Legislature(2023 - 2024)BARNES 124
01/24/2024 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB243 | |
| HB201 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 243 | TELECONFERENCED | |
| *+ | HB 201 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 201-RESIDENCY REQ: HUNTING, TRAPPING, FISHING
1:58:04 PM
CHAIR MCKAY announced that the final order of business would be
HOUSE BILL NO. 201, "An Act changing the residency requirements
for hunting, trapping, and sport fishing privileges; and
providing for an effective date."
1:58:35 PM
REPRESENTATIVE REBECCA HIMSCHOOT, Alaska State Legislature, as
prime sponsor, presented HB 201. She explained the source and
goals of HB 201 are to resolve the concerns of her constituents
and to provide a potential solution. She explained that a
residency law to hunt and fish does not have an annual residency
term. She explained residency of six months to get the
permanent fund dividend (PFD) should be the standard; exemptions
would be military deployment, education, and medical leave. She
highlighted that the problem is that out-of-state fishermen and
hunters don't know how long they need to reside in Alaska to
become a resident and pay different permit fees. She sourced an
example from the Alaska State Troopers who have a difficult time
ascertaining how long a person that is hunting and/or fishing
has legally obtained residency. She said the ultimate goal of
HB 201 is to manage the resource and make sure year-round
residents have access to those resources with slightly lower
[permit] fees. She asserted the assemblies from Petersburg,
Sitka, Craig, Yakutat, and Prince of Wales [Island] are all in
unanimous support of HB 201, as is the Safari Club of Alaska.
2:03:44 PM
THATCHER BROUWER, Staff, Representative Rebecca Himschoot,
Alaska State Legislature, on behalf of Representative Himschoot,
prime sponsor, provided a sectional analysis of HB 201 [included
in a committee packet] which read as follows [original
punctuation provided]:
Section 1 amends AS 16.05.400 by adding a new
subsection that requires a person issued a permanent
identification card may only sport fish, hunt or trap
as long as the person meets the residency requirements
outlined in the bill.
Section 2 amends AS 16.05.415(a) to require an
individual, to qualify for a resident hunting,
trapping and sportfishing license, to be physically
present at all times during the 12 months preceding
the application, and if absent, only absent as allowed
for someone who is eligible for a permanent fund
dividend (AS 43.23.0008).
Section 3 amends AS 16.05.415(e) to require an alien,
to qualify for a resident hunting, trapping and
sportfishing license, to be physically present at all
times during the 12 months preceding the application,
and if absent, only absent as allowed for someone who
is eligible for a permanent fund dividend (AS
43.23.0008).
Section 4 adds a new subsection to AS 16.05.415
directing the commissioner to adopt regulations under
AS 44.62 for determining eligibility of a person to
receive a resident license.
Section 5 adds a new section to uncodified law
allowing the Department of Fish and Game to adopt
regulations necessary to implement the bill.
Section 6 establishes an immediate effective date for
section 5 of the bill.
Section 7 establishes a January 1, 2025, effective
date for the remainder of the bill.
2:05:37 PM
REPRESENTATIVE RAUSCHER recalled his past experiences of
obtaining a fishing and hunting license and asked if HB 201
might slow down the process and questioned the zero fiscal note.
He observed that there were no statistics to indicate why there
is a zero fiscal note.
REPRESENTATIVE HIMSCHOOT explained that under HB 201, a person
applying for a hunting and fishing license in Alaska would need
to be eligible for the PFD, but would not necessarily collect
the dividend. She said out-of-state hunters and fisherman are
not affected by HB 201. She recounted that people in her
district are finding it harder and harder to fill their freezers
for the year because of additional pressure on the resources.
2:08:11 PM
REPRESENTATIVE MCCABE indicated that HB 201 would be problematic
in terms of AS 43.23.008, which limits residency. He noted that
certain professions require workers to be absent from the state.
He opined that HB 201 has some holes in it.
2:09:29 PM
REPRESENTATIVE HIMSCHOOT said she has also been excluded from
the PFD in certain years during a two-year fellowship with the
National Science Foundation.
2:10:23 PM
REPRESENTATIVE SADDLER pondered whether applicants should be
trusted on their merit or if a fiscal note might be necessary to
enforce proof of residency.
REPRESENTATIVE HIMSCHOOT confirmed residency is taken on a
person's word given to the Alaska State Troopers.
2:12:08 PM
SCOTT NEWMAN, representing self, provided his experience as a
lifelong Alaskan from Petersburg, commercial fisherman, pilot,
hunting guide, and assembly member in the Petersburg Borough.
He testified in support of HB 201 specifically for the residency
requirement. He insisted that some seasonal residents claim
they have paid their dues but are clearly not [year-round]
residents. He insinuated these people were not Alaskans and
should not have the same privileges to hunt and fish as
permanent Alaska residents. He reiterated the requirement to
apply for the PFD is not the same as a hunting and fishing
license and there is no enforcement of this loophole.
2:15:10 PM
LEIF WILSON, representing self, related that as a life-long
Alaskan and lodge owner/pilot, he is testifying in support of HB
201. He said he was dismayed that people are taking advantage
of Alaska residency. He said a client from Georgia became a
resident and began hunting and fishing after spending a year in
Alaska and obtained a resident license. He said the client
spends a month or a few weeks a year in Alaska and is following
the law. He objected to snowbirds that do not live in Alaska at
least half of the year who benefit from the hunting and fishing
regulations.
2:18:49 PM
KURT WHITEHEAD, representing self, opined that the advisory
council was not addressing the number one problem in Prince of
Wales Island (POW), which is the term, "domicile". He expressed
concern that there are not enough members of the POW Advisory
Council that are year-round residents. He maintained many
persons in POW only come up for the summer to fish and do not
contribute to the local economy. He expressed his thanks to
Representative Himschoot for her sponsorship of HB 201.
2:25:17 PM
REPRESENTATIVE RAUSCHER asked if an individual would have to
forfeit their hunting rights, in addition to their PFD, if they
left the state for a period of time.
2:27:03 PM
REPRESENTATIVE HIMSCHOOT responded by defining one "exception"
as a member who provides for family members.
2:27:12 PM
REPRESENTATIVE SADDLER opined that the zero fiscal note is
problematic. He noted the penultimate paragraph of HB 201
states a fish and game permit would have to be updated but would
cost a great deal of money.
2:28:12 PM
COMMISSIONER VINCENT-LANG explained how current fees work for
fishing and hunting licenses. He said HB 201 would require
hunters and fishers to maintain their residence in Alaska under
the PFD criteria. He said the essence of HB 201 is to allow a
certified person to be checked against the PFD to also be a
licensed hunter or fisher. In response to another question, he
said that the criteria to prove residency in the field is very
loose and is up to the legislature to decide.
2:30:29 PM
CHAIR MCKAY was reminded of the red-flag [gun] law, under which
a person could "rat out" your neighbor.
2:30:40 PM
REPRESENTATIVE SADDLER questioned how HB 201 could be effective
in the field.
2:31:28 PM
AARON FRENZEL, Deputy Director, Major of the Alaska Wildlife
Troopers, answered how enforcement is handled by the Wildlife
Troopers across the state. He described residency is checked
and enforced in the field by context. He reflected that many
residents have contacted the Alaska Wildlife Trooper to report
suspicious illegal hunting which will begin an investigation.
2:33:19 PM
REPRESENTATIVE DIBERT asked how long a person can be absent from
the state and still claim residency.
2:33:51 PM
MAJOR AARON FRENZEL replied that he has been asked this question
repeatedly in the military and clarified there is no limit on
the time someone has to live in the state to be a resident. He
said that if someone claims Alaska as their permanent domicile
there isn't much that can be done by law enforcement to
challenge their residency status.
2:34:22 PM
CHAIR MCKAY used an example of a recreational vehicle (RV)
owner, who would reside in Alaska only for June and July,
harvest fish and game, and then return to the Lower 48 and not
be qualified for the PFD.
2:35:10 PM
REPRESENTATIVE MCCABE illustrated the problem with HB 201 is
that it would tie hunting and fishing licensing to the PFD. He
stated opposition to the bill.
2:37:11 PM
REPRESENTATIVE HIMSCHOOT responded to Representative McCabe that
Alaskans, living here year-round, place a high value on their
resources and incur a high cost of living standard. She
maintained that it is a choice to stay or leave the state. She
noted that college students fall under the current exceptions of
licensees.
2:38:15 PM
REPRESENTATIVE MCCABE noted that exemptions under HB 201 would
allow for higher education but seminaries aren't included.
2:39:14 PM
REPRESENTATIVE HIMSCHOOT reiterated that as an Albert Einstein
Distinguished Educator Fellow of the National Science
Foundation, she had been excluded from collecting the PFD during
her time in Washington D.C. She said some residents will always
be left out of certain programs in order to enjoy the benefits
of traveling outside of the state.
2:40:36 PM
REPRESENTATIVE MEARS asked Major Frenzel if there was a
residency requirement to hunt and fish.
2:41:34 PM
MAJOR AARON FRENZEL explained there are three things enforcement
looks for in a conviction: the first, is a person who hasn't
lived in the state for 12 months; the second is called, "the
smoking gun," where a resident from another state retains
benefits from that state while claiming residence in Alaska; the
third reason is someone who retains two domiciles. He explained
some situations are easier to enforce than others.
2:43:10 PM
COMMISSIONER VINCENT-LANG defined what "residency" means to
ADF&G and said there needs to be a clearer definition.
2:44:30 PM
REPRESENTATIVE RAUSCHER asked if a person forgets to fill out a
PFD application would lose their hunting license.
2:44:57 PM
COMMISSIONER VINCENT-LANG explained one residency requirement
for the PFD is the intent to stay in Alaska for 12 months.
2:45:26 PM
REPRESENTATIVE RAUSCHER interrupted Commissioner Vincent-Lang to
ask if people are taken at their word when verifying residency.
2:45:54 PM
REPRESENTATIVE HIMSCHOOT added that under HB 201 nothing changes
in terms of the PFD and hunting/fishing licenses. Her hope is
that there would be less need for enforcement as a result of HB
201.
2:46:30 PM
REPRESENTATIVE SADDLER offered his understanding HB 201 has the
intent of closing a loophole but said the problem is many
hunters and fishers aren't being honest. He suggested an
alternate way to alleviate the problem could be to impose a fish
export tax.
2:47:36 PM
COMMISSIONER VINCENT-LANG divulged a fish export tax has been
discussed at ADF&G for a long time, but that is a policy issue
that the legislature would have to enact. Commissioner Vincent-
Lang suggested another issue for the legislature to solve is
that of senior license requirements, which are problematic
because they are lifelong and have been a major issue at ADF&G.
2:48:59 PM
REPRESENTATIVE ARMSTRONG asked the age an individual would have
to be to get a permanent senior license and whether HB 201 would
change that age.
2:49:21 PM
COMMISSIONER VINCENT-LANG explained that HB 201 would change
only the permit application for the permanent license, which
would have the same requirements as the PFD application.
2:49:46 PM
REPRESENTATIVE HIMSCHOOT conveyed that a person who applies for
permanent status, under HB 201, would never have to re-apply.
2:50:11 PM
REPRESENTATIVE SADDLER directed attention to language on page 2,
in Section 4 of HB 201, and asked how proof of residency would
be enforced for people claiming residency in other states.
2:51:02 PM
MAJOR FRENZEL replied that other states' residency databases are
available but the Division of Wildlife Troopers does not have
the resources to investigate each application.
2:51:54 PM
REPRESENTATIVE SADDLER stated his assumption the Permanent Fund
Division handles verification databases, and he suggested law
enforcement should have the same access to that database.
REPRESENTATIVE HIMSCHOOT deferred to Major Frenzel.
2:52:54 PM
MAJOR FRENZEL responded that the Division of Wildlife Troopers
does currently work with the Permanent Fund Division
investigators but cannot make these investigators agents for the
troopers.
2:53:17 PM
REPRESENTATIVE MCCABE pointed out Canadian fishermen would be
exempt and unable to fish in Alaska if HB 201 were to pass.
2:53:46 PM
COMMISSIONER VINCENT-LANG said Alaska has a reciprocal fishing
agreement with the Yukon Territory. He offered his
understanding that Canadians would be excluded under HB 201, but
he said he would need to check with the Department of Law.
2:54:40 PM
REPRESENTATIVE RAUSCHER cited that ranked choice voting was very
expensive to train staff and to implement. He asked why there
was no fiscal note for HB 201 reflecting the cost of training.
COMMISSIONER VINCENT-LANG said HB 201 is fiscally responsible
from the department's perspective.
2:56:09 PM
CHAIR MCKAY announced HB 201 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 201 Sponsor Statement - Version U 6.12.23.pdf |
HRES 1/24/2024 1:00:00 PM |
|
| HB 201 Sectional Analysis - Version U 5.16.23.pdf |
HRES 1/24/2024 1:00:00 PM HRES 1/26/2024 1:00:00 PM |
HB 201 |
| HB 201 Research - Southeast Alaska Resident and Non-Resident Sportfishing Regulations 5.12.23.pdf |
HRES 1/24/2024 1:00:00 PM HRES 1/26/2024 1:00:00 PM |
HB 201 |
| HB 201 Research - Alaska Resident and Non-Resident License Fees 5.17.23.pdf |
HRES 1/24/2024 1:00:00 PM HRES 1/26/2024 1:00:00 PM |
HB 201 |
| HB 201 Research - Allowable Absences 1.4.24.pdf |
HRES 1/24/2024 1:00:00 PM HRES 1/26/2024 1:00:00 PM |
HB 201 |
| HB 201 Letters of Support Received by 1.9.24.pdf |
HRES 1/24/2024 1:00:00 PM |
|
| HB 201 Letters of Support Received by 1.23.24.pdf |
HRES 1/24/2024 1:00:00 PM |
|
| SponsorStatement on HB-243.pdf.pdf |
HRES 1/24/2024 1:00:00 PM |
HB 243 |
| HB 243 - Fiscal Note.pdf |
HRES 1/24/2024 1:00:00 PM |
HB 243 |