Legislature(2017 - 2018)BUTROVICH 205

04/20/2018 03:30 PM RESOURCES

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Audio Topic
03:30:07 PM Start
03:30:39 PM HB130
03:52:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 130 GAME REFUGE/CRIT HABITAT AREA BOUNDARIES TELECONFERENCED
Moved SCS HB 130(RES) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 20, 2018                                                                                         
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Natasha von Imhof                                                                                                       
Senator Kevin Meyer                                                                                                             
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman                                                                                                            
Senator Click Bishop                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 130                                                                                                              
"An Act relating to the  Izembek State Game Refuge, Cape Newenham                                                               
State  Game Refuge,  Palmer  Hay Flats  State  Game Refuge,  Port                                                               
Moller  Critical  Habitat  Area, Egegik  Critical  Habitat  Area,                                                               
Pilot  Point  Critical Habitat  Area,  Fox  River Flats  Critical                                                               
Habitat Area, Kachemak Bay Critical  Habitat Area, and Dude Creek                                                               
Critical Habitat Area; and providing for an effective date."                                                                    
                                                                                                                                
     - MOVED SCS HB 130(RES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 130                                                                                                                  
SHORT TITLE: GAME REFUGE/CRIT HABITAT AREA BOUNDARIES                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/15/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/15/17       (H)       RES                                                                                                    
04/05/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/05/17       (H)       Heard & Held                                                                                           
04/05/17       (H)       MINUTE(RES)                                                                                            
04/07/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/07/17       (H)       Moved HB 130 Out of Committee                                                                          
04/07/17       (H)       MINUTE(RES)                                                                                            
04/08/17       (H)       RES RPT 7DP 2NR                                                                                        
04/08/17       (H)       DP:  BIRCH,  PARISH, WESTLAKE,  JOHNSON,                                                               
                         DRUMMOND, JOSEPHSON, TARR                                                                              
04/08/17       (H)       NR: TALERICO, RAUSCHER                                                                                 
04/28/17       (H)       TRANSMITTED TO (S)                                                                                     
04/28/17       (H)       VERSION: HB 130                                                                                        
05/03/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/17       (S)       RES                                                                                                    
02/02/18       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/02/18       (S)       Heard & Held                                                                                           
02/02/18       (S)       MINUTE(RES)                                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
AKIS  GIALOPSOS,   staff  to  Senator  Giessel   and  the  Senate                                                               
Resources Committee                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional  analysis for SCS HB 130                                                             
(RES) from version \A to version \J.                                                                                            
                                                                                                                                
BRUCE DALE, Director                                                                                                            
Division of Wildlife Conservation                                                                                               
Alaska Department of Fish and Game                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Commented on HB 130.                                                                                      
                                                                                                                                
TAMMY MASSIE, Biologist                                                                                                         
Division of Habitat                                                                                                             
Alaska Department of Fish and Game                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Wanted more time to review HB 130.                                                                        
                                                                                                                                
MORGAN FOSS, Legislative Liaison                                                                                                
Alaska Department of Fish and Game (ADF&G)                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on HB 130.                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:07 PM                                                                                                                    
CHAIR  CATHY   GIESSEL  called  the  Senate   Resources  Standing                                                             
Committee meeting  to order at 3:30  p.m. Present at the  call to                                                               
order  were  Senators  Coghill,   Meyer,  Von  Imhof,  and  Chair                                                               
Giessel.  Senators  Stedman  and  Bishop  were  excused.  Senator                                                               
Wielechowski might join them later.                                                                                             
                                                                                                                                
        HB 130-GAME REFUGE/CRIT HABITAT AREA BOUNDARIES                                                                     
                                                                                                                                
3:30:39 PM                                                                                                                    
CHAIR  GIESSEL announced  consideration  of HB  130 [version  30-                                                               
GH1871\A  was  before  the committee],  sponsored  by  the  Rules                                                               
Committee at the  request of the Governor. It was  first heard on                                                               
February 2 and public testimony was opened and closed.                                                                          
                                                                                                                                
3:31:01 PM                                                                                                                    
SENATOR  COGHILL moved  to adopt  SCS HB  130 (RES),  version 30-                                                               
GH1871\J, as the working document.                                                                                              
                                                                                                                                
CHAIR GIESSEL objected for an explanation.                                                                                      
                                                                                                                                
3:31:19 PM                                                                                                                    
AKIS  GIALOPSOS,   staff  to  Senator  Giessel   and  the  Senate                                                               
Resources  Committee, Alaska  State Legislature,  Juneau, Alaska,                                                               
provided a section analysis for SCS  HB 130 (RES) from version \A                                                               
to version \J.                                                                                                                  
                                                                                                                                
He said the  first set of changes are  formatting and legislative                                                               
legal changes.  This was done  because this is a  Governor's bill                                                               
that is going through the  legislative legal drafting process for                                                               
the first time.  So, certain conforming changes  needed to occur.                                                               
For example,  Section. 2  of the CS  (Page 2, Line  3 to  Page 3,                                                               
Line 15) formats reference to  AS 16.20.030(a) by simply removing                                                               
a superfluous  cross reference.  Nothing substantive  was removed                                                               
as a consequence.                                                                                                               
                                                                                                                                
The second  changes are in  Sections 10 and  11 of Version  A and                                                               
are moved to the beginning of the  CS, now named Sections 3 and 4                                                               
(Page 3,  Line 16 to  Page 6, Line 18).  No changes were  made in                                                               
the bill language for those sections.                                                                                           
                                                                                                                                
Finally, the  effective date in Version  A was July 1,  2017. The                                                               
effective date for the Senate  Committee Substitute (SCS) is July                                                               
1, 2018 (Section 50, Page 40, Line 19).                                                                                         
                                                                                                                                
3:31:44 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
3:32:44 PM                                                                                                                    
MR. GIALOPSOS  said the next  set of changes clarify  the purpose                                                               
of State Game Refuges and Critical Habitat Areas as follows:                                                                    
                                                                                                                                
Section. 1 of the  CS, a new section (Page 1, Line  11 to Page 2,                                                               
Line 2), updates  the language in AS 16.20.020  (Purpose of State                                                               
Game  Refuges) that  the purpose  of state  game refuges  are "to                                                               
conserve  [PROTECT] and  preserve  the natural  habitat and  game                                                               
population in certain designated areas of the state."                                                                           
                                                                                                                                
The same change happens on Section 41 of the CS (Page 32, Lines                                                                 
15-19), that updates the language in AS 16.20.500 (Purpose of                                                                   
State Critical Habitat Areas).                                                                                                  
                                                                                                                                
3:33:22 PM                                                                                                                    
A third tranche has a majority of the changes as follows:                                                                       
                                                                                                                                
     State  game refuges  which  allow  hunting are  renamed                                                                    
     "Game  Refuges  and  Hunting  Preserves."  That  change                                                                    
     conforms  with the  Anchorage  Coastal Wildlife  Refuge                                                                    
     being  renamed the  "Anchorage Coastal  Wildlife Refuge                                                                    
     and Hunting Preserve." (Section 6 of the CS).                                                                              
                                                                                                                                
     That  occurs  with  the Palmer  Hay  Flats  State  Game                                                                    
     Refuge being  renamed the "Palmer Hay  Flats State Game                                                                    
     Refuge  and   Hunting  Preserve."  And   conforms  with                                                                    
     Section 7, 8, 9, and 10 of the CS.                                                                                         
                                                                                                                                
     It's  true  with  Yakataga   State  Game  Refuge  being                                                                    
     renamed  the "Yakataga  State Game  Refuge and  Hunting                                                                    
     Preserve."  The  conforming  references  are  found  in                                                                    
     Sections 11, 12, 13, 14, 15, 16, and 17.                                                                                   
                                                                                                                                
     The  Mendenhall   Wetlands  State  Game   Refuge  being                                                                    
     renamed the "Mendenhall Wetlands  State Game Refuge and                                                                    
     Hunting  Preserve."  Conforming   references  found  in                                                                    
     Sections 18, 19, 20, and 21.                                                                                               
                                                                                                                                
     To the  Susitna Flats  State Game Refuge  being renamed                                                                    
     the  "Susitna  Flats  State  Game  Refuge  and  Hunting                                                                    
     Preserve." Conforming references  found in Sections 22,                                                                    
     23, 24, and 25.                                                                                                            
                                                                                                                                
     The  Minto Flats  State Game  Refuge being  renamed the                                                                    
     "Minto Flats  State Game Refuge and  Hunting Preserve."                                                                    
     Conforming  references are  found in  Sections 26,  27,                                                                    
     28, 29, 30, 31, and 31.                                                                                                    
                                                                                                                                
     The  Trading  Bay  State   Game  Refuge  being  renamed                                                                    
     "Trading Bay  State Game Refuge and  Hunting Preserve."                                                                    
      Conforming references are found in Sections 33, 34,                                                                       
     35, 36, 37, and 38.                                                                                                        
                                                                                                                                
     And  Creamer's Field  Migratory Waterfowl  Refuge being                                                                    
     renamed  the   "Creamer's  Field   Migratory  Waterfowl                                                                    
     Refuge  and  Hunting Preserve."  Conforming  references                                                                    
     are found in Sections 39 and 40.                                                                                           
                                                                                                                                
3:35:30 PM                                                                                                                    
Finally, he said  the CS inserts transition language,  which is a                                                               
new section 49 (Page 40,  Lines 12-18) clarifying the Departments                                                               
of  Natural Resources  and  Fish and  Game  will update  physical                                                               
signage   and  literature   on  an   as-needed  basis,   and  not                                                               
specifically  because  of  any  changes  in  Sections  6-40,  the                                                               
renaming  provisions. However,  the  transition language  directs                                                               
those departments to update their digital publications.                                                                         
                                                                                                                                
CHAIR GIESSEL thanked him and  reiterated the reason for this CS:                                                               
-Our hunting  tradition drove the  creation of these  refuges and                                                               
that needs to be reaffirmed.                                                                                                    
-Pitman  Roberts funds,  which come  from outdoorsmen  purchasing                                                               
ammunition keep our game refuges open.                                                                                          
-The  word  "refuge" means  different  things  to different  user                                                               
groups. The refuges listed here are  meant to be used by multiple                                                               
user groups, hunting being a key activity.                                                                                      
-Nothing in changing  the name changes how the  refuge is managed                                                               
or practices of the refuge.                                                                                                     
-"This   is  proactive,   protective  measure   of  our   outdoor                                                               
heritage,"  and a  legal opinion  states that  the bill  does not                                                               
amend  any of  the  substantive provisions  governing hunting  in                                                               
these areas. Hunting is allowed in these affected refuges.                                                                      
-The  transition is  clear; the  bill is  not mandating  physical                                                               
changes to  signage or pamphlets  right now; that will  happen on                                                               
an as-needed basis.                                                                                                             
-Lastly, the substantive changes in  the original bill, the plots                                                               
and  coordinate   corrections  remain   in  this  bill   and  are                                                               
unchanged.                                                                                                                      
                                                                                                                                
CHAIR  GIESSEL   maintained  her  objection  and   asked  if  the                                                               
committee had further discussion.                                                                                               
                                                                                                                                
3:37:36 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said he  received  a  few phone  calls  of                                                               
concern today from  people who live nearby  the Anchorage Coastal                                                               
Wildlife  Refuge  and  the Creamer's  Field  Migratory  Waterfowl                                                               
Refuge, and  he thought  that some public  comment was  needed to                                                               
hear from  those people. He asked  if the CS had  come out today.                                                               
He was also curious if the department had any comments on it.                                                                   
                                                                                                                                
CHAIR GIESSEL answered  yes; it had come out just  today and then                                                               
referred members  to the  legal opinion and  invited Mr.  Dale to                                                               
respond.                                                                                                                        
                                                                                                                                
3:40:04 PM                                                                                                                    
BRUCE DALE,  Director, Division of Wildlife  Conservation, Alaska                                                               
Department of  Fish and  Game, Anchorage,  Alaska, said  they had                                                               
some  uncertainty about  what  HB  130 would  do,  but the  legal                                                               
opinion  that management  plans wouldn't  change or  that refuges                                                               
wouldn't be managed any differently negates that.                                                                               
                                                                                                                                
The word "protect" is used  elsewhere in the enabling legislation                                                               
in  references for  both Yakataga  Refuge and  Susitna Flats  and                                                               
they  weren't  sure what  the  contradiction  would be  in  using                                                               
different words.                                                                                                                
                                                                                                                                
MR. DALE said  that one thing will cause  confusion, however, and                                                               
that is the  change to the title. The term  "Hunting Preserve" in                                                               
the Lower 48 and Africa generally  refers to a place where people                                                               
can  hunt for  a fee,  most  often private  lands, and  generally                                                               
enjoy good success because the  lands are stocked or supplemented                                                               
with  food,  water or  minerals  and  often are  fenced-in  where                                                               
predation  is minimal.  Both visitors  and residents  will wonder                                                               
what the purpose of the area is, because of the title change.                                                                   
                                                                                                                                
Another thing: portions of Creamer's  Field and Anchorage Coastal                                                               
Wildlife Refuge are closed to  hunting and that language reflects                                                               
the  authority to  open or  close hunting  remains solely  in the                                                               
hands of the Board of Game.                                                                                                     
                                                                                                                                
CHAIR  GIESSEL  asked   if  this  CS  changes  in   any  way  the                                                               
department's methodology in managing these areas.                                                                               
                                                                                                                                
MR. DALE answered no, based on the legal opinion.                                                                               
                                                                                                                                
CHAIR  GIESSEL summarized  that the  Anchorage Coastal  Trail and                                                               
Creamers  Field would  still be  managed  as it  always has  been                                                               
even.  She  assumed  they  would   still  not  allow  hunting  in                                                               
Creamer's Field.                                                                                                                
                                                                                                                                
MR. DALE  said that is  correct. That  is something the  Board of                                                               
Game has authority over.                                                                                                        
                                                                                                                                
3:43:40 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the  managers of Creamers Field had                                                               
been consulted.                                                                                                                 
                                                                                                                                
CHAIR  GIESSEL said  the director  oversees  that individual  and                                                               
asked Senator  Wielechowski why  he would want  to speak  to that                                                               
individual.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  replied because he  wants to hear  what the                                                               
director of Creamer's Field has  to say. His office contacted the                                                               
director and he was very surprised  at this change and thought it                                                               
was very unusual.                                                                                                               
                                                                                                                                
CHAIR GIESSEL said the line was open  right now and to ask him to                                                               
call in.                                                                                                                        
                                                                                                                                
3:44:18 PM                                                                                                                    
TAMMY MASSIE,  Biologist, Division of Habitat,  Alaska Department                                                               
of  Fish and  Game, Anchorage,  Alaska,  said she  just saw  this                                                               
version of HB 130 this morning  and would appreciate more time to                                                               
look at possible ramifications.                                                                                                 
                                                                                                                                
CHAIR GIESSEL  asked her if  these areas are managed  for hunting                                                               
now.                                                                                                                            
                                                                                                                                
MS.  MASSIE replied  no;  the  Board of  Game  makes the  hunting                                                               
regulations. But  hunting is allowed  in limited portions  of the                                                               
sectors described in the bill.                                                                                                  
                                                                                                                                
CHAIR GIESSEL asked if she is aware of any problems.                                                                            
                                                                                                                                
MS. MASSIE answered no.                                                                                                         
                                                                                                                                
CHAIR  GIESSEL  asked  if  she  thinks the  Board  of  Game  will                                                               
suddenly change the hunting guidelines for these areas.                                                                         
                                                                                                                                
MS. MASSIE answered no.                                                                                                         
                                                                                                                                
3:46:08 PM                                                                                                                    
SENATOR WIELECHOWSKI said  he got multiple calls  from people who                                                               
are concerned about  this draft and wants an  opportunity to hear                                                               
about this  issue from  the public. He  also noted  that changing                                                               
names should have a fiscal note.                                                                                                
                                                                                                                                
3:47:54 PM                                                                                                                    
MORGAN FOSS,  Legislative Liaison, Alaska Department  of Fish and                                                               
Game  (ADF&G), Juneau,  Alaska, said  their Habitat  and Wildlife                                                               
Divisions have reviewed  this version of HB 130 today  and see no                                                               
fiscal impact  to the department  as the name changes  can happen                                                               
in their normal order of business.                                                                                              
                                                                                                                                
CHAIR GIESSEL asked if she anticipates  a zero fiscal note as the                                                               
signage  won't have  to  be changed  immediately  and can  happen                                                               
during the normal course of business.                                                                                           
                                                                                                                                
MS. FOSS answered yes.                                                                                                          
                                                                                                                                
SENATOR  VON IMHOF  verified  that hunting  is  allowed in  these                                                               
areas and  for the  foreseeable future  as long  as the  Board of                                                               
Game directs so. She asked if  adding "hunting" to the signs will                                                               
have any material impact.                                                                                                       
                                                                                                                                
MS. FOSS replied that the  department does not foresee any impact                                                               
to  how it  would manage  these areas  based on  language in  the                                                               
bill. These  are Board  of Game decisions  that they  would defer                                                               
to, as well.                                                                                                                    
                                                                                                                                
CHAIR  GIESSEL  removed her  objection  and  asked if  there  was                                                               
further objection to adopting the CS.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  objected and said this  version was drafted                                                               
on April  4, two weeks  ago, and was sprung  on them a  couple of                                                               
hours  ago. He  got  multiple  calls from  people  who said  they                                                               
wanted  to be  able to  testify on  it. One  Division of  Habitat                                                               
biologist said she wanted more time,  and he asked for a few more                                                               
days to hear from the public before adopting it.                                                                                
                                                                                                                                
CHAIR GIESSEL said  they have also heard that  this version makes                                                               
no material change in how these  areas are managed; that it is up                                                               
to the  Board of Game, and  they will continue to  manage them as                                                               
they have.                                                                                                                      
                                                                                                                                
A roll call  vote was taken: Senators Meyer,  von Imhof, Coghill,                                                               
and Chair Giessel voted yea; Senator Wielechowski voted nay.                                                                    
                                                                                                                                
CHAIR  GIESSEL  announced  that   the  committee  substitute  was                                                               
adopted.                                                                                                                        
                                                                                                                                
SENATOR  COGHILL moved  to report  SCS HB  130(RES), 30-GH1871\J,                                                               
from committee  with individual  recommendations and  zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI objected for the  same reasons he stated for                                                               
adopting  the  CS:  the  public should  have  an  opportunity  to                                                               
testify on this.                                                                                                                
                                                                                                                                
A roll call vote was taken: Senators Meyer, von Imhof, Coghill,                                                                 
and Chair Giessel voted yea; Senator Wielechowski voted nay.                                                                    
                                                                                                                                
CHAIR GIESSEL announced that SCS HB 130(RES) moved from                                                                         
committee.                                                                                                                      
                                                                                                                                
3:52:38 PM                                                                                                                    
CHAIR GIESSEL adjourned the Senate Resources Committee meeting                                                                  
at 3:52 p.m.                                                                                                                    
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
CSHB130 - Version J.pdf SRES 4/20/2018 3:30:00 PM
HB 130
CSHB130 - Explanation of Changes - Version A to Version J.pdf SRES 4/20/2018 3:30:00 PM
HB 130
CSHB130 - Legislative Legal Memo.pdf SRES 4/20/2018 3:30:00 PM
HB 130