Legislature(1999 - 2000)

1999-09-22 House Journal

Full Journal pdf

1999-09-22                     House Journal                      Page 1812
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 subsistence use of renewable natural resources by                  
residents of the state; and providing for an effective date.                   

1999-09-22                     House Journal                      Page 1813
HJR 201                                                                      
was read the first time and referred to the Resources and Judiciary            
Committees (meeting jointly) and the Finance Committee.                        
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Office of the Governor, 9/22/99                                   
Fiscal note, Dept. of Fish & Game, 9/22/99                                     
                                                                               
                                                                               
The Governor's transmittal letter dated September 22, 1999, appears            
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
On October 1 the federal government will take over management of               
subsistence fishing on nearly 60 percent of Alaskas rivers and lakes.          
That date will mark a historic reversal of Alaskas independence.  Our          
state will lose the right to manage a significant portion of the fish and      
wildlife within its borders, a right that was at the heart of the battle for   
Alaska Statehood.  Today I am once again putting forward the only              
approach that will prevent this federal takeovera simple, permissive           
constitutional amendment to be placed before the voters at the next            
general election.                                                              
                                                                               
In the past, the consequences of inaction by the Legislature have been         
postponed by the action of our Congressional delegation and the                
Secretary of Interior, but the messages from Washington now are loud           
and clear: No one is going to bail us out again; there are no more             
reprieves.  Either the Legislature acts to bring the state into compliance     
with the provisions of ANILCA, or the federal government will expand           
its current management of game resources on federal lands to include           
the management of fisheries for subsistence on inland rivers and lakes         
within and adjacent to federal public lands.                                   
                                                                               
The potential impact of fisheries management is far greater than that          
of game management.  Because of the complexity of fishery                      
management, the federal government's reach, under the federal case             
law principle of "extra-territoriality," could well extend to fish now         
managed by the state in waters distant from federal lands.                     
                                                                               

1999-09-22                     House Journal                      Page 1814
HJR 201                                                                      
This joint resolution calls for a vote on a state constitutional               
amendment to permit a preference to rural residents for subsistence            
uses of renewable natural resources, a principle a majority of Alaskans        
support.  Subsistence defines the special tie we as Alaskans have to           
our land.  It makes us unique among the 50 states.  In rural Alaska,           
subsistence is the special bond that defines the very essence of the           
rural way of life.                                                             
                                                                               
The language of the amendment is similar to what I have proposed in            
the past and what has been recommended by the Governors                        
Subsistence Task Force and rural legislators.  When the amendment is           
coupled with appropriate statutory changes, it will enable the state to        
comply with ANILCA, thereby retaining complete management of fish              
and regaining management of wildlife on all land and water in Alaska.          
                                                                               
Over the years, we have studied many options for resolving the                 
subsistence issue.  Now, we are down to two.  We can place a simple,           
permissive constitutional amendment on the ballot to be decided by             
Alaskans, or we can relinquish, without a whimper, some of our most            
precious assets to the heavy hand of federal management.  There are            
no other alternatives.                                                         
                                                                               
Every public opinion survey says Alaskans want us to act to preserve           
state sovereignty and the culture of rural residents.  As elected leaders,     
I urge you to demonstrate your faith in Alaskans by allowing a vote on         
this measure that will avert a federal takeover.                               
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"