02/02/2010 10:15 AM House FISHERIES

                  HB 227-HOLITNA BASIN RESERVE                                                                              
                                                                                                                                
10:22:11 AM                                                                                                                   
                                                                                                                                
CHAIR EDGMON announced  that the only order of  business would be                                                               
SPONSOR SUBSTITUTE  FOR HOUSE BILL  NO. 227, "An Act  relating to                                                               
the establishment of  state fish and game  reserves; creating the                                                               
Holitna River  Basin Hunting, Fishing, and  Trapping Reserve; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
10:24:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE BOB HERRON, Alaska  State Legislature, referred to                                                               
the outstanding questions  that are still being  addressed by the                                                               
appropriate  state departments,  including  some legal  questions                                                               
and a delineation of the boundaries.   He suggested that the next                                                               
committee of referral may be  able to receive these responses, in                                                               
order to allow the department adequate response time.                                                                           
                                                                                                                                
10:25:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  questioned  why,  because  state  statute                                                               
already  requires  managing  land  for  abundance,  it  would  be                                                               
necessary to designate an area specifically for that reason.                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON clarified  that intensive  management (IM)                                                               
practices maximize big game populations for human consumption.                                                                  
                                                                                                                                
10:28:02 AM                                                                                                                   
                                                                                                                                
KEVIN  SAXBY,  Senior  Assistant   Attorney,  Natural  Resources                                                                
Section,  Civil  Division,   Department  of  Law  (DOL),  stated                                                                
that  current  statutory  mandates   to manage  intensively   for                                                               
game  is limited  to  certain ungulate  species  that  have  been                                                               
identified  by  the  Board  of  Game  (BOG)  as being  important                                                                
for   high  levels   of   human   use.     In  the   area   being                                                               
considered,   it applies   primarily  to  moose.   However,   the                                                               
broad  language  of the  bill refers  to  managing,  in general,                                                                
fish  and  game,  for  high  levels  of  use.    Therefore,   the                                                               
state  would  likely  interpret  that  language  to  include  fur                                                               
bearers,  predators,   fish;  and thus  [the  mandate]  wouldn't                                                                
be limited to ungulates.                                                                                                        
                                                                                                                                
10:29:28 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    KAWASAKI   inquired   how  these   populations                                                                
might be managed.                                                                                                               
                                                                                                                                
MR.   SAXBY   offered   that   animal    populations   naturally                                                                
fluctuate,    but    with    active    human    management    the                                                               
fluctuations  could  be  minimized,  providing  a  more constant                                                                
harvest.                                                                                                                        
                                                                                                                                
REPRESENTATIVE   KAWASAKI  surmised   that  the  BOG  would  make                                                               
management decisions.                                                                                                           
                                                                                                                                
10:31:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   KAWASAKI  asked  if  there  are other  statutes                                                                
that apply similarly to the management of fish.                                                                                 
                                                                                                                                
MR.  SAXBY  replied  that  it  does  occur  to  the  extent  that                                                               
fish  stocks  can  be  separately  identified   and  managed,  or                                                               
else they are managed as mixed stocks.                                                                                          
                                                                                                                                
10:31:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   MUNOZ  referred  to  page  2,  lines  [5-9]  and                                                               
asked  if there  is  a plan  for  prioritizing  the  named  uses,                                                               
or would they be equally managed.                                                                                               
                                                                                                                                
MR. SAXBY  indicated  that  this language  does  not establish  a                                                               
consumptive   use   priority,  however,   existing   subsistence                                                                
statute does provide preference.                                                                                                
                                                                                                                                
10:34:23 AM                                                                                                                   
                                                                                                                                
DAVE  TRANTHAM,  stated support  for SSHB  227,  sharing that  he                                                               
lives  in this  heavenly  area,  and believes  the  bill ensures                                                                
preservation of the Basin for future generations.                                                                               
                                                                                                                                
10:40:12 AM                                                                                                                   
                                                                                                                                
AARON   BLOOMQUIST,    Chairman,   Anchorage    Fish   and   Game                                                               
Advisory   Committee,   stated   support   for  HB   227.     The                                                               
committee  sees  this  as  a  step  towards  creating   other  IM                                                               
areas  in the  state,  without  impinging  on the  possibilities                                                                
of  development.     Pro-abundance   and  predator  control   may                                                               
again  come  under, and  this  may  assist in  fending  off  such                                                               
scrutiny.                                                                                                                       
                                                                                                                                
10:42:22 AM                                                                                                                   
                                                                                                                                
CHAIR EDGMON closed public testimony.                                                                                           
                                                                                                                                
10:43:13 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    KAWASAKI    asked   Department    of   Natural                                                                
Resources  (DNR)  how  this legislation   might impact  upstream                                                                
users that pursue developing natural gas or mining.                                                                             
                                                                                                                                
DICK  MYLIUS, Director,  Department of  Natural Resources  (DNR),                                                               
Division of Mining,  Land and Water, said  it would  add a  layer                                                               
of  consideration    when  issuing   permits,   or  leases,   and                                                               
determinations   of  whether  activities   would  conflict   with                                                               
the  intent   of  the  legislation.     Specifically,   it  would                                                               
prohibit  any  land  sales,  and there  is  one area  identified                                                                
for potential sale in the upper reaches of the watershed.                                                                       
                                                                                                                                
10:44:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   MUNOZ  noted  the  private   parcels  adjoining                                                                
the area and asked about ownership rights.                                                                                      
                                                                                                                                
MR.  MYLIUS  responded  that  they would  not  be  protected  and                                                               
that access is also protected.                                                                                                  
                                                                                                                                
REPRESENTATIVE   MUNOZ   inquired   where  that   protection   is                                                               
stipulated in the bill.                                                                                                         
                                                                                                                                
REPRESENTATIVE   HERRON   referred  to   page  3,  line   19,  to                                                               
indicate the language guaranteeing access.                                                                                      
                                                                                                                                
10:45:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    KAWASAKI   asked   about   the   private   land                                                               
holdings.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   HERRON  said that  the  west  side  parcels  are                                                               
primarily   mining   claims,   some  dating   back   100   years.                                                               
Additionally, there are Native allotments and homesteads.                                                                       
                                                                                                                                
REPRESENTATIVE   KAWASAKI  queried  whether  lease/land  holders                                                                
have  been contacted  to  ensure  that they  have  been informed                                                                
of a potential change in their land status.                                                                                     
                                                                                                                                
REPRESENTATIVE    HERRON   conceded   that   it  may   not   have                                                               
occurred,  however,   the  consideration   for  this  action  has                                                               
been  in   existence  for   about  30  years,   and  support   in                                                               
developing   this  legislation   has  come   from  some   of  the                                                               
landholders.                                                                                                                    
                                                                                                                                
10:48:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE    MILLETT   inquired   whether   anyone  holding                                                                
existing   mining  claim   would  be  grandfathered   in   or  be                                                               
hampered by permit requirements, under SSHB 227.                                                                                
                                                                                                                                
REPRESENTATIVE   HERRON   underscored    that  it   is  not   the                                                               
sponsor's   intent    to  halt   these   types   of   extraction                                                                
activities,  as  the historical   makeup of  the  basin includes                                                                
mining.                                                                                                                         
                                                                                                                                
MR. MYLIUS  concurred  and  pointed out  that the  bill does  not                                                               
restrict  privately  owned lands.   State  mining  claims are  an                                                               
exception  and would  need  to be developed  in  accordance  with                                                               
the purposes of the reserve.                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  expressed  concern  for  the ability  to                                                               
develop state mining claims in the area.                                                                                        
                                                                                                                                
REPRESENTATIVE   HERRON  suggested  that  it could  be  taken  up                                                               
in the next committee of referral.                                                                                              
                                                                                                                                
10:50:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON stated his support for SSHB 227.                                                                         
                                                                                                                                
10:51:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   KELLER   moved  to  report   SSHB  227   out  of                                                               
committee    with    individual    recommendations     and    the                                                               
accompanying  fiscal  notes.   There  being  no objection,   SSHB
  was   reported   from  the   House  Special   Committee   on                                                               
Fisheries.