and welfare.  No one was fighting about fishing and hunting;           
 they had to work to survive.  Today that life-style is totally                
 changed.  No one wants to take away the tradition and life-style,             
 but the question goes way beyond their right to hunt and fish.  It            
 goes to the future and where do we want to go as a State.  What is            
 rural Alaska going to in 20-years when there's no fish or caribou             
 because there is no State management to protect the resource for              
 the future of all Alaskan people.                                             
                                                                               
 MR. BABCOCK responded that he thought there needed to be co-                  
 management.  Our children is our most precious resource.  Tradition           
 carries the values and morals forward with it.                                
                                                                               
 REPRESENTATIVE MASEK said yes we can look at everything in the                
 past, but we have to move forward.  In this society today we are              
 all Alaskans and U.S. citizens even though our skins may be a                 
 different color.  We are all here as humans and we have to be                 
 treated equally.  She said we have to work together.                          
                                                                               
 MS. MARY BABCOCK, Yupik native, said that there are people in                 
 villages who don't have translators to tell them what is going on.            
 She came from a very well-to-do family and she is very proud of her           
 culture.  They had their own doctors, psychologists, and dentists.            
 They didn't need certificates.  She said she would like to eat her            
 native food, but she can't.  She said she would like her                      
 grandchildren to have what she has.                                           
                                                                               
 SENATOR LINCOLN thanked her for speaking and for bringing her                 
 daughter.  She said she thought that both sides, if there were                
 sides, would have to give a little bit.  She asked what was her               
 greatest worry for her child and her grandchildren if subsistence             
 is no longer available as she knew it.                                        
                                                                               
 MS. BABCOCK said there are those that go around and kill, but don't           
 need it.  People that don't care and don't use the animals.  She              
 said her family does not waste anything.  She grew up using moose             
 and caribou.                                                                  
                                                                               
 TAPE 97-42, SIDE B                                                            
                                                                               
 SENATOR TAYLOR said there is a lot of misinformation.  The federal            
 government in 1980 passed a law saying if you live in a city that             
 is too large, you do not qualify for subsistence and this is the              
 law that we are fighting.  Alaska should have a solution that will            
 take care of all people.                                                      
                                                                               
 SENATOR LINCOLN said she took exception to Senator Taylor's                   
 comments about the federal government.  She didn't want anyone                
 leaving this room thinking it's just the federal government because           
 we, the State government, have some ills.  We make laws and can               
 change some of those rules.  She said this body could have put the            
 question of rural preference before the people, but they chose not            
 to.                                                                           
                                                                               
 MR. BUD SMYTH said he had spent some time on a reservation and it             
 was a pretty good place for those who could hunt there.  He didn't            
 believe, necessarily, in that kind of privilege.  Subsistence is a            
 life which is pretty hard to take away from everybody.  The issue             
 will shape all of Alaska's future.  He thought they needed to put             
 some choice before the people to a vote on, but he didn't know if             
 they wanted to vote on the Task Force proposal or any question that           
 smacks of any politician questionnaire.  If there is a preference             
 they should name it for what it is.                                           
                                                                               
 He said the natives who testified didn't testify for subsistence;             
 it was for sovereignty and autonomy - to have a voice in what                 
 happened in their own backyard.  He said they feel powerless and              
 are threatened by some of the ways and postures that the                      
 legislators, in particular, put out.                                          
                                                                               
 Former Governor Jay Hammond said something about local subsistence            
 which he didn't think was a bad idea.  He didn't think anyone                 
 wanted someone else running over their backyard.                              
                                                                               
 He said there is obviously less game around Anchorage, but if we              
 manage our game properly we can tell the people in Anchorage where            
 to go.  There is no need for a preference, if there's no shortage,            
 if everyone has a reasonable chance of getting it.   He didn't                
 think we had to amend the Constitution which is pretty fair, but it           
 could be one of the choices to vote on.                                       
                                                                               
 He concluded saying that he believes in state's rights, but mostly            
 he believes in individual rights.                                             
                                                                               
 MS. KATHLEEN HARMS said she thought we are failing to address the             
 real matter and how it affects our future as Alaskans.  The depth             
 and significance of the real matter at stake has rendered Alaskans            
 afraid of any ordinary resolutions; it is the reason we fight so              
 ferociously and intransigently for our side of the argument.  She             
 said she is very proud that we are struggling.                                
                                                                               
 She said there can be no balance struck between identical forces.             
 The truth is that the earth is our mother; her gifts are our                  
 lifeline; we human beings must not and cannot be turned away from             
 her by law, alienation, misbegotten altruism or self regard.  The             
 fighters for subsistence all believe in and love the same truth.              
                                                                               
 The real conflict she sees is the way of the past and the                     
 necessities of the future and these are sucking the energy out of             
 our ability to visualize a future and to give our children a                  
 reformed and regenerated culture through which to live.                       
                                                                               
 She said we must ask the real questions which are: Who do we as               
 Alaskan people want to be?  Do we wish to be many, several - one?             
 How do we want to become?  What kind of culture do we want to be?             
                                                                               
 She said it is their duty to bring this matter to an election that            
 has not one yes or no choice, but several choices that represent              
 different directions our people may envision for us.                          
                                                                               
 MR. STEVE MILLER said he felt this matter is a bitter pill that is            
 being shoved down Alaska's throat and is a wedge for demagogues to            
 use to try and divide the people of Alaska and conquer.                       
                                                                               
 MR. MILLER said he has great respect for people in the bush.  They            
 have many problems, but they have many assets.  He said that                  
 subsistence is a way of life for his family, too.  He told the                
 committee that this issue has to be dealt with now rather than                
 later.                                                                        
                                                                               
 MR. DUANE ANDERSON said he had taught in the bush and knows that              
 they primarily have a system of welfare and subsistence with                  
 exceptions for certain communities.  He urged the committee to                
 resolve the issue and to read an article that he wrote for the                
 Anchorage Daily news on Friday.  He said he knew of no Alaskan who            
 would vote to convict another Alaskan of a federal fish or wildlife           
 subsistence charge.                                                           
                                                                               
 He related how in 1964 he visited Arctic Village and found the                
 inhabitants had a dollar economy, but went out to the huge caribou            
 herd that came by and slaughtered them only to use a quarter of the           
 meat.  He strongly supported Representative Masek's words that life           
 in the villages is a dead-end and urged villagers to face that fact           
 and create a new future.                                                      
                                                                               
 In conclusion he said he would never vote to sacrifice Alaskan                
 people on the block of the federal government just as much as those           
 fifty-five who said, "Give me liberty or give me death."  He                  
 implored them to find the difficult answers.                                  
                                                                               
 MR. ROBERT HALL, Houston Chamber of Commerce, said fishing king,              
 red, and silver salmon on the Little Su has been a popular major              
 local activity for many years.  Before the Parks Highway came                 
 through in the late 60's, local residents fed their families                  
 throughout the winter on salmon they caught in the Little Su and              
 many of them still live there today.  However, they are limited to            
 the few salmon they are allowed to harvest pursuant to sportfishing           
 regulations.  For many of them fishing is a way of life, but                  
 unfortunately the opportunity to harvest all salmon of all species            
 has been decimated.                                                           
                                                                               
 He asked the committee to use the subsistence issue as a way of               
 retaining control of fish and game, but also to review and make               
 major positive changes in the way we manage fish and game in                  
 Alaska.  He asked them to consider aspects of the modified Hammond            
 proposal that was just distributed to them which defines all of               
 Alaska as a subsistence area and all Alaskans as subsistence users            
 and grant subsistence users are priority in the game management               
 area they reside.  This proposal has received wide support.                   
                                                                               
 SENATOR LINCOLN asked if in listening to Mr. Mallott's rationale of           
 locking the members of the Task Force together to work on a                   
 solution, would he have conducted the resolution of this matter any           
 differently than what is being done now.                                      
                                                                               
 MR. HALL answered that he hoped the proposal was just a springboard           
 for discussion.                                                               
                                                                               
 TAPE 97-43, SIDE A                                                            
                                                                               
 He thought this whole crisis was being driven by the fear of                  
 reallocation from commercial fishermen.  He said he appreciated the           
 opportunity to testify.                                                       
                                                                               
 MR. GENE STRAATMEYER, Pastor, Wasilla First Presbyterian Church,              
 said they have a long relationship with RuralCap which sponsored a            
 subsistence round-table that drafted a proclamation.  They                    
 encouraged Alaska native and their efforts to maintain their                  
 culture, their subsistence, their way of life, and exercise                   
 stronger control over their own communities as the Alaska Native              
 Review Commission has recommended.                                            
                                                                               
 The churches of Alaska believe this is a moral issue and believe              
 that subsistence and sovereignty are understood.                              
                                                                               
 SENATOR LEMAN said he was trying to figure out how his position was           
 consistent with the AFN and the Task Force proposal.  He asked what           
 he wanted Alaskans to vote on.                                                
                                                                               
 MR. STRAATMEYER replied to amend the Constitution to allow a rural            
 preference on subsistence.                                                    
                                                                               
 SENATOR LEMAN said he also got into other issues like co-management           
 and wondered if he really understood what he was asking for.                  
                                                                               
 MR. STRAATMEYER responded that their position is that whatever                
 position keeps subsistence for native people gets their support.              
 Including rural subsistence would be appropriate.                             
                                                                               
 SENATOR LEMAN asked if he sensed there was any organized effort by            
 the legislature to deny that.                                                 
                                                                               
 MR. STRAATMEYER answered that he feels that.                                  
                                                                               
 SENATOR LEMAN asked him explain the moral issue.                              
                                                                               
 MR. STRAATMEYER said a vote would allow them to vote on an                    
 amendment that would keep a rural preference for the State and                
 which he personally favors.                                                   
                                                                               
 SENATOR LINCOLN asked if he believed if it were rural preference              
 that the sharing and caring with friends and relatives in urban               
 Alaska would be forgotten.                                                    
                                                                               
 MR. STRAATMEYER answered that he didn't think they would be                   
 forgotten.                                                                    
                                                                               
 MR. AL DONER said as a taxpayer and a citizen of Alaska and the               
 United States, the only thing that's important is for both                    
 constitutions to not be trashed.  Any proposal to amend the                   
 Constitution is a step backwards.  He thought we are all equal                
 under our Constitution and we have to keep that in there.  He                 
 thought we should use our time and energy to enhance our resources            
 rather than try to deal with this issue.  He supported                        
 Representative Masek's remarks and thought the rural provision was            
 terrible.                                                                     
                                                                               
 MR. JAMES GARHART said he wanted to remain a sovereign State.  If             
 we compromise our rights, we've just kind of given up.  Harvesting            
 a resource for non-commercial life-sustaining personal use is                 
 subsistence.  Denying subsistence is not management, it's genocide.           
 It has to be based on need.                                                   
                                                                               
 MR. DON CHRYSON said he disagreed with the overall plan and with              
 our State coming under the federal rule as far as subsistence is              
 concerned.  On pages 10 and 19 sport hunters are to be on advisory            
 boards and regional boards.  In most cases the number of sport                
 hunters are so miner or they don't exist at all.  There is no                 
 reference to sport hunters being on any of the park committees.               
                                                                               
 He suggested adding a section that would take care of unit 13 moose           
 and caribou subsistence hunters, the Kenai moose hunters at                   
 Tustamena, the Lake Clark/St. Elias sheep hunters, and the Round              
 Island walrus hunters all of whom are trophy hunters.  He suggested           
 that subsistence hunting in general have the trophy value of their            
 game destroyed.  This would not interfere with their food, but                
 would reduce the problem of people coming into reserves for                   
 trophies.                                                                     
                                                                               
 MR. ROB HOLT, professional hunter, said he thought the issue was              
 the eastern environmental establishment and their ability to                  
 control whatever happens on federal public land.  The native people           
 who live in the villages and live the subsistence lifestyle will              
 not go hungry.  He said that federal regulations don't enter into             
 their lives; however, they can regulate guiding away.  They could             
 use the rural priority without going through the federal                      
 subsistence board to deny a permit.  He thought everyone needed to            
 get together to do whatever we can to get rid of Title 8.                     
                                                                               
 MR. HOLT thought the fact was that the native people who truly live           
 that lifestyle will continue to live it no matter what happens, and           
 that's fine with him.  The only way they could get rid of Title 8             
 was to offer some serious concessions to the organized native                 
 community.  He informed them that subsistence precludes natives               
 from becoming professional guides and entering into another                   
 lifestyle because no one can hunt professionally on their land.               
                                                                               
 SENATOR TAYLOR thanked him for his comments and said there is                 
 another alternative which is to bring a direct action suit against            
 the United States Supreme Court challenging ANILCA, Title 8.                  
                                                                               
 SENATOR LINCOLN also thanked him for his comments, but said in her            
 district it's not that simple to go out and get a moose or caribou            
 whenever you want.  Some people do poach, but that isn't a                    
 recognized practice.  She also wanted to clarify that there were              
 many people who are rural who are also non-native.  There is                  
 another alternative which is to let people vote on rural                      
 preference.                                                                   
                                                                               
 MR. HOLT responded that when he travels to villages, the people he            
 sees are hunters.  However, there are a lot of people who don't               
 hunt.  He was not suggesting that they poach, he was suggesting               
 that the federal government will not regulate subsistence.  They              
 might like to think they will regulate that lifestyle, but they               
 will not.                                                                     
                                                                               
 TAPE 97-43, SIDE B                                                            
                                                                               
 He reiterated that in the long run, if there were concessions made            
 to natives to get this behind us, it would be o.k.                            
                                                                               
 MR. MARK CHRYSON, Vice Chairman, Alaska Independence Party, agreed            
 with the gentleman from Houston in that all Alaskans are                      
 subsistence users.  He did not think that taking of food to feed              
 people would stop just because someone doesn't live in what is                
 designated as a rural community.  Regarding the Task Force proposal           
 he thought its acceptance would be submission to blackmail.  He               
 thought we need to challenge Title 8 in the Supreme Court because             
 it is unconstitutional.  It denies Alaskans, regardless of their              
 color, the ability to feed themselves.                                        
                                                                               
 MR. CHRYSON said they, as legislators, should stand up for Alaska             
 and quit cow-towing to the federal government.                                
                                                                               
 REPRESENTATIVE OGAN commented that they have attempted to stand up            
 for Alaska with the Babbitt suit that was dropped. Unfortunately,             
 the Constitution does not allow the legislature to litigate; that             
 comes from the Governor's office.                                             
                                                                               
 MR. CHRYSON responded that the legislature has only been in power             
 for a few years and his point is that we have to do something now.            
                                                                               
 SENATOR LEMAN asked him how he thought they were trying to shove              
 this plan down their throats.                                                 
                                                                               
 MR. CHRYSON said he just wanted them to understand that he did not            
 want the Task Force proposal.                                                 
                                                                               
 MS. BEVERLY CLOUD said she serves on the Board of Directors for the           
 Pedro Bay Village Corporation since 1989.  She goes there to                  
 subsistence fish.  She said it is very important for these                    
 activities to continue especially for the people who live in the              
 cities, because they go back to the villages to hunt and fish.  She           
 didn't really care who was in charge of subsistence, the State or             
 the federal government.  She just wanted to continue to do what she           
 had been doing as her grandmother had and her grandmother before              
 her.  She opposed tying income to subsistence.                                
                                                                               
 SENATOR TAYLOR asked who or what was threatening her subsistence              
 lifestyle right now.                                                          
                                                                               
 MS. CLOUD replied if it was suddenly illegal for her to live here             
 and travel to her tribal lands and fish.                                      
                                                                               
 SENATOR TAYLOR explained that today that is illegal under ANILCA              
 because she lives in a large community, but they have chose to not            
 yet to enforce that law.  He said the threat is that they are going           
 to start enforcing it.                                                        
                                                                               
 MS. CLOUD stated that she is for a rural preference and thought               
 that was the only way to have co-management.  She said that people            
 in Pedro Bay know what the conditions are when the fish come in.              
                                                                               
 SENATOR TAYLOR explained that a rural preference would exclude 60%            
 of the native people who qualify now in the State of Alaska.                  
                                                                               
 REPRESENTATIVE JOULE commented that the State suggested using the             
 term "rural" in ANILCA.                                                       
                                                                               
 CHAIRMAN HALFORD said that it was suggested by the Department of              
 Law saying it would not be enforceable otherwise and the Governor             
 who didn't think it was fair back in 1980.                                    
                                                                               
 MS. CLOUD said without apology that because of her history she                
 feels she does have a right whether it's the federal government or            
 the State of Alaska that grants it.                                           
                                                                               
 MR. JIM STOCKER, 23-year Alaskan resident, said we could argue                
 subsistence until the cows come home and not get anywhere.  He is             
 wondering why no one has begun to impeachment Governor Knowles                
 because he took the Babbitt case away.  He thought that was an act            
 of treason against the State of Alaska and the people.  As long as            
 the federal government is involved, management is only going to get           
 worse.                                                                        
                                                                               
 CHAIRMAN HALFORD thanked everyone for their participation and                 
 adjourned the meeting.                                                        

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