HB 267-SNOW MACHINE USE IN DALTON HWY CORRIDOR  2:19:57 PM CHAIR P. WILSON announced that the next 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." 2:21:47 PM CHAIR P. WILSON reported that she has assigned a subcommittee for HB 267, consisting of Representative Johnson, Petersen, and T. Wilson, chaired by Representative T. Wilson. The subcommittee will report back to full committee, she stated. 2:22:37 PM MARY SIROKY, Legislative Liaison, Office of the Commissioner, Department of Transportation & Public Facilities (DOT&PF), explained that the DOT&PF experts on the Dalton Highway are not available today. She stated that the DOT&PF is not opposed to access in the Dalton Highway Corridor, but doing so would present additional challenges for the department. Opening up the Dalton Highway would create potential conflicts between commercial truckers who move goods and services and recreational users. One area of conflict would be the roadside pullouts since currently not many pullouts could accommodate commercial trucks, DOT&PF vehicles, and recreational users. The DOT&PF requires these pullouts to use as turnarounds to move equipment between the maintenance camps. She related the only pullout really large enough for commercial trucks, the DOT&PF use, and recreational use is located at Franklin Bluff on the north side of Atigun Pass. In response to Chair P. Wilson, she indicated her understanding that access would stop at Coldfoot. Franklin Bluff is located about 50 to 75 miles north of Atigun Pass, which is about 350 miles north of the Yukon River. 2:25:07 PM MS. SIROKY commented that the DOT&PF will prepare a map for the subcommittee to show the location and size of the existing pullouts. She highlighted issues the subcommittee may wish to consider as it deliberates on HB 267. The DOT&PF uses high- speed plows to maintain the Dalton Highway. Thus, the DOT&PF is concerned about anyone who may park alongside the Dalton Highway. The DOT&PF has a responsibility to plow the roads and the pullouts and cannot be held responsible for any vehicles that get "plowed in." She anticipated the types of complaints the DOT&PF would likely receive if motorists had to spend hours digging their vehicle out of snow berms. She pointed out that the only emergency responders currently available to assist motorists if an accident were to occur is the DOT&PF and the Alyeska Pipeline Service Company. She explained that any increased time spent assisting motorists would take time away from DOT&PF's road maintenance duties. Another issue that could arise is the need to supply gasoline to motorists who run out of gas. In fact, the DOT&PF does not currently have the means to collect money for fuel, she stated. Finally, in the event of construction for a natural gas pipeline, the DOT&PF expects traffic to increase dramatically. The anticipated schedule for road construction would be in the next three to five years to assist with gearing up to haul goods. She thought that all of these issues could be solved, although some issues may take some time to resolve. 2:28:00 PM MS. SIROKY, in response to Representative Johnson, explained that the DOT&PF has seven camps located about every 60 miles along the Dalton Highway between Livengood and Deadhorse. In further response to Representative Johnson, she explained that typically two to four people live at each camp, including a mechanic and equipment operator. REPRESENTATIVE P. WILSON asked whether the DOT&PF would allow people to park at the camps. MS. SIROKY answered no. In further response to Chair P. Wilson, she related that she did not know whether the camps are posted to prohibit trespassing. She pointed out that the DOT&PF is responsible for its equipment, but she did not recall if the camps were gated. She recalled that the camp at Chandalar is open. 2:29:31 PM REPRESENTATIVE JOHNSON asked if it would simplify matters to create a corridor for parking. He asked if seven access corridors were created with parking, safety, and rescue capabilities, whether it would solve some of the problems. MS. SIROKY offered to consider and discuss this solution with the DOT&PF personnel to identify any conflicts. She thought one issue that could arise would be if too many people wanted to use the area. She suggested the subcommittee may want to consider limiting the number of people who could use the Dalton Highway Corridor. REPRESENTATIVE T. WILSON asked whether the campground at Arctic Circle could be used. MS. SIROKY responded that the visitor center is not open in the winter so she speculated that the campground is not maintained during the winter. She noted that the campground is not far from Coldfoot, where many resources are available. 2:32:05 PM BRIAN PERSON, Ph.D., Wildlife Biologist, Department of Wildlife Management, North Slope Borough (NSB), stated the NSB is opposed to allowing any part of the five-mile corridor along the Dalton Highway for the use of snowmachines. This highway was originally established to allow production of and service of oil and gas facilities. The Dalton Highway was closed to public use due to the broad justifiable concerns over issues relating to wildlife harassment, user conflicts, wildlife violation concerns, pipeline security concerns, search and rescue responsibility, and traffic issues. These visions were legally challenged and ultimately overturned, but not without retaining some insights for the original plan to protect the land, the wildlife resource, and the people that traditionally have depended upon the use of the resources. This bill clearly disrupts these protections without any consideration for fiscal impacts to the Alaska State Troopers and DOT&PF. He pointed out some misinformation given during testimony. He reported that the Central Arctic Caribou Herd is not over 80,000 in population, but is approximately 67,000. Further, there is not any evidence that suggests the herd has exceeded its carrying capacity or exhausted its range or resources. In fact, passing HB 267 would displace caribou from its winter range, effectively restricting its range. The Central Arctic Caribou Herd is in good health, with over an 80 percent parturition rate and high calf survival. He offered that energetic demands of wildlife in the winter and snowmachine harassment to musk oxen and caribou would be problems. He concluded by stating that he has been fighting similar bills for the last six or seven years. He said, "It's just frustrating to see the state with a long chain of broken promises." He urged members not to open the Dalton Highway Corridor. He suggested that people have access to these lands and many people truly enjoy the Dalton Highway Corridor and the surrounding land. 2:35:11 PM LISA HUGHES, Legislative Liaison, Northern Alaska Environmental Center (NAEC), stated that the NAEC does not support HB 267. She stated that the Dalton Highway Corridor has been closed since the construction of the Trans-Alaska Pipeline System (TAPS). This bill would violate a longstanding commitment to protect wildlife and subsistence use in the North Slope. The Dalton Highway was built for industrial purposes and not recreational use. The Dalton Highway supplies the North Slope oil fields, access to the TAPS, countless mining operations, and a provides a take-off point for commercial guides and tour operators. The road conditions in the winter also provide the trucking industry with the best opportunity to haul heavy loads to Prudhoe Bay. Increased traffic and abandoned snowmachine trailers along the Dalton Highway would pose a serious hazard for industrial truck traffic. None of the industries mentioned are in favor of allowing motorized recreational use in the Dalton Highway Corridor. She asked for an assessment of the fiscal impact since there is a complete lack of emergency and public safety services in this region. She stated that HB 267 would require increased funding for the Alaska Department of Fish & Game, Division of Wildlife Conservation and law enforcement such as the Alaska State Troopers (AST). The DOT&PF would need to pave, build parking lots, and create additional roadside pullouts. The Department of Public Safety (DPS) would need additional funds to reinstate a year-round AST in Coldfoot. The Northern Alaska Environmental Center urges the legislature to honor its commitment to protect wildlife and subsistence, as well as provide a safer environment for industries and user groups that use this area. She urged members not to pass HB 267. 2:37:47 PM REBECCA BENSON stated that she resides at Mineral Lake, Alaska. She testified in opposition to HB 267. She stated that her family has hunted in the region for many years. The opportunity to hunt in the area without competing with mechanized hunters is unparalleled since almost all other hunts allow snowmachine use or other off-road vehicles, which have resulted in shorter hunting periods. She predicted that if the Dalton Highway Corridor is opened, that the hunting opportunities will deteriorate. She predicted that the hunts would resemble the Forty-mile and Nelchina hunts, especially since the bag limit in the Dalton Highway area was recently increased to five caribou. She related that the Forty-mile hunt is a registration hunt, easily accessible by off-road vehicles (ORV). The Forty-mile hunt is typically open for three to four days. Last year the harvest quota was exceeded by a large margin, which resulted in further restrictions. She suggested that opening the Dalton Highway Corridor to snowmachine use would create problems. Proponents argue that most of the state is open to snowmachines with little damage. However, this statement ignores that non- motorized hunters are being excluded from those areas. The hunt off the Dalton Highway is quite popular among hunters and people who ski, walk, snowshoe, canoe or dogsled in the area. Some say this area is not available to average Alaskan, but she said she hoped that most Alaskans can still walk five miles. 2:39:29 PM ROBERT CAYWOOD said that he has hunted off snowmachines and he thinks all Alaskans should be allowed to use area. 2:40:01 PM STEVE FLORY said he keeps hearing "not in my backyard." He related that a huge expanse is closed. While the Dalton Highway was originally intended for oil and gas use, the state has expanded and recreational uses need to be spread out further. He suggested that history changes and the state needs to recognize the change, which may result in more facilities and more opportunities for Alaskans and non-Alaskans to use this area. He said, "We're talking about millions of acres." He suggested that there is plenty of room. He further suggested that mechanized and non-mechanized uses are not mutually exclusive. People need to learn to tolerate interests and the state need to grow as a state and should open up some of the state. 2:42:06 PM WILLIAM LANG related that he has a secondary residence in Wiseman, Alaska. He testified in opposition to HB 267. He said there is an absence of access issues since any Alaskan can walk from the Dalton Highway to the Bering Sea if they so desire. He agreed with prior testimony on the bill that the caribou estimates were overestimated at the last hearing. He commented that the Alaska Department of Fish & Game presented an estimate of 67,000 to the Board of Game at its February meeting. He speculated that harvest is underestimated. Since people who live north of the Yukon River do not need to report caribou harvest most of the harvest is unreported. He agreed with the need for a fiscal note to provide for increased infrastructure necessary for HB 267. He recalled the Chair mentioning flying to Prudhoe Bay and driving down the Dalton Highway. He asked her to imagine this trip without any AST stationed north of Fairbanks and without any emergency medical services except those provided by Alyeska Pipeline Service Company. The current emergency services are intended for the company's personnel, he stated. He thought state funding would be needed to provide additional parking areas and trash receptacles. He expressed concern about snowmachine use during years with little snow cover. He reminded people that the Iron Dog Snowmachine Race had little snow cover this year, but people participated and are motivated to use their snowmachines to hunt or race, even with little snow cover. 2:44:32 PM P.J. SIMON stated that safety is paramount. He described the Dalton Highway road conditions, including the scale of the mountains and sharp turns that truckers carrying large amounts of fuel must make. He cautioned that trucks cannot easily stop due to the enormous weight. He stressed the safety concerns. He related that the Dalton Highway supplies the oil production with needed supplies. He expressed concern over damage to fauna and flora. He thought a three to five year study should be accomplished prior to opening the Dalton Highway Corridor to snowmachine use. He said, "We count on oil as Alaskans." He concluded by stating he is firmly opposed to HB 267. 2:46:33 PM JUNE RECOFF stated that she has lived most of her life in the Brooks Range. She stated she has traveled to faraway places like Africa, but nothing rivals the Central Brooks Range. She stated that opening the Dalton Highway Corridor to indiscriminate snowmachine use at a time when the limit for caribou is five per person would constitute a travesty against prudent stewardship of land and wildlife. The threat of violence and lack of enforcement presents a very real issue. She expressed concern for the wildlife resources if snowmachines are allowed access along the Dalton Highway Corridor. She also expressed concern that local residents will be disenfranchised since they rely on the wildlife resources. She thought the bill would have irreparable repercussions and create hardships for future generations. The land and animals have represented and been symbolic of freedom, balance, hope, serenity, and purpose. She stated that she is opposed to HB 267. 2:49:04 PM CHAIR P. WILSON pointed out that this bill opens up the Dalton Highway Corridor, but the hunting rules will remain same. REPRESENTATIVE T. WILSON agreed. 2:49:38 PM DERRICK MILLER, Staff, Representative Mike Kelly, Alaska State Legislature, on behalf of the prime sponsor, stated that currently, regulations are in place for the Dalton Highway Corridor Management Area. These regulations prohibit motorized use to transport game, game material, hunting material in and out of the Dalton Highway Corridor. These regulations would still remain under HB 267. In response to Chair P. Wilson, he stated that the Board of Game oversees hunting regulations, and have established regulations to prohibit the use of snowmachines to transport game, game material, and game tools in and out of the Dalton Highway Corridor. CHAIR P. WILSON restated that people still cannot use snowmachines to hunt. MR. MILLER agreed. 2:50:48 PM REPRESENTATIVE T. WILSON asked whether snowmachines can recreate by using snowmachines, but cannot use the snowmachines to hunt. CHAIR P. WILSON recalled prior testimony. She said, "We were told that everything during hunting would be the same; this was just not during hunting. So that's not a true statement." MR. MILLER agreed that it is not a true statement. CHAIR P. WILSON related her understanding that hunting will not be the same. Currently hunters cannot use snowmachine if they are hunting. If HB 267 passes, then hunters can use snowmachines. MR. MILLER replied that this bill does not speak to any hunting regulations. It does not touch hunting regulations or anything the Board of Game oversees. This bill provides access through the Dalton Highway Corridor via snowmachine. He said, "You cannot use your snowmachine to transport game in and out. It cannot be used as another tool for hunting." 2:52:20 PM MICHELLE DEVAUL stated that she has been a tour guide for 12 years. Since 1999, she has been a guide on the Dalton Highway, traveling from Fairbanks to Deadhorse. She said she works for second largest industry, which is the visitor industry. She said she is passionately "not supportive" of HB 267. She is opposed to the bill because of the overall negative impact lack of infrastructure and lack of law enforcement since an AST is not assigned to Coldfoot. She has often observed vehicles on the road and is concerned about increased access to the Dalton Highway. She stated that when she is on the Dalton Highway during the summer and winter she has observed traffic accidents. She has even had to take an injured person to a pump station for emergency treatment. She said that this area is an arctic desert with six inches of precipitation per year, which is one reason the Prudhoe Bay oilfield has been restricted and why they must use ice roads to traverse the remote regions. She reported that during the summer she has not observed any impact from the development in the region. She related that during 50s and 60s oil exploration left cat tracks from equipment use north of Atigun Pass. She disagreed that snowmachines would have decreased impact since the type of vegetation can take 50 years to grow. She has observed permanent marks on the landscape. 2:55:26 PM KENNETH BARBER stated that he would like to have an area that is accessible to people. He did not think potential accidents or injuries should be a concern since accidents happen throughout Alaska. He said he would like to see the Dalton Highway Corridor open to more use than just snowmachines. He said he did not see anything wrong with a little scarring. 2:56:38 PM CODY STRATHE said that he is opposed to HB 267. He stated that as a graduate student at the University of Alaska he has performed extensive archeological research in the Arctic, including Gates of the Arctic National Park which borders the Dalton Highway Corridor. He explained that the majority of archeological sites are not buried, but are scattered on the surface since insufficient vegetation exists to rot and cover the remains. During low snow years which often occur north of the Brooks Range the remains can be easily damaged by snowmachines. He thinks there is a gross misconception that snowmachines will not have an impact on the land. He stated that he owns a snowmachine and has observed damage to his own land. He spent the last three years with a dog sled team at Galbraith Lake, which has huge windswept areas that snowmachines could easily damage and have a great impact. He stated that he has hunted caribou in the area. He reiterated that this road was built for industrial use and not recreational use. He offered his belief that the Dalton Highway Corridor area should be managed to protect delicate ecosystem, coastal resources, and subsistence rights that were originally established. 2:58:23 PM CHAD DIESINGER, Manager, Toolik Field State Institute of Arctic Biology, stated that a vast number of research plots surround the station. He said that low snow years would be detrimental to the research plots by snowmachine use; the plots represent 30 years worth of research. A second major concern is that the facility has an Emergency Medical Technician (EMT), and during the summer their EMP provides the only emergency response now that the Alaska State Trooper (AST) at Coldfoot has been removed from the post. He expressed concern that the bill does not have a fiscal note to improve the emergency response capabilities for increased traffic. He offered to keep his comments short but related that other comments made by testifiers as valid comments to consider. 3:00:22 PM BARRY WHITEHILL testified that he is a hunter. He is a rifle hunter and must walk, hike, or float to cross the corridor. He hunts near the Dalton Highway since it is relatively low cost, primarily paid by his own sweat. He finds the landscape free of motorized conveyances so the hunt is truly an Alaskan experience. He strongly opposed HB 267. He said it is "just a foot in the door" to open the Dalton Highway up to allow other conveyances and change the game laws to allow ORV and snowmachines for hunting. 3:01:46 PM REPRESENTATIVE JOHNSON pointed out that initially the Alaska Highway was an industrial corridor for use exclusively by the military so it is not unusual to change uses. 3:02:47 PM TAQUILIK HEPA, Director, Department of Wildlife Management, North Slope Borough (NSB), stated that she is a lifelong Alaskan. She expressed concern for the impact HB 267 will have on subsistence users in Game Management 26, in particular, for residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik. She anticipated a dramatic increase of people would use the Dalton Highway and adjacent corridor for recreational uses with passage of HB 267. The bill will provide easy access to areas important to the residents of the North Slope for subsistence use. She also anticipated an increase in user conflicts between sport hunters, recreational users, and local subsistence users. She outlined potential areas west of highway that could have devastating impact on the caribou harvest by residents of Anaktuvuk Pass area. Residents live a nomadic lifestyle and are heavily dependent on caribou and other game. When the caribou are not available and the Dall Sheep and Musk Oxen are heavily regulated, families in the area will not have sufficient game to meet their nutritional needs. She also has heard Nuiqsut residents express concern about recreational users on the Colville River area. She pointed out the intent of Dalton Highway or the "Haul Road" is for industrial purposes. People were told the Dalton Highway use would be restricted to protect subsistence use. 3:05:52 PM REPRESENTATIVE GRUENBERG asked her to provide her written testimony. DIRK NICKISH, Owner/Operator, Coyote Air, stated that the DOT&PF camps located along the Dalton Highway are industrial worksites. The DOT&PF manpower have been cut due to budget constraints in the past few years and they neither have manpower or the equipment to facilitate rescues. The campground is closed at Marion Creek during the winter and as of July the U.S. Park Service has made their Park Ranger posting a seasonal position. As previously mentioned there is no longer an AST in the area and it may be mid-summer before one is in the area. There is not any garbage disposal service and the EMS services provided by the Alyeska Pipeline Services Company are voluntary services. As a small business owner along the Dalton Highway, he often picks up trash, helps facilitate rescues, and works on law enforcement issues with Fairbanks. He stated that he is opposed to HB 267 and opening the Dalton Highway until the questions are answered would be negligent. 3:08:15 PM WADE WILLIS stated that hunters hunt beyond the five-mile corridor. There is not any long or short-term management plan for the Northern Alaska caribou herd that migrates along the Dalton Highway Corridor. He anticipated that it would bring significant impact to migration since snowmachine use would be allowed during the period that caribou are moving to the spring calving ground and hunting would be allowed in April on the calving ground. The impact will be tremendous. The Board of Game just increased the caribou bag limit to 10 in the Northwest section of Game Management Unit (GMU) 26-B which would allow use of snowmachines. He stated that this is the traditional hunting grounds of the Nuiqsut residents. He referred to the comments made at the Board of Game meeting. He related that no public testimony was taken by the board at the meeting with respect to the Dalton Highway, but sent a letter supporting HB 267, although no testimony was taken. He noted that Ben Grussendorf, who once served in the legislature, strongly opposed sending the letter. He suggested that a stakeholder group should be established to consider opening up that area to trapping. He offered his belief that a reasonable opportunity for subsistence should be considered. The "Haul Road" offers important resources to residents who areas rely on trapping. He offered to submit comments. 3:11:02 PM BERNIE HICKER, Wiseman, Alaska, stated that he has been a resident of Dalton Highway Corridor for the past 27 years. He spoke in opposition to HB 267. His family runs a bed and breakfast, the Arctic Getaway, which serves about 400 people, including Alaskans, who come there because of the wilderness. They can step off the side of the road and be in wilderness without noise. He thought it would be a shame to open up the area for "the fun of a few" to "tear this place up." He hoped the legislature would keep the area closed to snowmachines. Many photographers come to photograph animals in close proximity to the road. It is a great opportunity and the snowmachines would inhibit the ability to participate in that type of photography. He urged members to vote no on HB 267. 3:12:47 PM WYN MENEFEE, Chief of Operations, Division of Mining, Land, and Water, Department of Natural Resources (DNR), stated that there are overlapping restrictions on snowmachine in the Umiat meridian. He said that anywhere north of the meridian line requires a permit for snowmachine use. REPRESENTATIVE P. WILSON asked Mr. Menefee to identify the latitude or longitude of the meridian line. MR. MENEFEE answered that the area is located above Chandalar, in about the upper third of the Dalton Highway, although he did not know the exact mileage. He related that anywhere in that region requires a special-use designation and anyone using a vehicle must obtain a permit. He said snowmachine use would require a specific authorization any time of the year. In further response to Chair P. Wilson, he stated that currently the DNR cannot authorize recreational use of a snowmachine. Under the bill, the DNR could issue permits for snowmachine use. Thus, the bill would broaden what the DNR could authorize. CHAIR P. WILSON related that if HB 267 bill passes the DNR would change its procedures. MR. MENEFEE answered no, the procedures would not change. However, it would change what the DNR could authorize. In further response to Chair P. Wilson, he related that the DNR cannot currently authorize permits for snowmachine use or for hunting. 3:16:00 PM JOY WIEBE stated that she works as a "haul road" truck driver. She stated that she "runs fuel" on the Dalton Highway. If someone has an accident and his/her truck runs off the road the truck will stay there until towing services can arrive from Fairbanks. The road barely allows two trucks to pass and it can be unbelievably icy. She thinks that wolves and subsistence hunters are doing fine job harvesting the caribou. She related that the road is open to public, but not for snowmachines. People can cross country ski or dog mushers can use the Dalton Highway Corridor. She offered her belief that the caribou herd would be decimated. She related that pull outs are barely adequate and during storms are inadequate. North of Arctic Circle storms appear suddenly. "There is absolutely no rescue and in that case would be recovery," she said. She concluded by stating that she strongly opposes HB 267. 3:18:41 PM MS. WIEBE, in response to Chair Wilson, suggested that increased traffic would especially impact drivers during the winter since most people are unfamiliar with the Dalton Highway and tend to travel right down the middle of the road. She related that her fuel truck weighs between 105,000 to 108,000 pound and she cannot "stop on a dime." She explained that she slows down for cars, but it also very difficult to determine the actual edges of the road. She offered her belief that only two outhouse facilities are available on the Dalton Highway between Coldfoot and Deadhorse, including one at the shelf and one at mile 62. She noted that she has been afraid to stop at the outhouse at mile 62 since trash piles up and creates a bear hazard. 3:20:37 PM CHAIR P. WILSON asked for information on what would happen if her truck became involved in an accident. MS. WIEBE answered that if her truck were to hit someone that the occupants of the vehicle would not have any chance of survival so she would rather go into the ditch herself. 3:21:08 PM DANE CROWLEY, Executive Director, Sportsmen for Fish and Wildlife (SFFW), stated that the SFFW is a statewide organization represents several thousand Alaskans. Their mission is to ensure the state has an abundance of resources available and to provide access to the resources. He stated that the purpose of the Dalton Highway Corridor was to not interfere with subsistence hunting by not allowing snowmachine use in the corridor. The assumption has been that access will "wreck something." Currently, the Dalton Highway Corridor management is inconsistent since some residents are disallowed access. This bill is not about hunting, but would provide access to state lands from a state highway. He urged members to review the statute. He maintained that this bill is not about hunting but is about access to public land. 3:23:07 PM REPRESENTATIVE GRUENBERG expressed concern about the public safety along the Dalton Highway Corridor. He hoped that as the subcommittee performs it work that the lives and property of residents along the Dalton Highway Corridor will be protected. MR. CROWLEY offered to send in additional comments. 3:24:05 PM CHARLES DERRICK stated that he previously worked on the TransAlaska pipeline and has traveled most of the pipeline length. He said he is retired, owns snow machines, a satellite phone and would like to be able to travel in the early spring but cannot currently do so. He said he does not wish to hunt, but would like to do some ice fishing and explore some of the lakes in the Dalton Highway Corridor. He spoke in favor of HB 267. He asked what measures the DOT&PF has taken to improve the Dalton Highway, including adding pullouts. He related that he heard for years that insufficient pullouts and facilities exist along the Dalton Highway. He did not understand why DOT&PF has not taken any action to make improvements. [HB 267 was held over.] 3:27:21 PM