03/20/2024 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Department of Environmental Conservation | |
| HB295 | |
| HJR22 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 295 | TELECONFERENCED | |
| += | HJR 22 | TELECONFERENCED | |
| *+ | HB 388 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 20, 2024
1:07 p.m.
MEMBERS PRESENT
Representative Tom McKay, Chair
Representative George Rauscher, Vice Chair
Representative Thomas Baker
Representative Kevin McCabe
Representative Dan Saddler
Representative Stanley Wright
Representative Jennie Armstrong
Representative Donna Mears
Representative Maxine Dibert
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Department of Environmental Conservation
Emma Pokon - Utqiagvik
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 295
"An Act relating to salmon hatchery permits; and authorizing the
sale of salmon to permitted persons for stocking lakes."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 22
Proposing an amendment to the Constitution of the State of
Alaska relating to subsistence use of replenishable natural
resources by state residents; and providing for an effective
date for the amendment.
- HEARD & HELD
HOUSE BILL NO. 388
"An Act relating to state loans for oil and gas projects in the
Cook Inlet sedimentary basin; relating to the Alaska Energy
Authority; relating to the Alaska Industrial Development and
Export Authority; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 295
SHORT TITLE: SALMON HATCHERY PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/24 (H) READ THE FIRST TIME - REFERRALS
01/26/24 (H) FSH
02/06/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/06/24 (H) Scheduled but Not Heard
02/20/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/20/24 (H) -- MEETING CANCELED --
02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/27/24 (H) Heard & Held
02/27/24 (H) MINUTE(FSH)
03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/05/24 (H) <Bill Hearing Canceled>
03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/07/24 (H) Moved CSHB 295(FSH) Out of Committee
03/07/24 (H) MINUTE(FSH)
03/11/24 (H) FSH RPT CS(FSH) NEW TITLE 4DP 3NR
03/11/24 (H) DP: CARPENTER, STUTES, MCCABE, VANCE
03/11/24 (H) NR: C.JOHNSON, HIMSCHOOT, MCCORMICK
03/13/24 (H) RES REFERRAL ADDED AFTER FSH
03/18/24 (H) RES AT 1:00 PM BARNES 124
03/18/24 (H) -- MEETING CANCELED --
03/20/24 (H) RES AT 1:00 PM BARNES 124
BILL: HJR 22
SHORT TITLE: RESIDENT SUBSISTENCE USE OF FISH/GAME
SPONSOR(s): BAKER
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) RES, JUD
03/13/24 (H) RES AT 1:00 PM BARNES 124
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(RES)
03/20/24 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
EMMA POKON, Acting Commissioner Appointee
Department of Environmental Conservation
Utqiagvik, Alaska
POSITION STATEMENT: Testified as appointee for commissioner of
the Department of Environmental Conservation.
DOUG VINCENT-LANG
Commissioner, Department of Fish & Game
Anchorage, Alaska
POSITION STATEMENT: Presented CSHB 295(FSH) on behalf of the
bill sponsor, House Rules, by request of the governor.
JOE FELKL, Legislative Liaison
Office of the Commissioner
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: On behalf of the bill sponsor, House Rules
by request of the governor, gave a sectional analysis of CSHB
295(FSH) and a summary of changes from the original bill version
to CSHB 295(FSH).
FLIP PRYOR, Section Chief
Division of Commercial Fisheries, Alaska Department of Fish &
Game
Juneau, Alaska
POSITION STATEMENT: On behalf of the bill sponsor, House Rules
by the governor, explained how fish stock permits are granted.
JULIE KITKA, President
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Gave testimony on HJR 22.
ROSITA WORL, PhD, President
Sealaska Heritage Institute
Juneau, Alaska
POSITION STATEMENT: Testified on HJR 22.
GAYLA HOSETH, Director
Natural Resources Program
Bristol Bay Native Corporation
Dillingham, Alaska
POSITION STATEMENT: Testified on HJR 22.
DOUG VINCENT-LANG, Commissioner
Alaska Department of Fish & Game
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HJR 22.
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature
Dillingham, Alaska
POSITION STATEMENT: Gave advice on HJR 22.
ACTION NARRATIVE
1:07:46 PM
CHAIR MCKAY called the House Resources Standing Committee
meeting to order at 1:07 p.m. Representatives McKay, Rauscher,
Baker, McCabe, Saddler, Wright, Armstrong, Mears, and Dibert
were present at the call to order. Representatives * arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Department of Environmental Conservation
Department of Environmental Conservation
1:09:42 PM
CHAIR MCKAY announced that the first order of business would be
a confirmation hearing on the governor's appointee for
commissioner of the Department of Environmental Conservation.
1:10:32 PM
EMMA POKON, Acting Commissioner Appointee, Department of
Environmental Conservation. She broke down the duties of the
Department of Environmental Conservation (DEC), explaining how
it benefits Alaska. She explained her reasoning as to why she
would be a good commissioner through her history in Alaska, her
ecological and conservation background, her academic history,
and her history working in environmental law. She explained how
her initial time in Alaska working for the Department of Law
introduced her to the challenges of environmental law specific
to Alaska.
1:15:25 PM
REPRESENTATIVE SADDLER asked what would characterize Acting
Commissioner Pokon's term as commissioner of the DEC.
ACTING COMMISIONER POKON said that she hopes that her term is
defined by the work DEC does. She said she hopes to increase
public confidence in what DEC's role is as a state department.
1:16:37 PM
REPRESENTATIVE MEARS commented that she appreciates seeing
someone so well rounded for this position in Alaska.
1:17:18 PM
REPRESENTATIVE SADDLER asked what the greatest need of Alaska's
environment is.
ACTING COMMISSIONER POKON answered that air and water pollution
are a big issue in areas such as North Pole.
1:18:21 PM
REPRESENTATIVE MCCABE asked Acting Commissioner Pokon what her
thoughts are on safe village sewer systems.
ACTING COMMISSIONER POKON replied that there are several
communities that do not yet have a piped water service, and that
it is important to establish that over time. She said over the
last year, DEC has made changes to the eligibility and criteria
to those looking to develop those services. She said that
affordability and sustainability are the most important issues
on this subject, and that DEC should utilize opportunities like
federal funds to develop these projects.
REPRESENTATIVE MCCABE asked how Acting Commissioner Pokon would
tackle the problem of villages on the road system not having
water.
ACTING COMMISSIONER POKON answered that is something DEC would
be interested in working with the communities on, and that DEC
needs to ensure that there is safe drinking water available for
all communities in Alaska.
REPRESENTATIVE MCCABE pondered whether the state could provide a
more stable source of drinking water for people on the road
system.
1:24:35 PM
The committee took an at-ease from 1:24 p.m. to 1:26 p.m.
HB 295-SALMON HATCHERY PERMITS
1:27:09 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE BILL NO. 295 "An Act relating to salmon hatchery permits;
and authorizing the sale of salmon to permitted persons for
stocking lakes." [Before the committee was CSHB 295(FSH).]
1:28:17 PM
DOUG VINCENT-LANG, Commissioner, Department of Fish & Game,
presented CSHB 295(FSH) on behalf of the bill sponsor, House
Rules by request of the governor. He said that state hatcheries
are paid for by sport angler dollars, and that they typically
use a stocking plan to determine which lakes to stock. He said
that this bill would allow private, nonprofit hatchery owners
the option to sell fish. He said to reduce the potential to
impact the wild fish populations, the Alaska Department of Fish
& Game (ADF&G) would use sterile stocked fish. He said that it
is important to note that this bill allows for the sale of fish,
and that it is not a mandate for private nonprofit hatchery
owners to sell their fish. He mentioned that during the
Coronavirus crisis, Alaskans used stock fish lakes as places to
get their food.
1:31:55 PM
JOE FELKL, Legislative Liaison, Office of the Commissioner,
Alaska Department of Fish & Game, on behalf of the bill sponsor,
House Rules by request of the governor, gave a sectional
analysis of CSHB 295(FSH) and a summary of changes from the
original bill version to [CSHB 295(FSH)]. Mr. Felkl began with
the sectional analysis for CSHB 295(FSH) [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1: adds a new subsection to the statute for
salmon hatchery permit conditions clarifying that
nothing in a permit prohibits the sale of salmon for
the purposes of stocking lakes in the state to a
private person or entity that receives a Fish
Transport Permit under AS 16.05.251.
Section 2: amends AS 16.10.440(b) to insert the word
"wild."
MR. FELKL continued to the summary of changes [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1: corrects a drafting error replacing an
incorrect citation (AS 16.05.671) with the correct
statutory authority for Fish Transport Permits (AS
16.05.251). This section has also been redrafted for
clarity, specifying sale of hatchery-produced salmon.
This change is stylistic and does not change the
meaning of the language.
Section 2: new section that amends AS 16.10.440(b) to
insert the word "wild." Inserting the word "wild"
clarifies the Commissioner of Fish and Game's
authority is permitting the hatchery operation, and
the Board of Fisheries' (Board) authority is
allocation of the common property resource. Adding the
word "wild" also conforms salmon hatchery permit
statutes with the more recently enabled shellfish
enhancement statutes (see AS 16.12.050(b)), which
already include the word "wild" regarding the Board's
authority to amend a permit.
1:33:37 PM
REPRESENTATIVE MEARS asked Commissioner Vincent-Lang to
elaborate on the permit process.
MR. VINCENT-LANG said that there are a variety of processes in
place already, that ADF&G looks at many things, including river
flows, location, and water drainage, when deciding which lakes
to stock.
1:34:55 PM
FLIP PRYOR, Section Chief, Division of Commercial Fisheries,
Alaska Department of Fish & Game, on behalf of the bill sponsor,
House Rules by request of the governor, explained specifics
regarding the permitting process, such as pathology, genetic,
and biology reviews.
MR. FELKL added that there are things in the bill packet that
talk about relevant regulations for fish transport permits.
1:36:00 PM
REPRESENTATIVE SADDLER asked what the goal of this bill is.
MR. PRYOR answered that currently, private nonprofit hatcheries
can only sell eggs to other private nonprofit hatcheries, and
that this bill allows them to sell eggs to the public.
1:37:29 PM
MR. VINCENT-LANG added that in essence, what is occurring is a
demand that is not being met. He said that as part of the
permitting process, there is a report that must be submitted on
how successful a program might be. He said there is an
evaluation program coming forward, and that CSHB 295 (FSH)
utilizes existing structure to move this issue.
[HB 295 was held over.]
1:39:04 PM
The committee took an at-ease from 1:39 p.m. to 1:41 p.m.
HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME
1:40:40 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE JOINT RESOLUTION NO. 22, Proposing an amendment to the
Constitution of the State of Alaska relating to subsistence use
of replenishable natural resources by state residents; and
providing for an effective date for the amendment.
1:41:14 PM
REPRESENATIVE BAKER introduced Ms. Kitka and Dr. Rosita Worl.
1:42:06 PM
JULIE KITKA, President, Alaska Federation of Natives, explained
the history of the constitutional amendment to subsistence
rights. She said that this issue has been in front of the
legislature since 1990. She continued on the history of
constitutional amendments in the Alaska Legislature. She said
that the Alaska Federation of Natives (AFN) has been working at
this issue and gave up after determining that the legislature
had no interest in working on this issue. She recommended that
the legislature take its time in introducing a constitutional
amendment. She explained common themes in policy debate on this
issue, and advised the committee to keep in mind that
subsistence is an Alaska Native issue, that it was offensive
that the amendment did not include language acknowledging them.
She said the current system of dual management is a direct
result of the failure of the state to engage with local Native
groups and communities. She said her second recommendation is to
get rid of the non-subsistence use areas.
1:51:48 PM
MS. KITKA continued with her third recommendation, telling the
committee members to scope out the best system to manage
subsistence rights, considering all things that may affect them.
She added that the legislature should consider court cases that
affect subsistence rights. She said the other area that she
thinks the state should look at is the Alaska National Interest
Lands Conservation Act (ANILCA) amendments. She emphasized that
subsistence is not just a choice, but a way of life, and
culture. She urged the legislature to explore the history of
relations between the federal government and Native Americans
before moving forward on any legislation. She said to approach
this legislation with concrete goals, to be experts on the
issue.
1:57:20 PM
REPRESENTATIVE MCKAY added that he remembers the debate in 1990,
that it was a sad time in Alaska's history.
1:57:51 PM
ROSITA WORL, PhD, President, Sealaska Heritage Institute, read
from prepared remarks[included in the committee packet, which
read as follows [original punctuation provided]:
Mr. Chair and Honorable Members of the Alaska State
Legislature House Resources Committee:
For the record, I am Rosita Kaahni Worl, and I am a
member of the Alaska Federation of Natives Subsistence
Committee.
Thank you for allowing us to comment on HJR 22, which
embodies an issue of great significance to Alaskans
and, notably, to the Alaska Native Community.
Thank you for also bringing this issue, which has
divided the state for decades, to an open forum.
Hopefully, through rational, honest, and sincere
dialogue with all stakeholders at the table, we may be
able to formulate a unified position.
If I may, I would like to introduce myself in
accordance with our cultural protocols. My
introduction will also reveal the spiritual
interrelationships that we maintain with our animals,
birds, and fish. It will also demonstrate the cultural
dimensions of subsistence that are rarely known or
understood outside of the subsistence community.
Yeidiklas'akw ka Kaaháni yóo xát duwasáak
Cháak' naa áyá x
Shungukeidí naax xt sitee
Kaawdliyaay Hit dáx x
Jilkaat kwyá x
Lukaax.ádi yadi áyá x
My Tlingit name is Yeidiklas'skw. It is an ancient
name whose meaning has been lost in antiquity.
My ceremonial name is Kaaháni, which refers to the
stature or status of an individual. In the ceremony in
which I received this name, our clan leader said that
my stature was "Woman Who Stands in the Place of a
Man."
I Am an Eagle of The Thunderbird Clan and the House
Lowered from the Sun from Klukwan in the Chilkat
region.
I am also a Child of the sockeye Clan.
My identity is also intertwined with our clan crests-
the Eagle, Thunderbird, and Sun.
We, of our clan, are spiritually strengthened by the
Eagle, Thunderbird, Sun, and Sockeye, but also by our
clan spirits, the White Bear, Shark, and Killer Whale.
In addition, Our clan is entitled to wear the US Naval
uniform and to use the name Schwatga as payment for
the failure of Lt Schwatga, of the US Navy, to pay a
debt to my great, great clan grandfather during the
Klondike Gold Rush era.
In attempting to address and resolve the subsistence
issue or, more specifically, the dual management
regime between the federal and state governments and
in proposing the developing solutions including a
constitutional amendment that provides for the
protection of subsistence, it will be necessary to
understand the multiple elements affecting
subsistence.
Many changes have occurred in the thirty-four years
since the federal government took over subsistence
management authority on federal lands. We-Natives- for
one, gave up trying to amend the state constitution.
We have citizens who grew up living with dual
management and have grown accustomed to this system.
We have tribal members who now favor working with and
through the federal subsistence board. We also have a
growing insistence that Indigenous knowledge, science,
and language be incorporated into resource management
regimes and decisions. These changes will have to be
considered as we assess proposed constitutional
amendments and a possible unified management regime.
It will also be necessary to understand the legal and
political history that gave rise to the situation in
which we find ourselves today. This context is complex
and subject to differing interpretations and
orientations, making our task more difficult. Native
People both revere and utilize the land and its
resources. Thus, it will be imperative to have a clear
understanding of cultural significance of subsistence.
This dimension has given Native people the stamina to
fight for our basic cultural survival, identity, and
subsistence rights, which are all intertwined with our
physical and spiritual relationship to the land,
resources, and subsistence.
Native people will insist that these cultural values
and practices are considered and integrated into
subsistence management regimes. Knowledge about the
dual economies that characterize rural communities,
integrating both subsistence and cash economies, is
another important consideration.
Native people must also be engaged in discussions and
have a place at the table in addressing a unified
management regime.
Thank you for the opportunity to present our
preliminary assessment of the elements that we believe
are necessary to consider in developing a
constitutional amendment that can bring a state-level
unified management regime that includes subsistence
protection.
Gunalchéesh
2:04:29 PM
GAYLA HOSETH, Director, Natural Resources Program, Bristol Bay
Native Corporation, mentioned that the theme of the 2023 AFN
convention was "our way of life." Subsistence life has sustained
Native Peoples of Alaska for thousands of years; it is a way of
life. She said it is important to understand the cultural
implications of Subsistence rights. She said a good
consideration for the legislators would be to travel to each
community and village to see and learn about subsistence rights.
She said it is also important for Alaskans to understand and
learn and be involved in the process of creating legislation.
2:08:32 PM
REPRESENTATIVE MCKAY asked for the dates of the AFN convention.
MS. KITKA said that it is the third week of October, and that
there was no consideration of a constitutional amendment.
2:09:22 PM
REPRESENATIVE BAKER, as prime sponsor of HJR22, added that he
was fortunate enough to be allowed to speak at the AFN
convention. He said that though this legislation was introduced
late, he appreciates the folks from AFN for giving their
testimony on HJR22.
2:10:30 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish &
Game, added to the previous testimony, explaining that the dual
management system is not working, and that subsistence is
priority under state statute. He gave examples of the federal
closure of lands using Southeast Alaska and the Mulchatna
Caribou Herd. He cited Berners's Bay and the introduced moose
population, and how the federal government's oversight is
affecting its management. He mentioned the Yukon River and the
Nelchina Caribou Hunt, and how both are affected by the Federal
Subsistence Board Management's decisions. He said dual
management is impacting subsistence negatively, and that HJR22
is the first step of many in the right direction.
2:17:15 PM
REPRESENTATIVE MCKAY asked Representative Edgemon to come up and
give some advice.
2:17:48 PM
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature,
emphasized the importance of understanding the issue and
explained his memories of subsistence issues in Alaska politics.
He thanked committee members for their comments.
2:19:59 PM
REPRESENTATIVE MEARS commented that this is an issue that needs
to be discussed and decided beyond the walls of this committee
room.
2:20:34 PM
REPRESENTATIVE DIBERT thanked the invited testifiers, and asked
if any of them feel that federal protections defined in ANILCA
are currently sufficient for subsistence rights.
2:21:35 PM
MS. KITKA answered that Native Alaskans have an inherent right
to their lands and food, and there are many political rights
defined in federal law. She said that Natives want to run their
lives themselves and not to have to look to the federal
government for guidance and management. She said to trust the
Native community to manage itself. She said times and
circumstances change.
2:23:51 PM
REPRESENTATIVE DIBERT said that things have changed on the Yukon
River and quoted her mother saying "at least we have the memory
of the taste of [salmon]"
2:24:29 PM
DR. WORL said that there have been good changes in the State,
such as the recognition for Native Alaskans. She said that more
needs to be done.
[HJR 22 was held over.]
2:26:29 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB295 Transmittal Letter.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Version B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Sectional Analysis Version B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Summary of Changes Version A to B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Supporting Document Statutes and Regulations.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Supporting Document ADFG Lake Stocking Policy.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| Pokon Resume 2023_Redacted.pdf |
HRES 3/20/2024 1:00:00 PM |
|
| HJR22 Response to (H)RES Member Questions.pdf |
HRES 3/20/2024 1:00:00 PM |
HJR 22 |