Legislature(2017 - 2018)BUTROVICH 205
04/20/2018 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB130 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 130 | TELECONFERENCED | |
HB 130-GAME REFUGE/CRIT HABITAT AREA BOUNDARIES
3:30:39 PM
CHAIR GIESSEL announced consideration of HB 130 [version 30-
GH1871\A was before the committee], sponsored by the Rules
Committee at the request of the Governor. It was first heard on
February 2 and public testimony was opened and closed.
3:31:01 PM
SENATOR COGHILL moved to adopt SCS HB 130 (RES), version 30-
GH1871\J, as the working document.
CHAIR GIESSEL objected for an explanation.
3:31:19 PM
AKIS GIALOPSOS, staff to Senator Giessel and the Senate
Resources Committee, Alaska State Legislature, Juneau, Alaska,
provided a section analysis for SCS HB 130 (RES) from version \A
to version \J.
He said the first set of changes are formatting and legislative
legal changes. This was done because this is a Governor's bill
that is going through the legislative legal drafting process for
the first time. So, certain conforming changes needed to occur.
For example, Section. 2 of the CS (Page 2, Line 3 to Page 3,
Line 15) formats reference to AS 16.20.030(a) by simply removing
a superfluous cross reference. Nothing substantive was removed
as a consequence.
The second changes are in Sections 10 and 11 of Version A and
are moved to the beginning of the CS, now named Sections 3 and 4
(Page 3, Line 16 to Page 6, Line 18). No changes were made in
the bill language for those sections.
Finally, the effective date in Version A was July 1, 2017. The
effective date for the Senate Committee Substitute (SCS) is July
1, 2018 (Section 50, Page 40, Line 19).
3:31:44 PM
SENATOR WIELECHOWSKI joined the committee.
3:32:44 PM
MR. GIALOPSOS said the next set of changes clarify the purpose
of State Game Refuges and Critical Habitat Areas as follows:
Section. 1 of the CS, a new section (Page 1, Line 11 to Page 2,
Line 2), updates the language in AS 16.20.020 (Purpose of State
Game Refuges) that the purpose of state game refuges are "to
conserve [PROTECT] and preserve the natural habitat and game
population in certain designated areas of the state."
The same change happens on Section 41 of the CS (Page 32, Lines
15-19), that updates the language in AS 16.20.500 (Purpose of
State Critical Habitat Areas).
3:33:22 PM
A third tranche has a majority of the changes as follows:
State game refuges which allow hunting are renamed
"Game Refuges and Hunting Preserves." That change
conforms with the Anchorage Coastal Wildlife Refuge
being renamed the "Anchorage Coastal Wildlife Refuge
and Hunting Preserve." (Section 6 of the CS).
That occurs with the Palmer Hay Flats State Game
Refuge being renamed the "Palmer Hay Flats State Game
Refuge and Hunting Preserve." And conforms with
Section 7, 8, 9, and 10 of the CS.
It's true with Yakataga State Game Refuge being
renamed the "Yakataga State Game Refuge and Hunting
Preserve." The conforming references are found in
Sections 11, 12, 13, 14, 15, 16, and 17.
The Mendenhall Wetlands State Game Refuge being
renamed the "Mendenhall Wetlands State Game Refuge and
Hunting Preserve." Conforming references found in
Sections 18, 19, 20, and 21.
To the Susitna Flats State Game Refuge being renamed
the "Susitna Flats State Game Refuge and Hunting
Preserve." Conforming references found in Sections 22,
23, 24, and 25.
The Minto Flats State Game Refuge being renamed the
"Minto Flats State Game Refuge and Hunting Preserve."
Conforming references are found in Sections 26, 27,
28, 29, 30, 31, and 31.
The Trading Bay State Game Refuge being renamed
"Trading Bay State Game Refuge and Hunting Preserve."
Conforming references are found in Sections 33, 34,
35, 36, 37, and 38.
And Creamer's Field Migratory Waterfowl Refuge being
renamed the "Creamer's Field Migratory Waterfowl
Refuge and Hunting Preserve." Conforming references
are found in Sections 39 and 40.
3:35:30 PM
Finally, he said the CS inserts transition language, which is a
new section 49 (Page 40, Lines 12-18) clarifying the Departments
of Natural Resources and Fish and Game will update physical
signage and literature on an as-needed basis, and not
specifically because of any changes in Sections 6-40, the
renaming provisions. However, the transition language directs
those departments to update their digital publications.
CHAIR GIESSEL thanked him and reiterated the reason for this CS:
-Our hunting tradition drove the creation of these refuges and
that needs to be reaffirmed.
-Pitman Roberts funds, which come from outdoorsmen purchasing
ammunition keep our game refuges open.
-The word "refuge" means different things to different user
groups. The refuges listed here are meant to be used by multiple
user groups, hunting being a key activity.
-Nothing in changing the name changes how the refuge is managed
or practices of the refuge.
-"This is proactive, protective measure of our outdoor
heritage," and a legal opinion states that the bill does not
amend any of the substantive provisions governing hunting in
these areas. Hunting is allowed in these affected refuges.
-The transition is clear; the bill is not mandating physical
changes to signage or pamphlets right now; that will happen on
an as-needed basis.
-Lastly, the substantive changes in the original bill, the plots
and coordinate corrections remain in this bill and are
unchanged.
CHAIR GIESSEL maintained her objection and asked if the
committee had further discussion.
3:37:36 PM
SENATOR WIELECHOWSKI said he received a few phone calls of
concern today from people who live nearby the Anchorage Coastal
Wildlife Refuge and the Creamer's Field Migratory Waterfowl
Refuge, and he thought that some public comment was needed to
hear from those people. He asked if the CS had come out today.
He was also curious if the department had any comments on it.
CHAIR GIESSEL answered yes; it had come out just today and then
referred members to the legal opinion and invited Mr. Dale to
respond.
3:40:04 PM
BRUCE DALE, Director, Division of Wildlife Conservation, Alaska
Department of Fish and Game, Anchorage, Alaska, said they had
some uncertainty about what HB 130 would do, but the legal
opinion that management plans wouldn't change or that refuges
wouldn't be managed any differently negates that.
The word "protect" is used elsewhere in the enabling legislation
in references for both Yakataga Refuge and Susitna Flats and
they weren't sure what the contradiction would be in using
different words.
MR. DALE said that one thing will cause confusion, however, and
that is the change to the title. The term "Hunting Preserve" in
the Lower 48 and Africa generally refers to a place where people
can hunt for a fee, most often private lands, and generally
enjoy good success because the lands are stocked or supplemented
with food, water or minerals and often are fenced-in where
predation is minimal. Both visitors and residents will wonder
what the purpose of the area is, because of the title change.
Another thing: portions of Creamer's Field and Anchorage Coastal
Wildlife Refuge are closed to hunting and that language reflects
the authority to open or close hunting remains solely in the
hands of the Board of Game.
CHAIR GIESSEL asked if this CS changes in any way the
department's methodology in managing these areas.
MR. DALE answered no, based on the legal opinion.
CHAIR GIESSEL summarized that the Anchorage Coastal Trail and
Creamers Field would still be managed as it always has been
even. She assumed they would still not allow hunting in
Creamer's Field.
MR. DALE said that is correct. That is something the Board of
Game has authority over.
3:43:40 PM
SENATOR WIELECHOWSKI asked if the managers of Creamers Field had
been consulted.
CHAIR GIESSEL said the director oversees that individual and
asked Senator Wielechowski why he would want to speak to that
individual.
SENATOR WIELECHOWSKI replied because he wants to hear what the
director of Creamer's Field has to say. His office contacted the
director and he was very surprised at this change and thought it
was very unusual.
CHAIR GIESSEL said the line was open right now and to ask him to
call in.
3:44:18 PM
TAMMY MASSIE, Biologist, Division of Habitat, Alaska Department
of Fish and Game, Anchorage, Alaska, said she just saw this
version of HB 130 this morning and would appreciate more time to
look at possible ramifications.
CHAIR GIESSEL asked her if these areas are managed for hunting
now.
MS. MASSIE replied no; the Board of Game makes the hunting
regulations. But hunting is allowed in limited portions of the
sectors described in the bill.
CHAIR GIESSEL asked if she is aware of any problems.
MS. MASSIE answered no.
CHAIR GIESSEL asked if she thinks the Board of Game will
suddenly change the hunting guidelines for these areas.
MS. MASSIE answered no.
3:46:08 PM
SENATOR WIELECHOWSKI said he got multiple calls from people who
are concerned about this draft and wants an opportunity to hear
about this issue from the public. He also noted that changing
names should have a fiscal note.
3:47:54 PM
MORGAN FOSS, Legislative Liaison, Alaska Department of Fish and
Game (ADF&G), Juneau, Alaska, said their Habitat and Wildlife
Divisions have reviewed this version of HB 130 today and see no
fiscal impact to the department as the name changes can happen
in their normal order of business.
CHAIR GIESSEL asked if she anticipates a zero fiscal note as the
signage won't have to be changed immediately and can happen
during the normal course of business.
MS. FOSS answered yes.
SENATOR VON IMHOF verified that hunting is allowed in these
areas and for the foreseeable future as long as the Board of
Game directs so. She asked if adding "hunting" to the signs will
have any material impact.
MS. FOSS replied that the department does not foresee any impact
to how it would manage these areas based on language in the
bill. These are Board of Game decisions that they would defer
to, as well.
CHAIR GIESSEL removed her objection and asked if there was
further objection to adopting the CS.
SENATOR WIELECHOWSKI objected and said this version was drafted
on April 4, two weeks ago, and was sprung on them a couple of
hours ago. He got multiple calls from people who said they
wanted to be able to testify on it. One Division of Habitat
biologist said she wanted more time, and he asked for a few more
days to hear from the public before adopting it.
CHAIR GIESSEL said they have also heard that this version makes
no material change in how these areas are managed; that it is up
to the Board of Game, and they will continue to manage them as
they have.
A roll call vote was taken: Senators Meyer, von Imhof, Coghill,
and Chair Giessel voted yea; Senator Wielechowski voted nay.
CHAIR GIESSEL announced that the committee substitute was
adopted.
SENATOR COGHILL moved to report SCS HB 130(RES), 30-GH1871\J,
from committee with individual recommendations and zero fiscal
note.
SENATOR WIELECHOWSKI objected for the same reasons he stated for
adopting the CS: the public should have an opportunity to
testify on this.
A roll call vote was taken: Senators Meyer, von Imhof, Coghill,
and Chair Giessel voted yea; Senator Wielechowski voted nay.
CHAIR GIESSEL announced that SCS HB 130(RES) moved from
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB130 - Version J.pdf |
SRES 4/20/2018 3:30:00 PM |
HB 130 |
| CSHB130 - Explanation of Changes - Version A to Version J.pdf |
SRES 4/20/2018 3:30:00 PM |
HB 130 |
| CSHB130 - Legislative Legal Memo.pdf |
SRES 4/20/2018 3:30:00 PM |
HB 130 |