Legislature(1999 - 2000)

2000-02-10 Senate Journal

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2000-02-10                     Senate Journal                      Page 2257
SJR 36                                                                       
SENATE JOINT RESOLUTION NO. 36 BY THE SENATE RULES                             
COMMITTEE BY REQUEST OF THE GOVERNOR,                                          
                                                                               
Proposing amendments to the Constitution of the                               
State of Alaska relating to use of renewable                                   
resources for subsistence by residents.                                        
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
Fiscal note published today from Office of the Governor.                       
                                                                               
Governors transmittal letter dated February 9:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
On October 1, 1999, the federal government took over management                
of subsistence fishing on nearly 60 percent of Alaska's rivers and             
lakes. That date marked a historic reversal of Alaska's independence.          
Our state lost 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.                                                   
                                                                               
                                                                               

2000-02-10                     Senate Journal                      Page 2258
SJR 36                                                                       
Although the Alaska Legislature had years of regular sessions and              
five special sessions to take action, in the end a few legislators             
denied Alaskans the opportunity to vote on a constitutional                    
amendment which could have prevented federal takeover. The                     
legislation I am introducing today will once again give the legislature        
and, ultimately, Alaska citizens, an opportunity to reverse that federal       
takeover and allow us to regain management of both subsistence                 
fishing and subsistence hunting on all land and water in the state.            
                                                                               
During the special session I called last September, we came very               
close to resolving this issue. A constitutional amendment permitting           
compliance with federal law passed the House and came within two               
votes of the required two-thirds vote in the Senate. The resolution I          
am introducing calls for a constitutional amendment identical to the           
resolution passed last fall by the House of Representatives. Passage           
of the resolution, and its subsequent approval by Alaska voters at             
this falls general election, would allow the state to adopt appropriate        
statutory changes to come into compliance with provisions of the               
Alaska National Interest Lands Conservation Act (ANILCA) requiring             
a rural priority for subsistence use of fish and wildlife on federal           
public lands in Alaska.                                                        
                                                                               
This joint resolution calls for a vote on a state constitutional               
amendment to permit a preference to and among residents of the                 
state for subsistence uses of wild renewable resources. This is a              
principle that a majority of Alaskans support. Subsistence provides            
the special tie Alaskans have to the land. It makes Alaska 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 failure to act before the October 1, 1999, deadline allowed the            
federal government to expand its current management of subsistence             
hunting on federal land to include the management of subsistence               
fishing on inland rivers and lakes within and adjacent to federal              
public land. The potential impact of federal fisheries management is           
far greater than that of federal game management and could have                
impacts evident as early as this fishing season. Because of the                
complexity of fisheries management, and because of the federal case            
law principle of extra-territoriality, the federal government's reach          
could well extend to fish that are now managed by the state in water           
distant from federal land.                                                     

2000-02-10                     Senate Journal                      Page 2259
SJR 36                                                                       
Over the years, we have studied many options for resolving the                 
subsistence issue. However, only a constitutional amendment will               
lead us to regaining state management. While there are several viable          
approaches to specific wording, including a resolution I introduced            
last session, SJR 23, we must pick up where we left off on                     
providing a rural subsistence preference through a constitutional              
amendment. If we do not act, we will let the heavy hand of federal             
management direct the conservation and allocation of fish and                  
wildlife, some of our most precious assets.                                    
                                                                               
We must act as Alaskans, together - now - for two purposes: to                 
regain state management of our fish and game and protect the                   
essential role of subsistence in the culture and economy of rural              
Alaska. As elected leaders, I urge you to demonstrate your faith in            
Alaskans by allowing a vote on this measure.                                   
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor