HB 267-SNOW MACHINE USE IN DALTON HWY CORRIDOR  2:26:35 PM CHAIR P. WILSON announced that the final order of business would be HOUSE BILL NO. 267, "An Act relating to travel by snow machine within five miles of the right-of-way of the James Dalton Highway." 2:26:38 PM REPRESENTATIVE MIKE KELLY, Alaska State Legislature, explained that HB 267 is the Dalton Highway Access Bill. He paraphrased from his sponsor statement, which read [original punctuation provided]: Since 1980, state law has prohibited virtually all off-road vehicle use within five miles of the Dalton Highway north of the Yukon River. Miners and oil workers are allowed to cross the corridor for business use and local resident snowmachine use is permitted. HB 267, as introduced, ended the prohibition on Alaskan's right to travel by snowmachine on this public land corridor during the winter months. Many Alaskans believe that travel by snowmachine in the Dalton Corridor is prevented by federal law. Wrong. The problem is state law. A February 20, 2010 Fairbanks Daily News Miner editorial stated (excerpt): Some argue that the state must prohibit snowmachines in the corridor to protect wildlife from renegade hunters. If this is a reasonable argument, shouldn't the state apply the same five-mile buffer to the rest of its remote road system? Most of our highways traverse lightly populated areas where law enforcement is spotty. The Dalton Highway is more remote, yes, but that actually argues against more stringent regulation. Its remoteness, lack of services and unpaved surface discourage most Alaskans from venturing up it - fewer people, fewer enforcement problems The blanket prohibition north of the Yukon River is overkill. REPRESENTATIVE KELLY stated that HB 267 would allow snowmachine use on the Dalton Highway corridor from October 1 to April 30 when soil is frozen and covered in snow. The resulting impact on surface vegetation should be minimal. If HB 267 passes, the prohibition on other off-road vehicles would remain. This bill applies strictly to snow machines. He pointed out that hunting methods and means are strictly controlled by the Alaska Department of Fish & Game regulations and laws. This bill would not change their laws. In response to Chair Wilson, he agreed that this bill would not change any restrictions on vehicles used for hunting. 2:30:59 PM REPRESENTATIVE PETERSEN asked whether any mechanism exists to close the Dalton Highway Corridor during a year with extremely late snowfalls and insufficient snow existed for snowmachine use. REPRESENTATIVE KELLY imagined that an emergency closure would apply. He stated that would apply to other areas. He opined that he personally rides snowmachines but does not ride without snow since it is so difficult. He surmised that during the timeframe affected by the bill, north of the Yukon it would be chilly and snowy. 2:32:15 PM REPRESENTATIVE JOHNSON referred to page 1, line 13, which read, "(3) the use of a snow machine to travel across the highway..." and asked for an explanation. REPRESENTATIVE KELLY related that travel from West to East is permitted, but travel along the corridor is limited. In further response to Representative Johnson, he agreed a person could pull alongside the road, unload their snowmachine, and access to property within and outside of the five miles on either side of the Dalton Highway. 2:33:26 PM REPRESENTATIVE KELLY, in response to Chair Wilson, guessed that from the Yukon River to the Arctic Ocean is about 357 miles. In further response to Chair Wilson, he agreed that snowmachines are not allowed in the Dalton Highway Corridor north of the Yukon River with a buffer zone five miles along the Dalton Highway. REPRESENTATIVE KELLY related that this bill would be similar to other roads in Alaska. Currently the five-mile corridor on either side of the Dalton Highway is a "no zone." 2:34:31 PM REPRESENTATIVE JOHNSON asked how snowmachines would gain access to areas outside the five miles along the Dalton Highway Corridor. REPRESENTATIVE KELLY agreed. He stated people can fly or hike. In further response to Representative Johnson, he agreed that except for flying and hiking land outside the ten-mile corridor is "shut off." CHAIR P. WILSON related that some exceptions exist for off-road vehicles necessary for oil and gas exploration, development, production, or transportation; a person with mining claims in the vicinity of the highway and who must use land within five miles of the right-of-way of the highway to gain access to the mining claim, and the use of a snow machine to travel across the highway corridor from land outside the corridor [page 1, line 8- 14.] 2:36:03 PM REPRESENTATIVE JOHNSON stated his perspective is for people to "put meat on the table" for the purposes of hunting and also for recreation. He stated that current law excludes people from using their snowmachine and hunting beyond the corridor. REPRESENTATIVE KELLY related that hunting would not be unrestricted, since currently the hunting is limited and this bill would not change that aspect. The ADF&G controls the methods and means and this bill does not change the fish and game laws. In response to Representative Petersen, he identified that the land is state land. 2:37:42 PM REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, testifying as joint prime sponsor of HB 267, related his understanding that an overabundance of caribou exists in the area of about 75,000 to 80,000 animals while then optimum herd size is 37,500. Thus, the herd is at risk of overgrazing since the primary food source is lichen. REPRESENTATIVE NEUMAN stated that lichen could take 50 years to grow. Managing the herd is critical. He said that ultimately 3,000 to 3,500 animals should be harvested annually, but the take is less than 800. Thus, the herd is increasing, which creates concern of overgrazing and could cause the herd to crash. He related that crashes have happened in some areas of the state. His goal is to use this bill as a management tool to put more meat in Alaskans' freezers. He said the Nelchina herd has changed from Tier I to Tier II since so many people want to apply for the permits. 2:40:31 PM CHAIR P. WILSON said she thought this bill would not make changes on any hunting. REPRESENTATIVE NEUMAN related that the Alaska Board of Game would have the ability and opportunity to manage the herd. CHAIR P. WILSON asked whether the Board of Game could make management decisions in a different way if the Dalton Highway corridor was opened. REPRESENTATIVE NEUMAN agreed the Board of Game would make determinations on the allocation of game. He said he is interested in ensuring long-term sustainable food products for Alaskans. 2:43:32 PM THOR STACEY stated that he is attending school in Juneau at the University of Alaska. For the past seven years he has lived at Wiseman. He is a registered hunting guide holding permits in the Arctic National Wildlife Refuge. His family has significant mining interests in the area in question. He has personally frequently traveled the road, well over 100 times during the winter and summer. He said he is in opposition to the bill. He said he has suggestions for the committee. He pointed out that the intent of the road is to provide support for Prudhoe Bay. The infrastructure is in place for truckers, including the pullouts for truckers to chain up their vehicles or take rests. The winter transportation time is the only time that heavy winter loads, over a certain weight limit, are allowable. Much of the road is gravel and allowing additional recreational use places this use in direct competition with the trucking industry. The proposed future gas line will demand additional infrastructure. All the recreational use facilities are not maintained during the winter. He related that few Alaska State Troopers are available for wildlife or state highway enforcement. He was unaware of any medical emergencies except for the Alyeska Pipeline Services. 2:46:42 PM MR. STACEY offered his belief that it would be difficult to handle an accident in an expedient manner in Atigun Pass. He related that there is not a fiscal note attached to this bill. He expressed concern over where people would park, and blocking roadways that require regular inspections of pipe. He stated this is the most critical time for industry, but not for recreational use. He requested the committee hold the bill since the road is needed for the potential gasline and due to a lack of clear understanding of the impact on industry and due to the lack of support on the public highway. 2:49:19 PM GEOFF CARROLL, speaking on behalf of himself, described his background as a wildlife biologist. He testified in opposition to HB 267. He related that when the decisions were being made over whether the "haul road" would be built, the North Slope residents were assured the road would not be open to the public. The road was opened to the public. Another promise was that wildlife resources would be protected by not allowing off-road vehicles to access the land. This bill poses a threat to that promise. If the state wants credibility on the North Slope, the legislature should not pass this bill. Another reason not to open the Dalton Highway Corridor to snowmachines is that it would result in user conflicts with local hunters. He recalled earlier testimony on the Central Arctic herd and offered his belief that the numbers were overblown. Evidence does not indicate any overgrazing, he stated. The Teshekpuk Caribou Herd numbers about 62,000 and provides an important subsistence resource to the North Slope residents. Most of the range of the Teshekpuk herd is in the central and western North Slope. During the period 2002-2008, a substantial portion of the herd wintered in the Dalton Highway area. Recently, the Board of Game increased the bag limit in that area from two to five caribou. MR. CARROLL predicted that HB 267 passes and the Board of Game allow hunters to use snowmachines in the area the harvest would increase substantially. The harvest rate on that herd is high enough that if harvest increases along the Dalton Highway, it would decrease the harvest somewhere else. This would create a major user conflict, pitting sport hunters against North Slope subsistence hunters. Even if there is no increase in hunting, increase snowmachine use would impact wildlife. Part of the strategy for animals in the winter is to become somewhat sedentary to conserve energy. With increased activity animals use up their energy reserves and often starve before winter is over. Muskoxen are particularly vulnerable to this. When people see muskoxen in the Dalton Highway Corridor, they drive up for a closer look, which will result in the animals moving and use up their energy reserves. This activity can scatter the herd and make them more vulnerable to predation and abandonment of calves. Muskoxen numbers have seriously declined in recent years. The last thing the Muskoxen need is harassment, particularly when the animals should be sedentary. He urged members to honor their promise, minimize impact on subsistence hunters and the land, and vote down HB 267. 2:52:56 PM TODD CLARK spoke in support of HB 267. He pointed out that the state constitution provides for the development of land and water for the maximum benefit of the people. The Dalton Highway Corridor acts as a fence and the general user does not have access to the millions of acres beyond the corridor. He suggested viewing the state over a 20 year period. He speculated that twenty years from now twice as many people will want to access the state's resources. The state's current mode seems to be restrictive. This bill would allow an opportunity to create additional access with minimal impact. He related that snowmachines are allowed on lands managed by the Department of Natural Resources, Division of State Parks. He related that the division seems to agree the impact by snowmachines has been minimal. Currently, the lands and resources are available to pilots, mining and other commerce, and people who live in the Dalton Highway Corridor. However, the land is not available to the average Alaska resident. He suggested members drive the highway to sense the vastness of the area. He characterized residents as essentially "locked out" of the Dalton Highway Corridor area. 2:55:13 PM RANDY QUINCY, Board Member, Alaska Outdoor Council (AOC), stated that the AOC consists of 2,300 members in 48 clubs, with over 10,000 collective members. He said that the AOC supports HB 267. 2:55:39 PM JACK REAKOFF said he is not in support of HB 267. He stated that the Board of Game wrote a letter in November 2009 in support of the pre-bill at its meeting in Nome, Alaska. He stated that "it's a given that there will be hunting pressure exerted on the resources near the Dalton Highway in the winter. He recalled a similar bill was previously offered in the Senate. He further recalled the Senate Resources Committee held hearings in Fairbanks, Wiseman, and Barrow. He offered that everyone expressed concern about disturbing or "outright killing of these animals." As of March 1, the latest Board of Game increased the bag limit by 150 percent. Twenty-five percent of the hunters are nonresident hunters. The harvest time has increased by two months for cow caribou. He said, "I'm very concerned. I'm the Chair of the Western Interior Regional Advisory Council, Co- Chair of the Koyukuk River Advisory Committee. The people of this area are very concerned about the additional harvest opportunity." He recalled that some people submitted to the Board of Game that the herd is imminently in danger of crashing. However, the reality is the ADF&G did not provide any documentation that the herd is declining. Productivity is high and two-year old caribou have calves, which he believed is an indication of a healthy herd. The Central Arctic herd is using areas on the south side of the Brooks Range that has not been used by caribou in 35 years. There are lots of resources available for the caribou to use. The reality is the five caribou limit is allocated for nonresident hunters. He anticipated a huge increase by non-Alaskans. MR. REAKOFF offered his belief that this bill is not for residents. Currently, the area experiences a high-level of nonresident using boats, dog teams, and aircraft. The Mulchatna Caribou herd, with primary access by aircraft access went from 200,000 to 28,000 animals over a 12-year period. This represents an 86 percent decline, while the wolf population had one adult wolf per 100 cows. The herd did not have any breeding capacity, he stated. Snowmachine access is so efficient that it would allow access to cow caribou as they cross over the Brooks Range and move across the coastal plain since the area does not "break up" until mid-May. Thus, year-round hunting access to cow caribou would subject the caribou to high harvest. He offered his belief that snowmachine access would need to be curtailed in a short time period. He said, "Caribou do not recover." 2:59:34 PM MR. REAKOFF stated the caribou cannot sustain this level of harvest. Dall Sheep have critical wintering habitat and high marking on the sides of the mountains. He predicted that "chasing Dall Sheep off their wintering habitats will kill the Dall Sheep." This is the most northerly wild sheep population in the world. The oil industry will be required to have additional restrictions once the herd is decimated. The oil industry has enjoyed the growing population of caribou, which implied that the industry could cohabitate with the resource. The reality is once this herd is decimated by overharvest, encouraged by snowmachine access, the industry will incur additional expenses. This bill basically is fraught with numerous problems, he stated. He suggested that ice truckers encounter steep roads and pickups with heavy trailers will inevitably jackknife and have accidents. He said, "There will need to be large fiscal note attached to the bill for [Emergency Medical Services] EMS, additional troopers." He stated that the [AST] Trooper at Coldfoot has not been present since September, yet the area encompasses a 78,000 square miles. He offered that currently the AST does not have a Trooper present. He stated that additional funding would be needed for AST, a MEDIVAC helicopter, and the bill is flawed. He offered his belief that the entire caribou harvest was 2,000, including the village harvest. He cautioned that the five caribou limit will attract hundreds of nonresident hunters and air carriers to support their access. MR. REAKOFF said, "The reality is this bill would have huge detrimental effects to the caribou herds and the managers and people of Alaska will be looked at as slaughterers of the resource that inhabits the Arctic Coastal Plain, which is under high spotlight." He urged members not to adopt HB 267. In response to Chair P. Wilson, he stated that he is from Wiseman, Alaska, half-way between Fairbanks and Prudhoe Bay. He stated he has lived in the Central Brooks Range since before the Dalton Highway was built. He said, "I'm very concerned as an Alaskan resident that we are reallocating our resource to nonresidents and not actually doing what this bill is proposing to do." 3:03:26 PM NICOLE FLIPS stated that she is property owner in Wiseman, but her primary residence is in Fairbanks. She said she hunts for Dall Sheep and caribou outside the Dalton Highway Corridor by foot and dog team. There is no need to change the law as it is currently written prohibiting off-road vehicles on the land in the Dalton Highway Corridor. She said, "Only the lazy and uninspired would claim the current law denies their access to the public lands along the Dalton." She asked members to consider the overwhelming evidence that this bill will threaten the sensitive wildlife and subsistence uses along the Dalton Highway Corridor. She asked members to also consider that allowing snowmachines along the Dalton Highway Corridor will cost money through the increased demand and need for emergency services, public safety, and wildlife protection. Secondly, allowing snowmachines in the Dalton Highway Corridor will increase accidents, medical emergencies, search and rescue operations, and trespass. She expressed concern over the potential for increased vandalism of mining equipment, private property, tourism facilities, oil company facilities, and university research facilities. She reiterated that emergency services do not currently exist. Finally, allowing snowmachines in the Dalton Highway Corridor will require road improvements, pullouts, outhouses, and trash receptacles. She asked for the fiscal note to reflect the impact that HB 267 will have on the local residents, businesses, and miners who are left insecure and unsafe. She concluded, "I want myself and my property protected." CHAIR P. WILSON related that several committee members traveled on the Dalton Highway this summer. She explained that members rode in the commercial trucks. She stated that she could not imagine traveling the Dalton Highway in the winter. She agreed the pullouts are necessary for emergency purposes. [HB 267 was held over.] 3:07:55 PM