01/29/2024 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB190 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 190 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
January 29, 2024
3:31 p.m.
MEMBERS PRESENT
Senator Cathy Giessel, Co-Chair
Senator Bill Wielechowski, Vice Chair (via teleconference)
Senator James Kaufman
Senator Forrest Dunbar
MEMBERS ABSENT
Senator Matt Claman
Senator Scott Kawasaki
Senator Click Bishop
COMMITTEE CALENDAR
SENATE BILL NO. 190
"An Act relating to big game hunts for persons with physical
disabilities; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 190
SHORT TITLE: BIG GAME HUNTING BY PERSON W/ DISABILITY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/18/24 (S) READ THE FIRST TIME - REFERRALS
01/18/24 (S) RES
01/29/24 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JOE FELKL, Legislative Liaison
Alaska Department of Fish & Game (ADFG)
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for SB 190.
IRA EDWARDS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 190.
LOUIS CUSACK, Executive Director
Safari Club International (SCI)
Chugach, Alaska
POSITION STATEMENT: Testified in support of SB 190.
DOUG VINCENT-LANG, Commissioner
Alaska Department of Fish & Game (ADFG)
Juneau, Alaska
POSITION STATEMENT: Presented SB 190 on behalf of Governor
Dunleavy and answered questions.
ACTION NARRATIVE
3:31:21 PM
CO-CHAIR CATHY GIESSEL called the Senate Resources Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Dunbar, Kaufman, and Co-Chair Giessel.
Senator Wielechowski joined via teleconference.
SB 190-BIG GAME HUNTING BY PERSON W/ DISABILITY
3:32:20 PM
CO-CHAIR GIESSEL announced the consideration of SENATE BILL NO.
190 "An Act relating to big game hunts for persons with physical
disabilities; and providing for an effective date."
3:33:15 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish &
Game (ADFG), presented SB 190 on behalf of the administration
and answered questions. He stated that the Alaska Board of
Fisheries established a hunt for disabled hunters in Kincaid
Park in Anchorage, Alaska. The Department of Law (DOL)
thereafter declared there was no statutory framework built into
statute to create this type of hunt as established for youth
hunts, so it was disallowed. SB 190 would create the statutory
foundation to allow the Alaska Board of Fisheries to create a
hunt for disabled hunters that meet established criteria for
being disabled in state statute. To qualify, a person must be at
least 70 percent disabled and accompanied by a licensed hunter
capable of retrieving game. It would be a permissive statutory
change. Any proposal to establish this type of hunt would need
to go through an involved board process, requiring public notice
and public comment. Many other states permit these types of
hunts per state statute.
3:36:08 PM
JOE FELKL, Legislative Liaison, Alaska Department of Fish & Game
(ADFG), Juneau, Alaska, provided the sectional analysis for SB
190:
SB 190: BIG GAME HUNTING BY PERSON W/ DISABILITY SECTIONAL
ANALYSIS VERSION A
Section 1: amends AS 16.05.255 by adding a new
subsection that provides statutory authority for the
Board of Game to establish hunts limited to
individuals with physical disabilities.
Section 2: transition section to allow the Board of
Game to adopt regulations necessary to implement the
bill.
Section 3: immediate effective date for section 2.
Section 4: effective date of January 1, 2025, for all
other provisions of the bill.
3:36:41 PM
SENATOR DUNBAR asked if proxy hunting is excluded under the
bill's framework.
3:37:02 PM
COMMISSIONER VINCENT-LANG replied yes, an individual could
already proxy hunt under existing rules, but could not proxy
hunt under SB 190.
3:37:16 PM
MR. FELKL added that current board regulations require the
individual to meet the 70 percent disability threshold in order
to qualify for proxy hunting.
3:37:49 PM
SENATOR DUNBAR asked if one disabled person could assist another
disabled person through proxy hunting.
3:38:06 PM
MR. FELKL replied that the question may need to be answered by
the Alaska Board of Fisheries, but he would seek further
information.
3:38:17 PM
MR. VINCENT-LANG stated his belief that only one is allowed at a
time.
3:38:38 PM
SENATOR DUNBAR said that SB 190 would potentially impact Kincaid
Park. The municipality is the landholder and would have to
provide consent before the hunt is created. He asked if the ADFG
would support the legislature adding clarifying language.
3:39:40 PM
COMMISSIONER VINCENT-LANG said he would prefer to confer with
the Department of Law (DOL) in light of existing home rule
issues.
3:40:03 PM
SENATOR DUNBAR invited Mr. Vincent-Lang to work with his office
and DOL. Some residents in Anchorage may express concerns about
SB 190 limiting community input.
3:40:31 PM
COMMISSIONER VINCENT-LANG suggested clarifying language stating
the bill does not intend to establish hunts in Kincaid Park.
There are currently bear hunts in Joint Base Elmendorf-
Richardson (JBER) in the municipality of Anchorage, so a broad
prohibition would be difficult in managing public safety
concerns.
3:41:08 PM
SENATOR DUNBAR concurred. He said the key difference is that the
municipality is not the land holder of JBER territory. There
were also concerns voiced about a potential bow hunt in Kingcaid
Park.
3:41:38 PM
COMMISSIONER VINCENT-LANG said there were unsuccessful
experiments with bow hunts in Anchorage.
3:41:48 PM
CO-CHAIR GIESSEL added that the municipality of Fairbanks would
have some interest in ensuring no mandates for Creamer's Field
territory.
3:41:59 PM
COMMISSIONER VINCENT-LANG conveyed that there are waterfowl
hunts in the Anchorage Coastal Wildlife Refuge area.
3:42:21 PM
CO-CHAIR GIESSEL clarified that SB 190 pertains to areas beyond
Kincaid Park. She asked about past constitutionality concerns
previously voiced by one group.
3:42:33 PM
COMMISSIONER VINCENT-LANG replied that he understands concerns
about constitutionality, however, the youth hunt has been in
statute for years and has remain unchallenged.
3:42:58 PM
CO-CHAIR GIESSEL announced invited testimony.
3:43:25 PM
IRA EDWARDS, representing self, Palmer, Alaska, testified in
support of SB 190. He has spent years working to create a hunt
in Kingcaid Park for physically disabled individuals. The hunt
was modeled after Delta Junction, which SB 190 would also
benefit. Alaska is currently the only state prohibiting a hunt
for physically disabled people. Last year, DOL determined that a
disability hunt, like youth hunts, would require statutory
authority. SB 190 would allow the board to create disability
hunts in Alaska for disabled people who meet statutory
definitions and would establish a statewide effect. Anchorage
has well-written code regarding the discharge of firearms and
permits hunts within the municipality.
He expressed appreciation for Governor Dunleavy helping to make
this effort possible.
3:45:41 PM
LOUIS CUSACK, Executive Director, Safari Club International
(SCI), Chugiak, Alaska, testified in support of SB 190. SB 190
allows disabled participants the same hunting opportunities as
DM795 veterans or Purple Heart recipients. The bill provides an
opportunity for Alaska to move forward in the right direction.
He reiterated that SB 190 is a statewide bill. Within hunting
regulations, every unit has its own stipulations depending on
land ownership and resources.
3:47:58 PM
CO-CHAIR concluded invited testimony.
3:48:19 PM
CO-CHAIR GIESSEL opened public testimony on SB 190; finding
none, she closed public testimony and set aside SB 190.
3:48:43 PM
CO-CHAIR GIESSEL moved to an overview of an ADFG presentation
titled "2023 Yukon Area Summer Season Update."
3:49:37 PM
COMMISSIONER VINCENT-LANG presented a "2023 Yukon Area Summer
Season Update." He said Yukon River fisheries have been
suffering for the past several years in Alaska. ADFG is
concerned about its impact on food security and cultural and
subsistence practices. He attended many public meetings across
the state, met with Tanana Chiefs Conference (TCC), and recently
participated on Yukon panel meetings to discuss concerns. He
provided an update on the past Yukon fishery season:
There are four salmon stocks in the Yukon region:
1. Summer chum, which primarily occur in Alaskan waters during
the summer
2. Chinook salmon, which pass through Alaskan waters;
45 percent pass through Canada
1. Fall chum salmon, which pass through Alaskan waters
40 percent pass into Canada
2. Coho salmon, which are primarily Alaskan-based
3:51:44 PM
COMMISSIONER VINCENT-LANG outlined the 2023 pre-season Yukon
Fishery outlook. He said that the outlook for Chinook salmon was
62,000 with a potential run size far below average, placing the
department into precautionary management measures. ADFG
developed a set of management measures four to five years ago
allowing it to target other fish species to provide subsistence
opportunities without catching Chinook salmon. Chinook salmon
were at a population of 58,529 in last year's cumulative
passage, which was the second lowest ever recorded. These salmon
are demonstrating continual poor river performance. ADFG is in
talks with the Canadian government and have tasked the Yukon
panel to reestablish the salmon population. Ten thousand Chinook
salmon passed through the dam on the Yukon River near Whitehorse
over a decade ago. Last year, less than one hundred Chinook
passed through the dam. He opined that the situation is dire and
could place the stocks under the Canadian Species at Risk Act
(SARA). The Summer Chum salmon pre-season outlook was 280
thousand, which met the goal but was lower than anticipated.
3:55:25 PM
COMMISSIONER VINCENT-LANG said ADFG has struggled to understand
why Chinook salmon have not recovered in the Yukon River. The
department plans to study the intercept of Chinook salmon
through genetic testing. The numbers do not add up, so there is
clearly something occurring within the ocean that is causing
poor fish health. Fish are returning in smaller size, younger
age, and do not have enough energy to reach Canada waters. Fish
are more prone to Ichthyophonus disease as a result of depleted
energy levels. The department established a marine science
program four to five years ago to study the ocean's effects on
fish longevity. The first three months out at sea is critical
for marine survival rates.
3:57:57 PM
COMMISSIONER VINCENT-LANG continued that answers are not easily
identifiable given the size of the ocean. The department is
working with other parties to study fish location, feeding
patterns, and the overlapping of species.
3:58:40 PM
CO-CHAIR GIESSEL inquired about the effect hatchery fish have on
overall salmon health.
3:59:06 PM
COMMISSIONER VINCENT-LANG replied that hatchery fish competition
is a complex issue. There is science on both sides of the
argument. ADFG is studying genetic integrity of pink salmon wild
stocks, but final results are not expected for another year-and-
a-half. The science on food competition is inconclusive.
4:00:19 PM
CO-CHAIR GIESSEL asked if he is referring to hatchery releases
occurring from territories outside of Alaska, such as China,
Korea, Japan, and other foreign countries.
4:00:32 PM
COMMISSIONER VINCENT-LANG replied that numerous hatchery
releases occur from China, Russia, Asia, and other foreign
countries. Bering Sea bycatch observations demonstrate primarily
Russian-origin chums, at 80 to 85 percent. If these fish are
causing food competition with Chinook salmon and wild chum in
the Yukon, stopping the bycatch of Chum salmon would halt 80
percent of food sources competing with Chinook salmon.
4:01:44 PM
COMMISSIONER VINCENT-LANG highlighted the fall season outlook:
there was a forecast of 251 thousand Chum salmon and 318
thousand fish passed, which provided optimism in meeting the
Canadian treaty obligation despite being the fifth lowest on
record. There was an underperformance of Coho salmon as they
have demonstrated over the last two years. ADFG established a
limited subsistence fishery for fall chum.
4:03:57 PM
COMMISSIONER VINCENT-LANG added that the marine science program
is adding to the understanding of fish run activity. He
expressed concerns about the inability for Canada-origin
fisheries to rebuild fish populations, which largely impacts the
success of Alaskan fisheries. It is in the state's best interest
to work with Canada to restore fish stocks.
4:05:02 PM
SENATOR DUNBAR asked for the list of tools used for improving
fishery outcomes.
4:05:17 PM
COMMISSIONER VINCENT-LANG replied that hatcheries, fish
incubation boxes, and habitat restoration efforts are tools
used. An opportunity exists to improve the habitat in Canada and
work in collaboration on rebuilding projects.
4:05:56 PM
COMMISSIONER VINCENT-LANG shifted to an update on the Area M
Fishery. He stated there was a harvest of 1.2 million chums in
this fishery in 2022, causing concern. The Board of Fisheries
met to determine steps forward, comprising debate over the best
course of action. The Board settled on a management plan
supported by four of seven board members, which established hard
caps that would penalize the fishery for exceeding the limit. It
also recognized that the fishing industry was in the best
position to cooperate to reduce Chum salmon harvesting.
Additionally, it closed some areas in waters that had higher
probabilities of catching Chum salmon. The harvest was reduced
to a limit of around 200 thousand Chum salmon despite some
disagreement.
4:08:05 PM
COMMISSIONER VINCENT-LANG noted that genetic testing
demonstrated that a vast majority of fish observed were not of
Arctic-Yukon-Kuskokwim (AYK) origin. He said Sockeye salmon
harvesting opportunities were voluntarily given up by local
residents as a result of population concerns.
4:09:21 PM
COMMISSIONER VINCENT-LANG spoke to market conditions. For the
first time in a long while, he has never seen the conditions
affecting the Alaskan salmon market. Currently, the Russian
seafood market is competing against the Alaskan market. Russian
fisheries are entering into the Pollock fishery market,
impacting the cost of Alaskan salmon. Russia uses cheaper labor
than in the Unites States to fish and process fish, which is
affecting Alaskan processors and global seafood markets. This
year, the administration has only recently realized the urgency
of this issue.
In February, the administration will meet with a group of
processors and fisherman to determine long and short-term
solutions and consider import/export limits on Russian and
Chinese seafood products. There is also consideration to
challenge the Marine Stewardship Council (MSC) certification of
Russian seafood. Coastal communities in Alaska are highly
dependent on fish taxes and would struggle amidst a market
collapse, which would result in a tough couple of years. ADFG is
working with U.S. Congress to discuss potential agricultural
protections for fisheries.
4:13:58 PM
COMMISSIONER VINCENT-LANG relayed that fisherman and processors
have expressed a high level of uncertainty, but ADFG is taking
this issue seriously. He does not currently have any
recommendations for the legislature but is reviewing potential
solutions.
4:15:01 PM
CO-CHAIR GIESSEL thanked him for the grave overview. She
asserted that this problem is directly affecting Alaskan
citizens.
4:15:31 PM
COMMISSIONER VINCENT-LANG added that the issue is not supply,
but demand in a competitive worldwide market. He stated that
operating costs in Alaska and unfair practices by foreign
entities impact the industry.
4:16:18 PM
SENATOR DUNBAR referenced a seafood trade expo in Southwestern
Europe he heard about from a colleague. He was informed that
other European countries with similar labor costs had huge
booths and showcased advertisements. In comparison, Alaska had a
much smaller booth. He asked if the state is being outcompeted
in the global seafood market.
4:17:24 PM
COMMISSIONER VINCENT-LANG opined that investing in marketing is
part of the solution but not the entirety of it. The emphasis on
the short-term should be to encourage American citizens to
purchase local Alaskan seafood products. The state could seek to
prevent foreign competition that comprises an unequal playing
field.
4:18:03 PM
CO-CHAIR GIESSEL said it reminds her of Iceland fish processing
which uses every part of the fish, including for skincare
products, fish skin lamps, pharmaceuticals, and other uses.
However, these developments required innovation from independent
companies. She hoped that the state could follow in Iceland's
path.
4:18:46 PM
SENATOR DUNBAR asked if stakeholders and independent fisherman
are concerned about over-consolidation of processing in some
markets. He suggested that to have the type of innovation
described by Co-Chair Giessel, a number of start-ups are
required. There are a relatively limited number of companies
that control the market in some parts of Alaska.
4:19:18 PM
COMMISSIONER VINCENT-LANG replied that it is part of the issue.
The approach should be broken up into short-term, medium-term,
and long-term benchmarks. He expressed concerns about the high
cost required to prepare fisherman for Bristol Bay operations,
oftentimes fronted by the processing sector. The sector does not
necessarily have the funds to process fish as a result of sales
from last year failing to meet goals. He said he believes that
for the first time, the state may not have enough fishing power
on the water to meet the quota.
4:20:20 PM
CO-CHAIR GIESSEL asked for the quantity of fish purchased by
school districts in the state.
4:20:34 PM
COMMISSIONER VINCENT-LANG replied that he is unsure of the
number. He expressed that the government seeks to ensure Alaskan
products reach Alaskan school districts through food
distribution systems. A fishery like Bristol Bay Alaska is not
designed to involve a small, home-packed processor. Alaska does
not have the freezer capacity to store fish on site, so a large
volume of the product is moved to China.
4:21:29 PM
CO-CHAIR GIESSEL suggested that this is a complex issue.
4:21:35 PM
COMMISSIONER VINCENT-LANG added that when ADFG created the
limited-entry permitting system 30-40 years ago, the Bristol Bay
fishing boats had one tenth the power of boats. Although boats
have far more fishing power, costs have risen and fewer fish are
caught due to market conditions. He suggested re-optimizing the
numbers of participants in these fisheries at a future date.
4:22:16 PM
CO-CHAIR GIESSEL noted that it raises the question about
foreign-owned fishing boat permits.
4:23:21 PM
There being no further business to come before the committee,
Co-Chair Giessel adjourned the Senate Resources Standing
Committee meeting at 4:23 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB190 Transmittal Letter Ver. A 01.29.24.pdf |
SRES 1/29/2024 3:30:00 PM |
SB 190 |
| SB190 Sectional Analysis Ver. A 01.29.24.pdf |
SRES 1/29/2024 3:30:00 PM |
SB 190 |
| SB 190 Fiscal Note ADFG 01.29.2024.pdf |
SRES 1/29/2024 3:30:00 PM |
SB 190 |
| ADFG Fisheries Update 01.29.24.pdf |
SRES 1/29/2024 3:30:00 PM |
|
| SB 190 ADFG Response to SRES Hearing 01.29.24.pdf |
SRES 1/29/2024 3:30:00 PM |
SB 190 |