1998-07-20                     House Journal                      Page 4122
HJR 201                                                                      
HOUSE JOINT RESOLUTION NO. 201 by the House Rules                              
Committee by request of the Governor:                                          
                                                                               
Proposing an amendment to the Constitution of the State of Alaska             
relating to establishing a priority for subsistence uses of fish and           
wildlife; and relating to the effective date and repeal of the                 
subsistence amendment.                                                         
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Office of the Governor, 7/20/98                              
Zero fiscal note, Dept. of Law, 7/20/98                                        

1998-07-20                     House Journal                      Page 4123
HJR 201                                                                      
The Governor's transmittal letter dated July 20, 1998, appears below:          
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
The attached joint resolution, calling for a vote on a state constitutional    
amendment, is the key element of a compromise plan developed at the            
end of the last special session.  Along with a bill I am also introducing      
today on legal standing, this resolution offers a solution to Alaska's         
longstanding subsistence dilemma.  The measure is the foundation of            
a plan that will enable the state to regain and retain complete                
management of fish and wildlife on all land and water in Alaska.               
                                                                               
This legislation will allow the people of the state to vote in this            
November's general election to amend the Alaska Constitution.  The             
constitutional amendment would require the Legislature to provide a            
subsistence priority for residents of an area substantially dependent on       
fish and wildlife.  The priority may be based on place of residence.           
                                                                               
The resolution also addresses concerns over the on-going court                 
challenge to ANILCA's subsistence provisions.  If approved by the              
voters, the constitutional amendment would not take effect until               
October 1, 2000, allowing time to pursue legal action.  Should a final         
court decision find ANILCA's subsistence priority unconstitutional, the        
state constitutional amendment would be automatically repealed.                
                                                                               
Since the last special session this approach has been reviewed and             
received the support of the Secretary of the Interior and Alaska's             
Congressional Delegation.  If favorable action is taken on a                   
constitutional amendment this year, the Secretary has agreed to delay          
further federal takeover of fish and wildlife management now slated for        
December 1 of this year. To regain state management, however, the              
Legislature must still pass state statutory changes necessary to comply        
with ANILCA.                                                                   
                                                                               
Giving Alaskans an opportunity to make their contribution to solving           
the dilemma by allowing them to vote on the amendment is critical.             
To adopt the proposal, the Legislature must act prior to the July 26           
deadline for placing an amendment on the November ballot.  I urge the          
Legislature to demonstrate its faith in Alaskans by promptly                   
considering and passing this resolution.  This is our last opportunity for     

1998-07-20                     House Journal                      Page 4124
HJR 201                                                                      
a number of years to prevent the federal government from dominating            
the management of fish and wildlife in Alaska.                                 
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"