05/07/2007 04:00 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB87 | |
| HB220 | |
| SB57 | |
| SJR4 | |
| HJR4 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 87 | TELECONFERENCED | |
| += | HB 220 | TELECONFERENCED | |
| += | SB 57 | TELECONFERENCED | |
| += | SJR 4 | TELECONFERENCED | |
| += | HJR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
May 7, 2007
4:07 p.m.
MEMBERS PRESENT
Senator Charlie Huggins, Chair
Senator Lyda Green
Senator Gary Stevens
Senator Lesil McGuire
Senator Bill Wielechowski
Senator Thomas Wagoner
MEMBERS ABSENT
Senator Bert Stedman, Vice Chair
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 87(FIN) am
"An Act relating to the Citizens' Advisory Commission on Federal
Management Areas in Alaska; and providing for an effective
date."
MOVED CSHB 87(FIN)am OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 220(JUD)
"An Act prohibiting computer-assisted remote hunting."
MOVED CSHB 220(JUD) OUT OF COMMITTEE
SENATE BILL NO. 57
"An Act relating to hunting in marine park units of the Alaska
state park system, amending the area within designated marine
park units of the Alaska state park system, and adding marine
park units to the Alaska state park system."
MOVED CSSB 57(RES) OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 4
Urging the attorney general, the producers of natural gas in the
Cook Inlet region, and the Regulatory Commission of Alaska to
work to secure long-term and affordable supplies of natural gas
for the people and businesses of the state.
MOVED CSSJR 4(RES) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 4(RLS)
Requesting the Federal Subsistence Board to rescind its
decisions regarding the subsistence fishery priority given to
Ninilchik, Happy Valley, Hope, and Cooper Landing residents.
MOVED SCS CSHJR 4(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 87
SHORT TITLE: CITIZEN ADVISORY COMM ON FEDERAL AREAS
SPONSOR(s): REPRESENTATIVE(s) KELLY
01/16/07 (H) PREFILE RELEASED 1/12/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) RES, FIN
01/24/07 (H) RES AT 1:00 PM CAPITOL 124
01/24/07 (H) Heard & Held
01/24/07 (H) MINUTE(RES)
01/31/07 (H) RES AT 1:00 PM CAPITOL 124
01/31/07 (H) Moved CSHB 87(RES) Out of Committee
01/31/07 (H) MINUTE(RES)
02/01/07 (H) RES RPT CS(RES) NT 5NR 1AM
02/01/07 (H) NR: KAWASAKI, ROSES, EDGMON, GATTO,
JOHNSON
02/01/07 (H) AM: WILSON
02/07/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/07/07 (H) Heard & Held
02/07/07 (H) MINUTE(FIN)
04/10/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/10/07 (H) Moved CSHB 87(FIN) Out of Committee
04/10/07 (H) MINUTE(FIN)
04/13/07 (H) FIN RPT CS(FIN) NT 4DP 5NR
04/13/07 (H) DP: CRAWFORD, FOSTER, STOLTZE, KELLY
04/13/07 (H) NR: GARA, NELSON, HAWKER, THOMAS, MEYER
04/18/07 (H) RLS AT 5:00 PM CAPITOL 106
04/18/07 (H) Moved CSHB 87(FIN) Out of Committee
04/18/07 (H) MINUTE(RLS)
04/19/07 (H) RLS RPT CS(FIN) NT 2DP 2NR
04/19/07 (H) DP: FAIRCLOUGH, COGHILL
04/19/07 (H) NR: HARRIS, JOHNSON
04/19/07 (H) RETURNED TO RLS COMMITTEE
05/02/07 (H) TRANSMITTED TO (S)
05/02/07 (H) VERSION: CSHB 87(FIN) AM
05/03/07 (S) READ THE FIRST TIME - REFERRALS
05/03/07 (S) RES, FIN
05/07/07 (S) RES AT 4:00 PM BUTROVICH 205
BILL: HB 220
SHORT TITLE: BAN COMPUTER-ASSISTED REMOTE HUNTING
SPONSOR(s): REPRESENTATIVE(s) BUCH
03/26/07 (H) READ THE FIRST TIME - REFERRALS
03/26/07 (H) RES, JUD, FIN
04/02/07 (H) RES AT 1:00 PM BARNES 124
04/02/07 (H) Moved CSHB 220(RES) Out of Committee
04/02/07 (H) MINUTE(RES)
04/03/07 (H) RES RPT CS(RES) 6DP 3NR
04/03/07 (H) DP: ROSES, WILSON, GUTTENBERG, EDGMON,
SEATON, GATTO
04/03/07 (H) NR: KAWASAKI, KOHRING, JOHNSON
04/13/07 (H) JUD AT 1:00 PM CAPITOL 120
04/13/07 (H) Moved CSHB 220(JUD) Out of Committee
04/13/07 (H) MINUTE(JUD)
04/16/07 (H) JUD RPT CS(JUD) 5DP
04/16/07 (H) DP: GRUENBERG, LYNN, SAMUELS, HOLMES,
RAMRAS
04/18/07 (H) FIN REFERRAL WAIVED
04/20/07 (H) TRANSMITTED TO (S)
04/20/07 (H) VERSION: CSHB 220(JUD)
04/23/07 (S) READ THE FIRST TIME - REFERRALS
04/23/07 (S) RES
04/30/07 (S) RES AT 3:30 PM BUTROVICH 205
04/30/07 (S) Heard & Held
04/30/07 (S) MINUTE(RES)
05/02/07 (S) RES AT 3:30 PM BUTROVICH 205
05/02/07 (S) -- MEETING CANCELED --
05/07/07 (S) RES AT 4:00 PM BUTROVICH 205
BILL: SB 57
SHORT TITLE: MARINE PARKS ADDITIONS/HUNTING ALLOWED
SPONSOR(s): SENATOR(s) ELTON
01/19/07 (S) READ THE FIRST TIME - REFERRALS
01/19/07 (S) RES, FIN
04/27/07 (S) RES AT 3:30 PM BUTROVICH 205
04/27/07 (S) Heard & Held
04/27/07 (S) MINUTE(RES)
05/02/07 (S) RES AT 3:30 PM BUTROVICH 205
05/02/07 (S) -- MEETING CANCELED --
05/07/07 (S) RES AT 4:00 PM BUTROVICH 205
BILL: SJR 4
SHORT TITLE: NATURAL GAS FOR STATE RESIDENTS
SPONSOR(s): SENATOR(s) WIELECHOWSKI
03/12/07 (S) READ THE FIRST TIME - REFERRALS
03/12/07 (S) L&C, RES
03/20/07 (S) L&C AT 1:30 PM BELTZ 211
03/20/07 (S) Heard & Held
03/20/07 (S) MINUTE(L&C)
03/22/07 (S) L&C AT 1:30 PM BELTZ 211
03/22/07 (S) Moved CSSJR 4(L&C) Out of Committee
03/22/07 (S) MINUTE(L&C)
03/23/07 (S) L&C RPT CS 2DP 1DNP 1NR SAME TITLE
03/23/07 (S) DP: ELLIS, DAVIS
03/23/07 (S) DNP: BUNDE
03/23/07 (S) NR: STEVENS
04/20/07 (S) RES AT 3:30 PM BUTROVICH 205
04/20/07 (S) <Above Bill Hearing Canceled>
04/25/07 (S) RES AT 3:30 PM BUTROVICH 205
04/25/07 (S) -- MEETING CANCELED --
04/27/07 (S) RES AT 3:30 PM BUTROVICH 205
04/27/07 (S) Heard & Held
04/27/07 (S) MINUTE(RES)
05/02/07 (S) RES AT 3:30 PM BUTROVICH 205
05/02/07 (S) -- MEETING CANCELED --
05/07/07 (S) RES AT 4:00 PM BUTROVICH 205
BILL: HJR 4
SHORT TITLE: KENAI/KASILOF SUBSISTENCE PRIORITY
SPONSOR(s): REPRESENTATIVE(s) OLSON
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) FSH, RES
02/23/07 (H) FSH AT 8:30 AM CAPITOL 124
02/23/07 (H) Scheduled But Not Heard
02/26/07 (H) FSH AT 8:30 AM BARNES 124
02/26/07 (H) Heard & Held
02/26/07 (H) MINUTE(FSH)
03/02/07 (H) FSH AT 8:30 AM BARNES 124
03/02/07 (H) Moved CSHJR 4(FSH) Out of Committee
03/02/07 (H) MINUTE(FSH)
03/05/07 (H) FSH RPT CS(FSH) NT 3DP 1NR
03/05/07 (H) DP: JOHNSON, EDGMON, SEATON
03/05/07 (H) NR: LEDOUX
03/28/07 (H) RES AT 1:00 PM BARNES 124
03/28/07 (H) Scheduled But Not Heard
04/02/07 (H) RES AT 1:00 PM BARNES 124
04/02/07 (H) Heard & Held
04/02/07 (H) MINUTE(RES)
04/04/07 (H) RES AT 1:00 PM BARNES 124
04/04/07 (H) Moved CSHJR 4(FSH) Out of Committee
04/04/07 (H) MINUTE(RES)
04/05/07 (H) RES RPT CS(FSH) NT 5DP 1DNP
04/05/07 (H) DP: ROSES, SEATON, KOHRING, GATTO,
JOHNSON
04/05/07 (H) DNP: GUTTENBERG
04/16/07 (H) RETURNED TO RLS COMMITTEE
04/25/07 (H) RLS AT 5:00 PM CAPITOL 106
04/25/07 (H) Moved CSHJR 4(RLS) Out of Committee
04/25/07 (H) MINUTE(RLS)
04/26/07 (H) RLS RPT CS(RLS) NT 4DP 2NR
04/26/07 (H) DP: FAIRCLOUGH, SAMUELS, JOHNSON,
COGHILL
04/26/07 (H) NR: HARRIS, GUTTENBERG
04/27/07 (H) TRANSMITTED TO (S)
04/27/07 (H) VERSION: CSHJR 4(RLS)
04/30/07 (S) READ THE FIRST TIME - REFERRALS
04/30/07 (S) RES
05/02/07 (S) RES AT 3:30 PM BUTROVICH 205
05/02/07 (S) -- MEETING CANCELED --
05/07/07 (S) RES AT 4:00 PM BUTROVICH 205
WITNESS REGISTER
SUE STANCLIFF
Staff to Representative Mike Kelly
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on CSHB 87(FIN)am for the sponsor.
REPRESENTATIVE MIKE KELLY
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 87.
DICK MYLIUS, Director
Division of Mining, Land and Water
Department of Natural Resources (DNR)
POSITION STATEMENT: Supported CSHB 87(FIN)am.
TINA CUNNING, Special Assistant on federal issues
Alaska Department of Fish and Game (ADF&G)
Juneau AK
POSITION STATEMENT: Supported CSHB 87(FIN)am.
ROD ARNO
Alaska Outdoor Council
Anchorage AK
POSITION STATEMENT: Supported CSHB 87(FIN)am, CSHB 220(JUD), SB
57, HJR 4.
REPRESENTATIVE BOB BUCH
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 220.
JOE KLUTSCH
Alaska Professional Hunters Association
Anchorage AK
POSITION STATEMENT: Supported CSHB 220(JUD).
BOB FITHIAN, Executive Director
Alaska Professional Hunters Association
POSITION STATEMENT: Supported CSHB 220(JUD).
MATT ROBUS, Director
Division of Wildlife Conservation
Alaska Department of Fish and Game (ADF&G)
Juneau AK
POSITION STATEMENT: Supported CSHB 220(JUD).
SENATOR KIM ELTON
State Capitol
Juneau AK
POSITION STATEMENT: Sponsor of SB 57.
WAYNE REGELIN
Territorial Sportsmen, Inc. (TSI)
Juneau AK
POSITION STATEMENT: Strongly supported SB 57.
MIKE EBERHARDT, Superintendent of Southeast Area
Division of Parks and Recreation
Department of Natural Resources (DNR)
Juneau AK
POSITION STATEMENT: Answered questions on SB 57.
KEVIN BANKS, Acting Director
Division of Oil and Gas
Department of Natural Resources (DNR)
Juneau AK
POSITION STATEMENT: Supported SJR 4.
CONRAD JACKSON
Staff to Representative Kurt Olson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HJR 4 for the sponsor.
MIKE SEWRIGHT, Assistant Attorney General
Department of Law
Anchorage AK
POSITION STATEMENT: Answered questions on HJR 4.
ACTION NARRATIVE
CHAIR CHARLIE HUGGINS called the Senate Resources Standing
Committee meeting to order at 4:07:16 PM. Present at the call to
order were Senators Wagoner, Wielechowski, McGuire, Green,
Stevens and Huggins.
CSHB 87(FIN)am-CITIZEN ADVISORY COMM ON FEDERAL AREAS
4:07:58 PM
CHAIR HUGGINS announced HB 87 to be up for consideration.
[Before the committee was CSHB 87(FIN)am.]
SUE STANCLIFF, staff to Representative Mike Kelly, sponsor of HB
87, explained that this is a bill about public access on federal
lands. She explained that the Citizen's Advisory Commission on
Federal Areas was established previously in 1981 and this
legislation reestablishes it.
4:08:53 PM
REPRESENTATIVE MIKE KELLY explained that the Citizens Advisory
Commission on Federal Areas was started by Bettye Fahrenkamp in
1981 and it worked very well. It went away when oil was around
$9 a barrel. Its mission is to provide assistance to the public
affected by management on federal lands. The State of Alaska has
200 million to 230 million acres of this land.
CHAIR HUGGINS asked if there were natural enemies to this bill.
MS. STANCLIFF replied that none had been identified.
REPRESENTATIVE KELLY replied there were some concerns about
regional representation, but those were taken care of by putting
someone from each of the five regions on the commission. There
was also concern about its size, so membership was cut from 16
to 12 members. There were also concerns about keeping the fiscal
note down and office staff was decreased from 3 to 2 in that
regard. It's now a good bill.
4:11:00 PM
MS. STANCLIFF highlighted that this was a problem-solving
commission. She explained that ANILCA coordinators in both the
ADF&G and DNR represent the state's best interest, but this
commission was in charge of representing the citizens and when
it went away, citizens had minimal choices. Going to the
legislature was one choice, but it has limited expertise in
federal statutes, regulations and intent of congressional law.
People could go to the congressional delegation and to the
Secretary of the Interior, which they have also done, but those
possibilities can't be counted on because of changing
administrations.
4:13:25 PM
She said that even lands with no specific statutory conservation
restrictions are subject to steadily increasing administrative
designations and withdrawals that can result in reductions of
public uses. Those are just as prevalent today as they were 10
and 20 years ago. A state that has the massive federal land that
Alaska does needs this process.
MS. STANCLIFF said the commission was effective, for instance,
in developing the Kodiak plan that allowed cabins to remain on
the Refuge. Federal managers have a history of wanting to
eliminate trapping cabins, but the commission worked with the
trappers and they are now protected under ANILCA. The commission
was also effective in getting ANILCA boundaries actually mapped.
She said the Minerals Commission, the Fairbanks North Star
Borough, Alaska Miners Association, Kenai River Sport Fishing
Association and the Outdoor Council all support this
legislation.
4:14:49 PM
SENATOR WIELECHOWSKI said the fiscal note seemed big for an
advisory commission and he asked if some of the duties could be
performed by DNR staff.
MS. STANCLIFF replied that the DNR is already providing mapping,
office space, computer assistance, and the commission only needs
two staff people. The fiscal note includes a little more for the
first year to get them set up.
SENATOR WIELECHOWSKI asked how much per diem people get.
MS. STANCLIFF replied the standard per diem rate and she didn't
know what that was.
CHAIR HUGGINS said this bill goes to the Finance Committee where
that issue could be dealt with. He pointed out that the number
of people on the commission went from 16 to 12 and their
geographical distribution makes sense.
4:16:56 PM
DICK MYLIUS, Director, Division of Mining, Land and Water,
Department of Natural Resources (DNR), supported HB 87. He said
the department is not in a position to advocate for individuals,
which this commission does. He said that DNR has one full-time
person that works on federal land use plans. Just keeping up
with planning and regulations is more than enough work for him,
so he is not able to take on the additional commission
responsibilities.
4:18:23 PM
TINA CUNNING, Special Assistant to the Commissioner on federal
issues, Alaska Department of Fish and Game (ADF&G), supported HB
87. She said that ADF&G has two people who work on federal
issues and their primary focus is protecting state authorities
on management of fish and game. She also said the department
doesn't have the staff to deal with individual issues.
ROD ARNO, Alaska Outdoor Council, said he supported CSHB 87
(FIN) am.
4:20:30 PM
SENATOR STEVENS moved to pass CSHB 87(FIN) am from committee
with individual recommendations and attached fiscal note. There
were no objections and it was so ordered.
CSHB 220(JUD)-BAN COMPUTER-ASSISTED REMOTE HUNTING
4:21:48 PM
CHAIR HUGGINS announced to be up for consideration. [CSHB
220(JUD) was before the committee.]
REPRESENTATIVE BOB BUCH, sponsor of HB 220, said this bill talks
about Internet hunting, which is when a people anywhere in the
world can shoot animals from their living rooms by aiming and
firing a rifle from a computer keypad and making the kill with a
click of a mouse.
This bill does three things. It would prohibit individuals from
engaging in Internet hunting in Alaska, it would prohibit anyone
from providing services or operating facilities in the state to
enable computerized hunting activities, and finally it would
make sure that future technology designed to assist the
legitimate needs of handicapped or disabled hunters out in the
woods would not be subject the ban otherwise created in this
bill.
REPRESENTATIVE BUCH said HB 220 has a broad spectrum of support
including the Humane Society, the National Rifle Association
(NRA), the Society for Prevention of Cruelty to Animals (SPCA),
hunting organizations and the Alaska Department of Fish and Game
(ADF&G). One person in this building had objections [he
indicated Senator Wielechowski].
4:23:31 PM
SENATOR WAGONER asked if he were a rancher with his own herd of
buffalo, why wouldn't he be able to hunt like that. He said most
of the instances they are talking about occur on private land,
but with resources that are owned by the state.
REPRESENTATIVE BUCH answered:
We object to the fact that they are using it through
the Internet; that they're using a technology and our
objection is that they are not doing it in person and
care-taking for that critter, whatever that critter
is. There is a certain relevance there to that animal.
And it is a complete disregard to that animal and to
those of us who participate in the fair chase sport of
hunting.
JOE KLUTSCH, Alaska Professional Hunters Association, supported
HB 220. He said using the Internet it is not hunting. His
members are committed to fair chase hunting practices and
ethical standards of conduct. He stated:
The organization of killing animals by cyberspace and
robotics is not hunting. True hunting is a problem
solving exercise that involves planning, knowledge of
the species being pursued, its habitat. The hunter has
to be prepared to cope with all the elements in
nature, and particularly in Alaska. It involves real-
life drama that involves doubt, frustration, anxiety,
discovery, great physical and mental challenge, joy
and disappointment. And the outcome of the process is
by no means assured. That's what fair chase hunting
is.
MR. KLUTSCH said this bill follows the lead of many other
states.
4:27:01 PM
ROD ARNO, Alaska Outdoor Council, supported HB 220. He pointed
out that advertisements for Internet hunting say it can save you
days in the field, but that is just what the Council is
advocating - days in the field.
4:27:24 PM
BOB FITHIAN, Executive Director, Alaska Professional Hunter's
Association, deferred to Mr. Klutsch's testimony and followed
with a few other comments. He supported HB 220 saying that it
seeks to stop hunting that doesn't have any concept of fair
chase, wilderness lore, or stewardship and develops unneeded
anti-hunting sentiment.
SENATOR STEVENS asked Representative Buch to explain line 10.
REPRESENTATIVE BUCH answered that organizations like the "Make a
Wish Foundation" provide a final wish for disabled people who
are dying and he wasn't going to create a ban on technologies
that assist those people.
4:29:21 PM
MATT ROBUS, Director, Division of Wildlife Conservation, Alaska
Department of Fish and Game (ADF&G), said that the department
supported the bill and that the House amended it to deal with
his concern. At first it couldn't have possibly been interpreted
to allow somebody to remain at their residence and use this
technology in order to take an animal if they had disabilities.
He said the department has a very long and successful history of
accommodating persons with disabilities to allow equal access to
the extent possible to hunting opportunity. In fact, the Board
of Game has delegated through regulation to the division the job
of granting methods and means and exemptions to allow somebody
with a disability to use a method not used under the normal
hunting regulations. This has been backed up by the state ADA
coordinator in that the person in that situation has always been
required to make some sort of active attempt to go to the field
and participate in the taking of the animal. The bill still
requires the person with a disability to be present in the field
making a meaningful attempt to participate in the hunt.
SENATOR STEVENS asked if this is a minimal issue.
MR. ROBUS replied yes and it would be applied on a case by case
basis and be based on a person's ability to participate in a
hunt.
4:31:45 PM
SENATOR STEVENS moved to pass CSHB 220(JUD) from committee with
individual recommendations and attached fiscal note. There were
no objections and it was so ordered.
SB 57-MARINE PARKS ADDITIONS/HUNTING ALLOWED
4:32:35 PM
CHAIR HUGGINS announced SB 57 to be up for consideration.
SENATOR ELTON, sponsor of SB 57, said he would speak to version
K and that there were two changes in it. One is substantive and
the other is technical. Section 2 in the previous version
included redundant language, providing for a restriction to the
Department of Fish and Game that was already in statute. The
substantive change was the result of changing the boundary for
the marine parks to the 10 fathoms from 20 fathoms. The 10
fathom boundary is good for the park system and especially for
those who are using it because the 10 fathom line is what is
delineated on the marine charts that people use in navigating
these areas.
This bill is supported by the business community and the
Territorial Sportsmen, which is Southeast Alaska's premier group
that represents both sport hunters and sport fishers. It is also
supported by the only in-holder in the Marine Park System. He
has heard of no opposition to the bill.
CHAIR HUGGINS moved to adopt version K as a working document.
There were no objections.
4:36:15 PM
WAYNE REGELIN, Territorial Sportsmen, Inc. (TSI), strongly
supported SB 57. He said it contains important language that
assures that hunting, fishing, and trapping can continue. TSI
has a very close working relationship with the Marine Parks
people in Southeast Alaska and its volunteers have built four
public use cabins on marine parks. Costs get reduced further
through business donations and limited support comes from
legislative appropriations. In addition to recreational uses,
these cabins serve as emergency use for all recreational and
commercial boaters. The user fees cover the four cabins'
maintenance costs and since TSI does most of the maintenance
voluntarily he thought expansion of the marine park system would
provide more places for them to build public use cabins and
continue this program.
4:38:28 PM
SENATOR WAGONER asked if the 10-fathom requirement in Kachemak
Bay Marine Park was different.
MR. REGELIN replied that he didn't know what the boundaries are
there, but it's a much different program, not a state park.
SENATOR WAGONER said he was trying to figure out why the state
in some cases didn't have a standard criterion like the 10-
fathom line.
4:39:56 PM
ROD ARNO, Alaska Outdoor Council, supported SB 57.
4:40:55 PM
MIKE EBERHARDT, Superintendent of Southeast Area, Division of
Parks and Recreation, Department of Natural Resources (DNR),
said the 10-fathom boundary is normally drawn through aliquot
parks, which is the way large parcels of land are described in
general. The 10-fathom line is fairly new in the marine park
system because managing on waters is not the scope of his
statutory authority.
4:42:09 PM
SENATOR WIELECHOWSKI wanted to clarify section 2 where it says
the "commissioner may not prohibit fishing, hunting or trapping
within a marine park unit." He asked if there is a crash in the
moose population, could that resource still be protected.
MR. EBERHARDT replied yes and he would defer those situations to
the ADF&G.
SENATOR GREEN asked if lines 6 and 7 of section 2 in version A
that identify the commissioner of DNR were deleted since she
didn't see it in version K.
SENATOR ELTON replied that section 2 in version K refers to the
commissioner from DNR. A previous version had language that
addressed the ADF&G. That was taken out because it was already
covered in another part of AS 10.41.
4:43:50 PM
GARY MILLER, Juneau State Parks Advisory Board, supported SB 57.
He said the Board asked that this legislation be introduced
because of the issues already discussed. He explained that at
one time, Shelter Island was owned entirely by the State of
Alaska. The Division of Mining, Land and Water, which currently
manages the land, divided part of the island up and sold it and
now it has 152 private lots. He would be trespassing if he
hunted, camped, or picnicked on these lands. He said that both
Lincoln and Shelter Islands have good dear hunting and he has
hunted there for years. SB 57 will keep these lands open so he
could continue to hunt there.
4:44:57 PM
SENATOR STEVENS moved to pass CS for SB 57, version K, from
committee with individual recommendations and the attached
fiscal note. There were no objections CSSB 57(RES) moved from
committee.
SJR 4-NATURAL GAS FOR STATE RESIDENTS
4:45:38 PM
CHAIR HUGGINS announced SJR 4 to be up for consideration.
SENATOR WIELECHOWSKI, sponsor of SJR 4, said he presented this
bill a week or so ago and Senator Wagoner raised a concern and
prepared an amendment to address it, which he didn't object to.
4:46:17 PM
SENATOR WAGONER moved Amendment 1 as follows: on page 2, line
14, following "economy" to delete "employs approximately 58
residents," and to insert "directly and indirectly employs many
Alaskans,"
SENATOR WAGONER then objected for an explanation. He said that
originally the sponsor used 58 residents, which is just about
right for the Phillips side of it. But this is not just about a
ConocoPhillips plant, it is about a ConocoPhillips/Marathon
plant and affects many more jobs including pipeline operations,
the drilling of wells, and the operation of the Kenai and
Swanson River gas fields than just the original 58 mentioned. He
then withdrew his objection.
CHAIR HUGGINS found no further objections and Amendment 1 was
adopted.
4:47:25 PM
KEVIN BANKS, Acting Director, Division of Oil and Gas,
Department of Natural Resources (DNR), supported SJR 4. He said
it would positively contribute to discussions in Washington D.C.
about authorizing the license for the LNG plant.
4:48:11 PM
SENATOR STEVENS moved to pass CS for SJR 4 from committee with
individual recommendations and attached fiscal note. There were
no objections and CSSJR 4(RES) moved from committee.
CSHJR 4(RLS)-KENAI/KASILOF SUBSISTENCE PRIORITY
4:49:43 PM
CHAIR HUGGINS announced HJR 4 to be up for consideration. [CSHJR
4(RLS) was before the committee.]
CONRAD JACKSON, staff to Representative Kurt Olson, sponsor of
HJR 4, said it had been amended to ask the Federal Subsistence
Board to rescind its recent customary and traditional use
determination that grants subsistence priority for four
communities on the Kenai Peninsula - Ninilchik, Hope, Cooper
Landing, and Happy Valley. He said an amendment would be offered
and the sponsor did not object.
MR. JACKSON explained that at this point the Federal Subsistence
Board has ruled against the state on its request for
reconsideration.
CHAIR HUGGINS asked if there was any resistance.
MR. CONRAD replied that resistance has come from the Ninilchik
Tribal Council.
4:50:44 PM
TINA CUNNING, special assistant to the Commissioner of Alaska
Department of Fish and Game (ADF&G) on subsistence and federal
issues, supported CSHJR 4(RLS). She explained that the State of
Alaska was deeply troubled by the recent Federal Subsistence
Board decision on the Kenai Peninsula to grant the communities
of Ninilchik, Happy Valley, Hope and Cooper Landing a
subsistence priority in the Kenai and Kasilof River drainages.
She said the state has filed several requests for
reconsideration over the last year, most recently in January and
it was heard again last week. HJR 4 is consistent with the
state's various appeals.
MS. CUNNING explained:
Under state law these communities are regarded as non-
rural in nature and are part of the Anchorage/Mat-Su,
Kenai non-subsistence area. The Federal Board regarded
these communities as rural even though they are
surrounded by non-rural communities and it found that
they have a customary and traditional use of the Kenai
and Kasilof River drainages.
The state argues that the board did not base its
decisions on evidence that fulfills the eight criteria
required by federal regulations for making such
customary and traditional use determinations. For
example, the regulations require demonstration of a
long-term customary and traditional pattern of
consistent use by a community of the fish resource on
federal land. Instead, the board ignored and misused
the available data indicating that at most a very
small percentage - up to 7 percent - of Ninilchik
residents had fished in the area of the proposed
subsistence fishery in the study year. The data did
not demonstrate that required long-term pattern of
community use.
The board also neglected to take several factors into
consideration such as the changing demographics of
Ninilchik, the impact that Ninilchik's connection to
the available road system has on use levels and the
type of use - such as sport fishing, Ninilchik's
access to and more common use of local fisheries on
their doorstep, historical tribal use areas, which do
not include the Upper Kenai River area, and the
purposes of Kenai Refuge.
Considered collectively, these factors do not appear
to support a long-term consistent pattern of community
use. The state is concerned that the Cook Inlet
fisheries are already fully allocated and the board's
decision will eventually result in unnecessary
restriction of existing established uses, such as
commercial, sport, and personal use fishing. The state
is also concerned that the Federal Board does not
consistently apply the eight criteria with the
substantial evidence required by regulation before
making its C&T determination, does not consider
impacts of its decisions on other beneficial uses as
required by the Ninth Circuit Court decision in 2000,
has not adopted an applied criteria in regulations
that require substantial evidence before implementing
restrictions on closures on state-authorized
fisheries.
This issue before us is not about putting food on the
table; the state provides substantial opportunity for
personal and family consumption through personal use
fisheries and for cultural and educational purposes
through our educational fishery permits, which also
provide for consumption. The amounts of fish allowed
to be taken under the state fisheries far exceed the
numbers actually taken by the residents of Hope,
Cooper Landing, and Ninilchik.
4:54:19 PM
SENATOR WAGONER asked if - due to the federal board's blatant
disregard for its own criteria - this would open up an avenue
for the state to bring legal action against it.
MS. CUNNING answered that she believed so.
4:54:48 PM
MIKE SEWRIGHT, Assistant Attorney General, Department of Law,
said he wondered if the question was in the context of suing the
federal government for some type of damages or pursuing a court
action to the effect that the customary and traditional use
determinations are illegal and invalid.
SENATOR WAGONER said the reason he asked is that he thought the
only community that really should have any subsistence claims is
Ninilchik and more likely than not, probably just the Ninilchik
Tribe. For instance, Hope was a community that was developed at
the turn of the twentieth century as a gold mine town. Cooper
Landing was developed far later than that as was Happy Valley.
This is what happens when the federal government comes in and
decides what is rural based on zip codes. He urged that the
state bring legal action against the board.
4:56:43 PM
ROD ARNO, Executive Director, Alaska Outdoor Council, supported
HJR 4 saying he has been attending the federal board meetings
for years and he was at the last one when it denied the state's
request for reconsideration. He also agreed that the board had
been inconsistent in following its own regulations and the C&T
regulations were just one example of that.
However, Mr. Arno said he thought HJR 4 would be strengthened by
adding a clause that speaks to the intended use of the Kenai
National Wildlife Refuge. This refuge was created by Congress
and was renamed from the Kenai National Moose Range when ANILCA
was passed. In ANILCA Congress established nine new refuges
across the state and every one of them except the Kenai included
in its purpose the priority for continued subsistence uses by
local residents as a use. The one refuge that Congress didn't
include was the Kenai Refuge and Congress did not treat the
Kenai Refuge different by accident.
MR. ARNO said the questions on the purpose of the refuges were
exhausted in (d)(2) debates in the late 1970s. A preponderance
of the testimony then was the fact that these people recreated
on the Kenai. With that in mind, while language for subsistence
in the Kenai Refuge was purposely left out of section 303 (b)(5)
of ANILCA, language listed as a use "the opportunities for fish
and wildlife recreation." He explained:
That language was included, Mr. Chairman, because
Congress recognized that while subsistence uses of
local residents in the Kenai National Wildlife Refuge
was no longer characteristic of the area or its
people, recreational and personal use - taking of wild
fish and game by all the residents, 470,000, was
highly characteristic of the area. The Outdoor Council
believes that providing that opportunity for 1,800
residents that qualify for that would be detrimental
to Alaska....
5:00:53 PM
CHAIR HUGGINS moved Amendment 1.
25-LS0201\O.1
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HUGGINS
TO: CSHJR 4(RLS)
Page 1, line 15, following "priority;":
Insert "and
WHEREAS the United States Congress determined that, unlike
purposes of other federal refuges established or expanded by the
Alaska National Interest Lands Conservation Act, the rural
subsistence priority was not an appropriate purpose of the Kenai
National Wildlife Refuge, and, therefore, purposefully omitted
"continued subsistence uses by local rural residents" from the
list of purposes of the Kenai National Wildlife Refuge; and
WHEREAS, unlike its determination of purposes for other
federal refuges, the United States Congress chose to make fish-
and wildlife-oriented recreational opportunities a purpose of
the Kenai National Wildlife Refuge;"
CHAIR HUGGINS pointed out that Amendment 1 consists of two
elements. The first part is that Congress expressly omitted
continued subsistence uses by local rural residents on the Kenai
Refuge and secondly, it chose to make fish and wildlife-oriented
recreation opportunities a purpose of the Kenai National
Wildlife Refuge.
There were no objections and Amendment 1 was adopted.
5:01:45 PM
SENATOR STEVENS moved to pass from committee CS for HJR 4, as
amended, with individual recommendations and attached fiscal
note. There were no objections and SCS CSHJR 4(RES) moved from
committee.
There being no further business to come before the committee,
Chair Huggins adjourned the meeting at 5:02:18 PM.
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