HB 211-NONRESIDENT HUNTING REQUIREMENTS: CARIBOU  6:01:52 PM CO-CHAIR JOSEPHSON announced that the next order of business would be HOUSE BILL NO. 211, "An Act requiring a nonresident to be accompanied by a guide or resident spouse or relative when hunting certain caribou; and providing for an effective date." 6:02:21 PM REPRESENTATIVE WESTLAKE, speaking as the sponsor of HB 211, informed the committee the bill is about more than game management unit (GMU) 23, but addresses the migrating caribou herds - wherever they traverse - to perpetuate the health of the herds. He paraphrased from the sponsor statement as follows: House Bill 211 affords Alaskans an opportunity to harvest vital subsistence resources while allowing nonresident hunters, without a second degree of kin, to hunt through requiring a licensed professional guide in order to take a caribou any of these four arctic herds: Western Arctic, Central Arctic, Porcupine, and Teshekpuk. The Central Arctic Herd population has fallen by 69% since 2010 while the Western Arctic Herd has decreased by 41% since 2003. With no definitive cause yet determined for the population decline, now more than ever is the time to take extra precaution when managing these herds, which are a vital resource that many rural communities depend on for subsistence. Recently, game management unit 23 has experienced over-harvesting issues and hunting has been federally closed to anyone that does not reside in the area. It is my hope that by requiring nonresident hunters to be accompanied by a licensed guide who is familiar with the areas and migration patterns of these magnificent herds, the need for game unit closures similar to the one in 23 will be prevented. REPRESENTATIVE WESTLAKE advised brown bear, sheep, and goat all have guide requirements because of the inherent dangers of hunting, and the need for guide requirements for caribou is sought to avoid conflicts with local residents, the need for hunters to be familiar with the territory, and respect for the resource. Furthermore, guides would have a vested interest to not disrupt caribou migration patterns. He advised that subsequent to the closure of GMU 23 - due to the decline in caribou - the subsistence harvest, the resident harvest, and the guided resident harvest declined; however, the nonresident unguided - or transporter - harvest increased. Representative Westlake pointed out that in Canada, the Porcupine Caribou Herd is managed with guide requirements for nonresidents, and HB 211 would bring Alaska's caribou regulations "just in line [with Canada] and looking at a successful model." He concluded the bill is a vision for the last great herd in America. REPRESENTATIVE BIRCH asked for information related to caribou herd population decline, herd management, and statistics. 6:08:02 PM BRUCE DALE, director, Division of Wildlife Conservation, Alaska Department of Fish & Game, said the herds represented in HB 211 have mixed histories. The Western Arctic Herd has declined from 500,000 to 200,000 due to a combination of factors including nutrition, weather, and age structure, and at the current rate will further decline substantially; however, in the last two years there have been good signs such as good calf cohorts [groups], good body condition, and better pregnancy rates. He said ADFG has concerns about both the herd and the local residents. In its last major decline, the Western Arctic Herd declined to about 75,000; in fact, in the early '70s there were 250,000 caribou in the state, and now there are about 750,000. REPRESENTATIVE BIRCH recalled there was a wanton waste issue in the region at one time; he asked for the level of hunting pressure on the caribou, in general. MR. DALE stated hunting did not cause the caribou decline. With the population now at 200,000, hunting needs to be restricted through actions by the Board of Game, ADFG, and the Federal Subsistence Board, U.S. Department of the Interior. He said "... on the other extreme, the Porcupine herd is at 200,000 caribou and it's as big as it has ever been. East of that, in Canada, herds have declined catastrophically." [ADFG] is also investigating the declines of the Central Arctic and Teshekpuk herds. In further response to Representative Birch, Mr. Dale explained calving occurs in the north and northwest, and herds migrate to the south to spend winter in the boreal forest. 6:12:06 PM REPRESENTATIVE PARISH asked for the potential ecological and economic impacts of the bill. MR. DALE advised the ecological impact would be very small because the nonresident harvest is a small component for most of the herds. He was unsure of the economic impact, but he estimated that 80 percent of nonresidents hunt without guides, thus the bill may cause a reduction in the number of nonresident harvests; as a result of the federal closure, the number is zero. REPRESENTATIVE PARISH concluded there would be a decrease in the overall number of nonresident hunters, and an increase in the number of guided hunts. MR. DALE agreed, but said the degree of decrease/increase is unknown. 6:14:19 PM REGGIE JOULE stated his support for HB 211, and said the bill addresses several issues, such as a declining herd and many user conflicts in certain areas. Mr. Joule opined relegating out-of- state hunters to guided hunts would have a small impact, but would make a difference. He suggested the subject of transporters before the [Big Game Commercial Services Board, Department of Commerce, Community & Economic Development] is a larger and difficult issue, but a close look reveals that [funding] resources are needed to manage [natural] resources. He remarked: Currently, the situation is, at least in the Western Arctic Caribou Herd, local residents were allowed to hunt fifteen a day, every day of the year - fifteen caribou - we're down to five. Now, we make that work. And, there were no closed seasons at one point in time, and now we have closed seasons for both bulls and cows at various times of the year, when it's appropriate. And people are making that work: everybody is giving in a little bit here. And the local residents certainly understand that. MR. JOULE, as an aside, observed predators - wolves and bears - are out of control. He concluded that HB 211 would impact the local economy, but Alaska residents would be able to use transporters and provide for their families. In response to Representative Birch, he said his experience is that the population of the herd has declined to a combination of factors: predators are more successful in years of low snow, and hunters are responsible for taking less than 30,000 out of a herd of 250,000. Therefore, all [conservation] measures should be carefully considered. 6:20:38 PM PAUL (CHRIS) MCKEE, Supervisor, Wildlife Division, Office of Subsistence Management, Fish and Wildlife Service, U.S. Department of the Interior, informed the committee the Federal Subsistence Board closed GMU 23 to non-federally qualified users from [7/1/16 to 6/30/17], and has received a special action request submitted by the Northwest Arctic Subsistence Regional Advisory Council, Federal Subsistence Management Program, U.S. Department of the Interior, seeking another closure for the upcoming year. If approved, GMU 23 would remain closed from 7/1/17 to 6/30/18. He said his staff is responsible for writing the analysis of the request for closure, but he was unsure how the board would rule, and expressed his intent to provide the analysis in a timely manner so that the board can issue its decision prior to hunting season. Also, the North Slope Subsistence Regional Advisory Council, Federal Subsistence Management Program, U.S. Department of the Interior, submitted a special action request to close caribou hunting in GMUs 26A and 26B to non-federally qualified users as well. If both requests are approved, all of GMU 23 and all of GMUs 26A and 26B would be closed to non-federally qualified users, including nonresidents and nonrural Alaska residents. Mr. McKee added that a U.S. Department of the Interior interagency group meeting will be held [4/17/17], attended by representatives of the Federal Subsistence Management Program, the National Park Service, the Bureau of Land Management, the Bureau of Indian Affairs, and the U.S. Fish and Wildlife Service, and also attended by representatives from ADFG, all of whom will seek ways to avoid unit-wide closures. He expressed hope that participants can "come up with some options that can avoid, you know, having all of unit 23 closed out, so that's kind of where we're at, currently, on the federal side." 6:25:08 PM CO-CHAIR JOSEPHSON opened public testimony. 6:25:23 PM AL BARRETTE said mandatory guiding is not, and should not be, a tool used to limit nonresident hunting opportunities. He stressed that this purpose is not the intent - or the reason - mandatory guiding is in statute. He directed attention to the bill on page 1, line 1, which read [in part]: "An Act requiring a nonresident to be accompanied by a guide or resident spouse or relative when hunting ...." MR. BARRETTE opined "spouse or relative" should read, "a second degree of kindred," which is defined in statute. He then directed attention to page 1, lines 12-14 which read [in part]: ... misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $5,000, or by both. MR. BARRETT urged for this language in the bill to comport with proposed HB 129 or proposed SB 60. Lastly, he directed attention to page 2, lines 9-12 which read: (g) In addition to the animals listed under (a) of this section, it is unlawful for a nonresident to hunt, pursue, or take caribou from the Porcupine, Central Arctic, or Western Arctic caribou herds unless the nonresident is accompanied by a person who is qualified under the terms of (a) of this section. MR. BARRETT pointed out the bill stipulates the Porcupine, Central Arctic, and Western Arctic caribou herds and he questioned how - for enforcement purposes - one would distinguish a Teshekpuk caribou from a Western Arctic caribou or others as the Teshekpuk herd lies in between the Western Arctic and [Central Arctic] herds. 6:27:54 PM MARK RICHARDS, Executive Director, Resident Hunters of Alaska, referred to written testimony from Resident Hunters of Alaska dated [4/10/17] in opposition to HB 211 [document not provided]. He said Resident Hunters of Alaska believes only the legislature should have the authority to add to the list of species that must be guided under AS 16.05.407 and AS 16.05.408. Mr. Richards informed the committee the Board of Game (BOG), Alaska Department of Fish & Game, without legislative approval, has added moose and black bear to the list of "must be guided species" in some areas. This action in the Interior has restricted resident opportunities for the purpose of guaranteeing an allocation to guides. As has been previously stated, all nonlocal federally qualified subsistence hunters have been prohibited from hunting the Western Arctic Herd on federal lands in GMU 23, including all nonresidents and all Alaskans who do not live in the region. At the recent BOG meeting in Fairbanks, the board severely reduced seasons and bag limits in the Central Arctic Herd, for both residents and nonresidents, which came about "via" a Resident Hunters of Alaska proposal. Further, under consideration is a federal wildlife special action request to restrict all nonlocal federally qualified subsistence hunters from hunting the Central Arctic Herd on federal land. Mr. Richards stated: If the intent of this bill is to reduce nonresident harvest when caribou herds are in steep decline, that is something Resident Hunters of Alaska agrees with and has already been proposing to the Board of Game: That in all cases, if and when any wildlife population is in decline, and [residents'] needs and opportunity are going to be restricted, we should first reduce or eliminate all nonresident hunting opportunities. Those are functions of the Board of Game, which the legislature has given authority to deal with these matters. Requiring nonresidents ... to hire a guide to hunt these herds, however, in order to reduce nonresident harvest, is in no way a solution to less nonresident hunting and harvest. What this bill would do is create a new subsidy to guides, that wasn't there before, and we can't use the current percentages of unguided versus guided caribou hunters on the North Slope, and say that those percentages would remain the same should this bill pass. 6:31:11 PM REPRESENTATIVE PARISH was unclear how the bill would result in a new subsidy for guides, although he agreed it would result in an increase in guided hunts. He asked whether Mr. Richards expected the bill would result in a reduction to the allocation for Alaska residents. MR. RICHARDS answered the allocation is a function of BOG, and there are examples of BOG actions that have added new must-be- guided species resulting in restrictions on residents, "because the board is then beholden to provide that allocation." He provided an analogy. Mr. Richards clarified that a guaranteed client base is the subsidy. In further response to Representative Parish, he said not all contracting guides are Alaskans, and a larger percentage of assistant guides are nonresidents. 6:33:19 PM JAKE JACOBSON stated he lives in Kodiak and Kotzebue, and is representing himself and his Alaskan family members. Mr. Jacobson said he has hunted and eaten caribou from the Western Arctic Herd for 50 years and has guided in the region for 45 years. In the '70s and '80s he worked for ADFG, when there was a focus on caribou in GMUs 23 and 26. In 1972, the population of the Western Arctic Herd was estimated at 242,000, and ADFG was concerned that the herd would overgraze and then decline; therefore, the department closed areas on the North Slope and elsewhere, and compared grazed tundra with un-grazed tundra. He said botanists noticed no difference, and there was no great threat of overgrazing with a herd size at 242,000. However, ADFG remained concerned and opened the hunting season with no limits, and allowed [hunted] caribou to be sold - and many were - at $35 per carcass. Mr. Jacobson said the herd is now over 200,000, the harvest is estimated at 12,000-15,000 for local subsistence users, and at 500-600 for nonlocals - those being transported and guided hunts. The harvest records for the transported and guided hunts are accurate, and estimated for local harvest, he added. Mr. Jacobson spoke in favor of the bill and agreed that the language "relative" should be clearly defined as "second degree of kindred." Furthermore, the bill would reduce and defuse user conflicts in GMU 23, and would restore resident access to caribou hunted in GMU 23, provided the federal subsistence board does not continue to prevent all but local subsistence users access to the herd. He urged for the passage of HB 211. 6:36:41 PM CO-CHAIR JOSEPHSON, after ascertaining no one further wished to testify, closed public testimony. [HB 211 was held over.]