04/15/2009 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing | |
| SJR22 | |
| HJR25 | |
| HB14 | |
| HJR27 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 22 | TELECONFERENCED | |
| + | HB 14 | TELECONFERENCED | |
| + | HCR 10 | TELECONFERENCED | |
| + | HJR 27 | TELECONFERENCED | |
| + | HJR 25 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 15, 2009
3:46 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Co-Chair
Senator Bill Wielechowski, Co-Chair
Senator Charlie Huggins, Vice Chair
Senator Hollis French
Senator Gary Stevens
Senator Thomas Wagoner
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
CONFIRMATION HEARING
Teresa Sager-Albaugh - Board of Game
CONFIRMATION ADVANCED
SENATE JOINT RESOULTION NO. 22
Opposing litigation that seeks to eliminate the Kenai, Kasilof,
and Chitina sockeye salmon personal use dip net fisheries; and
requesting the governor to re-examine the disproportional
influence of the commercial fisheries industries on fisheries
management in the state.
MOVED CSSJR 22(RES)
CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) AM
Urging the United States Congress to classify hydroelectric
power as a renewable and alternative energy source.
MOVED CSHJR 25(ENE) AM
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 14(STA)
"An Act designating the Alaskan Malamute as the official state
dog."
HEARD AND HELD
CS FOR HOUSE JOINT RESOLUTION NO. 27(RES)
Relating to sovereign powers of the state.
HEARD AND HELD
CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES)
Urging the Governor to exercise all available legal options to
restrain the United States Department of the Interior, National
Park Service, from intruding on the sovereign right of the state
to exercise jurisdiction over navigable water and submerged land
and urging the Governor to allocate sufficient resources to the
Department of Law, the Department of Natural Resources, and the
Department of Fish and Game to defend the state's right to
manage the public use of its navigable water.
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SJR 22
SHORT TITLE: FEDERAL PREEMPTION OF SALMON MANAGEMENT
SPONSOR(S): SENATOR(S) HUGGINS
04/09/09 (S) READ THE FIRST TIME - REFERRALS
04/09/09 (S) RES, JUD
04/15/09 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 14
SHORT TITLE: ALASKAN MALAMUTE AS STATE DOG
SPONSOR(S): REPRESENTATIVE(S) GARDNER
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) STA
01/20/09 (H) PREFILE RELEASED 1/9/09
02/26/09 (H) STA AT 8:00 AM CAPITOL 106
02/26/09 (H) Moved CSHB 14(STA) Out of Committee
02/26/09 (H) MINUTE(STA)
02/27/09 (H) STA RPT CS(STA) 4DP 2NR 1AM
02/27/09 (H) AM: GATTO
02/27/09 (H) DP: SEATON, GRUENBERG, WILSON, PETERSEN
02/27/09 (H) NR: JOHNSON, LYNN
04/07/09 (H) TRANSMITTED TO (S)
04/07/09 (H) VERSION: CSHB 14(STA)
04/08/09 (S) STA, RES
04/08/09 (S) READ THE FIRST TIME - REFERRALS
04/14/09 (S) STA RPT 4NR
04/14/09 (S) NR: MENARD, FRENCH, PASKVAN, KOOKESH
04/14/09 (S) STA AT 9:00 AM BELTZ 211
04/14/09 (S) Moved CSHB 14(STA) Out of Committee
04/14/09 (S) MINUTE(STA)
04/15/09 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HJR 25
SHORT TITLE: HYDROELECTRIC POWER; RENEWABLE ENERGY
SPONSOR(S): REPRESENTATIVE(S) THOMAS
03/13/09 (H) READ THE FIRST TIME - REFERRALS
03/13/09 (H) ENE, RES
03/24/09 (H) ENE AT 3:00 PM BARNES 124
03/24/09 (H) Moved CSHJR 25(ENE) Out of Committee
03/24/09 (H) MINUTE(ENE)
03/25/09 (H) ENE RPT CS(ENE) 5DP
03/25/09 (H) DP: RAMRAS, DAHLSTROM, TUCK, JOHANSEN,
MILLETT
04/08/09 (H) RES AT 1:00 PM BARNES 124
04/08/09 (H) Moved CSHJR 25(ENE) Out of Committee
04/08/09 (H) MINUTE(RES)
04/10/09 (H) NR: KAWASAKI
04/10/09 (H) AM: GUTTENBERG
04/10/09 (H) DP: EDGMON, OLSON, TUCK, SEATON,
JOHNSON, NEUMAN
04/10/09 (H) RES RPT CS(ENE) 6DP 1NR 1AM
04/13/09 (H) TRANSMITTED TO (S)
04/13/09 (H) DIVIDE THE AMENDMENT
04/13/09 (H) VERSION: CSHJR 25(ENE) AM
04/14/09 (S) RES
04/14/09 (S) READ THE FIRST TIME - REFERRALS
04/15/09 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HJR 27
SHORT TITLE: STATE SOVEREIGNTY
SPONSOR(S): REPRESENTATIVE(S) KELLY
03/19/09 (H) READ THE FIRST TIME - REFERRALS
03/19/09 (H) RES
03/30/09 (H) RES AT 1:00 PM BARNES 124
03/30/09 (H) Moved CSHJR 27(RES) Out of Committee
03/30/09 (H) MINUTE(RES)
04/01/09 (H) RES RPT CS(RES) 5DP AM2
04/01/09 (H) DP: OLSON, SEATON, WILSON, JOHNSON,
NEUMAN
04/01/09 (H) AM: GUTTENBERG, TUCK
04/06/09 (H) TRANSMITTED TO (S)
04/06/09 (H) VERSION: CSHJR 27(RES)
04/07/09 (S) READ THE FIRST TIME - REFERRALS
04/07/09 (S) RES
04/15/09 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
TERESA SAGER-ALBAUGH, Nominee
Board of Game
POSITION STATEMENT: Provided information related to her
appointment to the Board of Game.
DAVID CRAMER
Summit Consulting Services, Inc.
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game.
SUE ENTSMINGER, representing herself
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game.
RON SOMERVILLE, Board Member
Territorial Sportsmen
Juneau, AK
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game and SJR 22.
ROD ARNO, Executive Director
Alaska Outdoor Council
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game and SJR 22.
ANDREW JOSEPHSON, President
Alaska Wildlife Alliance (AWA)
Anchorage, AK
POSITION STATEMENT: Opposed confirmation of Teresa Sager-
Albaugh to the Board of Game.
WADE WILLIS, Alaska Representative
Defenders of Wildlife
Anchorage, AK
POSITION STATEMENT: Opposed confirmation of Teresa Sager-
Albaugh to the Board of Game.
BYRON HALEY, President
Chitina Dipnetters Association
Fairbanks, AK
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game.
TED MORFUS, representing himself
Fairbanks, AK
POSITION STATEMENT: Supported confirmation of Teresa Sager-
Albaugh to the Board of Game.
SHARON LONG, Staff
to Senator Huggins
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced SJR 22 on behalf of the sponsor.
RICKY GEASE, Executive Director
Kenai River Sportfishing Association
Soldotna, AK
POSITION STATEMENT: Supported SJR 22.
BYRON HALEY, President
Chitina Dipnetters Association
Fairbanks, AK
POSITION STATEMENT: Stated strong support for SJR 22.
KACI SCHROEDER-HOTCH, Staff
to Representative Bill Thomas
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced HJR 25 on behalf of the sponsor.
HAP SYMMONDS, Chair
Cordova Electric Coop and
Cordova - Ocean Beauty Seafoods
POSITION STATEMENT: Supported HJR 25.
JODI MITCHELL, General Manager and CEO
Inside Passage Electric Cooperative (IPEC)
POSITION STATEMENT: Supported HJR 25.
TIM MCCLEOD, President and General Manager
Alaska Electric Light and Power (AEL&P)
Juneau, AK
POSITION STATEMENT: Supported HJR 25.
THOMAS BOLEN, Manager
Haines Borough
Haines, AK
POSITION STATEMENT: Supported HJR 25.
KATHLEEN MENKE, representing herself
Haines, AK
POSITION STATEMENT: Suggested amendments to HJR 25.
STEFAN JOHNSON, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
REPRESENTATIVE BERTA GARDNER
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 14.
JAMIE RODRIGUEZ, teacher
Polaris K-12 School
POSITION STATEMENT: Supported HB 14.
KAI ROBERTS, fourth grade
Polaris K-12 School
POSITION STATEMENT: Supported HB 14.
OCEANA GAMEL-HOWES, third grade
Polaris K-12 School
POSITION STATEMENT: Supported HB 14.
MADELINE FLORES, fifth Grade
Polaris K-12 School
POSITION STATEMENT: Supported HB 14.
ESTHER ERICKSON, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
ZACHARY BLOOM, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
STEVEN MURPHY, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
BRANDY BOOKOUT, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
ELLI WALTON, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
ELIAS STRATTON, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
COLE CLEMENTS, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
LOGAN METZLER, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
MEGAN THOMAS, sixth grade
Academy Charter School
POSITION STATEMENT: Testified on HB 14 and supported the husky
as the state dog.
SHEILA MARTIN, dog breeder
Palmer, AK
POSITION STATEMENT: Testified that recognizing the malamute as
the official state dog would be a mistake.
DEREK MILLER, staff
to Representative Mike Kelly
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced HJR 27 on behalf of the sponsor.
ACTION NARRATIVE
3:46:34 PM
CO-CHAIR LESIL MCGUIRE called the Senate Resources Standing
Committee meeting to order at 3:46 p.m. Senators French,
Huggins, Wagoner, Stevens, Wielechowski, and McGuire were
present at the call to order.
^CONFIRMATION HEARING
3:47:28 PM
CHAIR MCGUIRE announced the first order of business to be a
confirmation hearing.
TERESA SAGER-ALBAUGH, Nominee, Board of Game, said she was born
in Fairbanks and has lived in the Mentasta Pass area for the
past 25 years. In her youth hunting and fishing was a family
activity and it continues to be. She has a family cabin in the
Interior with great opportunities for hunting and fishing. She
worked as staff for some Interior delegation members from 1983
to 1995 and since then has worked for her neighbor designing
construction projects in remote Alaska villages. Personally she
has devoted quite a bit of her free time to organizations of
wildlife conservation. She feels it is important for youth to
connect with the natural environment and learn resource
stewardship. It is a logical transition for her to serve on the
Board of Game. Her background provides a good basis for
providing good outdoor and wildlife use opportunities for the
public.
3:50:32 PM
DAVID CRAMER, Summit Consulting Services, Inc., said he is Ms.
Sager-Albaugh's employer. The company does design and
construction of sewer and water projects throughout the state.
He has known Ms. Sager-Albaugh for 15 years and has found her to
be a good and conscientious employee with a balanced approach in
everything she does. He will make his business as flexible as
need be to accommodate her schedule with the board. He has a
strong rural Alaska tie that extends across the state and
believes that Ms. Sager-Albaugh has the same global view. She
will make an excellent addition to the Board of Game.
3:52:57 PM
SUE ENTSMINGER said she has known Ms. Sager-Albaugh for 26
years. She has high moral standards, is gentle and kind and will
listen to all the users. She understands the lifestyle of people
in both urban and rural Alaska. She will hear all sides and can
look at all aspects of each problem that comes up.
RON SOMERVILLE, Juneau, said he has known Ms. Sager-Albaugh
since she worked as staff in the Legislature and has always been
impressed. She is from the Interior and is a good replacement if
Mr. Burly is going to be replaced. He has served on the board
and knows that you do rely on the local people for input. Ms.
Sager-Albaugh has demonstrated her ability to do that.
3:55:57 PM
CHAIR MCGUIRE noted that Ms. Sager-Albaugh worked for the
Legislature from 1983 to 1995.
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC), said
he has worked with Ms. Sager-Albaugh on Board of Game issues for
more than 10 years. Her knowledge of the process was clearly
shown at her first board meeting. She was very effective. AOC
appreciates that she is personable and allows the public to see
that they have representation. She is approachable and listens
with an open mind, which legitimizes the board process and is of
high value. Her attention to detail and knowledge of the state
constitution and the statutes dealing with game management is
important. She will try to follow the Legislature's wishes to
meet the constitutional requirement for developing resources.
3:58:52 PM
ANDREW JOSEPHSON, President, Alaska Wildlife Alliance (AWA),
Anchorage, said AWA is the only local non-profit environmental
group that advocates for a variety of resources uses including
the right to non-consumptive uses. He explained that he has
lived in Anchorage, Fairbanks, Kenai, Kalskag, and as a state
prosecutor in Kotzebue. He worked as legislative staff in 1990
and 2003. He doesn't know Ms. Sager-Albaugh and didn't attend
the March board meeting during which she served as a member. AWA
did submit comments to the board. His concern is that Ms. Sager-
Albaugh does not represent diversity as required in AS
16.05.221(b). She represents the extreme end of what AWA views
as extreme policy. For example, last year the public learned
that eight or nine wolf pups were killed in their den and his
sense was that ADF&G was reluctant for the public to know that.
That is now public policy, as is the right for black bear not to
be used in entirety, bear snaring, and expanded aerial wolf
hunting. There is no advocate for the point of view of the
alliance and AWA believes there needs to be some balance. If the
visiting public knew these policies, they would find it
disturbing, he said. AWA's concern with Ms. Sager-Albaugh is
that she represents the far reaches on this issue. She spoke to
being a good steward of natural resources but that is not what
has been reported to him following the March meeting.
4:03:00 PM
WADE WILLIS, Alaska Representative, Defenders of Wildlife
("Defenders"), said this is a nonprofit conservation
organization that promotes scientific management of wildlife
resources. He is a former a biologist for the Alaska Department
of Fish and Game (ADF&G) and the U.S. Fish and Wildlife Service
in Alaska. Mr. Willis said that Defenders opposes Ms. Sager-
Albaugh's confirmation to the Board of Game because she brings
extreme non-science views to Alaska wildlife management issues.
She does not offer the diverse representation that is
desperately needed on this board. Her extreme agenda and views
on wildlife management were made clear at the first board
meeting she attended. She voted to expand aerial wolf hunting
into Denali State Park without considering or discussing the
cost to the tourism industry or that the Division of Parks and
Recreation prefers that predator control not be conducted within
the park. She voted to allow the use of helicopters by private
citizens to support killing wolves and bears, which is something
Alaskans have vigorously opposed. She voted to authorize
citizens to do shooting, including sows and cubs. She voted to
allow citizens to snare both brown and black bears, including
sows and cubs and she voted to allow the sale and resale of bear
parts. This was strongly opposed by the Alaska Wildlife
Troopers. These votes supported changing long standing,
fundamental wildlife policy in Alaska. Ms. Sager-Albaugh is the
past president of the Alaska Outdoor Council and maintains close
ties. She was found to have a conflict of interest in three
votes at the board meeting showing that her ties to the AOC will
make her biased.
4:06:04 PM
BYRON HALEY, President, Chitina Dipnetters Association,
Fairbanks, said he supports confirmation of Ms. Sager-Albaugh to
the Board of Game. He has worked with her on conservation and
game management issues. She is very knowledgeable.
TED MORFUS, Fairbanks, said he knows Ms. Sager-Albaugh and she
is forthright and honest. She would make a very good Board of
Game member. The attacks on her from the other groups are
unfounded because they don't know her. She understands game
management.
4:07:49 PM
SENATOR HUGGINS moved to advance the name Teresa Sager-Albaugh
to the Board of Game for consideration of the full legislature.
Hearing no objection, it was so ordered.
SJR 22-FEDERAL PREEMPTION OF SALMON MANAGEMENT
4:09:04 PM
CHAIR MCGUIRE announced the consideration of SJR 22.
SENATOR WIELECHOWSKI moved to adopt proposed committee
substitute (CS) for SJR 22, labeled 26-LS0866\R as the working
document. There being no objection, version R was before the
committee.
SENATOR HUGGINS, sponsor of SJR 22, said his aide will present
the bill and describe how the United Cook Inlet Drift
Association (UCIDA) has "grabbed a tiger by the tail" in this
instance.
SHARON LONG, Staff to Senator Huggins, said SJR 22 takes aim at
the lawsuit filed by the United Cook Inlet Drift Association
(UCIDA). The complaint, calling for the return of federal
management, is an affront to this state. It was a colossal
failure of federal salmon management that largely drove the
statehood movement. UCIDA fishers participate in gillnet and
drift gillnet in Cook Inlet and can keep an unlimited number of
commercially caught fish for personal use. Their goal is to have
the state-managed personal-use dipnet fishery declared
unconstitutional and preempted by federal law. SJR 22 seeks a
fair shake for Alaskans who dipnet fish without commercial gear.
It asks the governor to intervene in defense of the state's
authority to responsibly manage its fisheries.
4:10:55 PM
SENATOR FRENCH asked the source of the "Whereas" clause relating
to the UCIDA's desire to outlaw personal dipnetting.
MS. LONG said UCIDA claims that they are harmed by state
regulations pertaining to salmon management in Cook Inlet. The
relief they ask for is to declare that the state authorized
resident only salmon fisheries in Cook Inlet are
unconstitutional and therefore preempted by federal law.
SENATOR FRENCH said he would call that black and white.
SENATOR HUGGINS added that his neighbors and many of his friends
have been very tolerant "over the piece of where you live and
how you get to fish." The salmon task force talked about the
sizeable number of commercial fishers in Cook Inlet, residents
and non-residents alike. Rod and reel fishers would likely say
those commercial fishers have almost no limit. Now this group is
saying they want to preempt his friends and neighbors who dipnet
because non-resident commercial dipnetters can't dipfish. "There
is something wrong with that." Hence my comment about their
having a tiger by the tail, he said.
4:13:28 PM
SENATOR WAGONER said his understanding is that this started as a
petition to the Secretary of Commerce. It was ignored and the
time ran out on the petition. The lawsuit was filed out of
frustration and was an effort to get the attention of the
Secretary of Commerce. However, even that hasn't elicited a
response or comment from the Secretary of Commerce.
4:14:36 PM
SENATOR HUGGINS said he doesn't disagree, but now it is a
lawsuit. The beauty of it is that a number of people who are
commercial fishers want to sign on to this resolution because
this is against Alaskans and the Alaskan way of life. He
predicts others will also sign on because Alaskans will not
allow this sort of thing happen.
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC), said
AOC represents 10,000 Alaskans and advocates for Alaskans that
participate in the harvest of wild food. The dipnet fisheries in
Chitina and the fisheries in the Kenai and Kasilof rivers are
important sources of wild food for thousands of Alaskan
families. AOC is opposed to the lawsuit and in support of SJR
22. The idea of having this suit going to the federal court,
preempting state rights and the Submerged Lands Act is dangerous
for the state of Alaska.
4:17:23 PM
RON SOMERVILLE, Territorial Sportsmen board member, Juneau, said
if the lawsuit were successful it would target nearly all
resident-only fisheries. The lawsuit addresses Cook Inlet but
there is a Jenson case in Cordova that is identical. "Where does
it stop?" The state should be interested, but can't just file an
amicus brief. If the governor will not do that, the legislative
council should consider the options. It is an affront to
Alaskans to try to preempt state management; that was the
essence of seeking statehood.
4:19:05 PM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, Soldotna, said KRSA is a fishery conservation
organization. He agrees with previous two testifiers. He
suggested expanding the scope of the resolution to include the
similar Jensen lawsuit. It is important for the state to
intervene in both lawsuits in case there are out of court
settlements, he said. The lead attorney for these lawsuits
indicated they are seeking out of court settlements, such as
personal use dipnet fishing on the Kenai River only occurring
after the upper end of the escapement goal has been achieved.
Predictability is important for people to plan vacations to go
dipnetting. The association supports an out of court settlement
that involves oversight by the Board of Fisheries and ADF&G
management.
BYRON HALEY, President, Chitina Dipnetters Association,
Fairbanks, stated strong support for SJR 22. Commercial fishers
have been trying to close this dipnet fishery for a long time.
This is another tool they are using.
4:21:48 PM
CHAIR MCGUIRE closed public testimony and asked Senator Huggins
if he wanted to offer an amendment.
SENATOR HUGGINS replied he would need to do the research.
SENATOR WIELECHOWSKI said he would support expanding the
resolution to include the Jenson case and others. He suggested a
conceptual amendment.
SENATOR HUGGINS moved conceptual Amendment 1 to incorporate into
SJR 22 the essence of the [Herbert T.] Jensen lawsuit. Hearing
no objection, Amendment 1 was adopted.
CHAIR MCGUIRE said a neighbor recently reminded her how
important dipnetting is to his feeding his large family in the
winter. If affects Alaskans.
SENATOR WIELECHOWSKI moved to report CS for SJR 22, version R as
amended, from committee with individual recommendations and
attached fiscal note(s).
SENATOR WAGONER objected saying that he would like to hear
testimony from the people who wrote the lawsuit. He noted that
it has been said that the process in this committee is to hear a
bill and to move it the next hearing. If that's the standard
procedure then it should be followed. He removed his objection.
CHAIR MCGUIRE said fair enough.
4:25:25 PM
MS. LONG noted that the legislative drafters said this was filed
on March 7 and according to court rules intervention should be
done by early to mid-May.
CHAIR MCGUIRE said she is aware of that and the committee
generally moves expeditiously. Finding no further objection,
CSSJR 22(RES) moved from committee.
HJR 25-HYDROELECTRIC POWER; RENEWABLE ENERGY
CHAIR MCGUIRE announced the consideration of HJR 25. [CSHJR
25(ENE) AM was before the committee.]
4:26:43 PM
KACI SCHROEDER-HOTCH, staff to Representative Bill Thomas, said
HJR 25 asks Congress to include hydroelectric power in the
definition of renewable power.
4:27:26 PM
HAP SYMMONDS, Chair, Cordova Electric Coop, and representing
Cordova - Ocean Beauty Seafoods, said the coop has been trying
to get the federal government to classify hydroelectric
facilities as renewable for a number of years. The National
Rural Coop Association has classified hydro as a renewable
resource and will lobby congressional delegations of all 50
states. It has been impossible to get federal funding for hydro
unless it was by specific earmark and was virtually excluded
from the stimulus package. There should be no exceptions in this
resolution. Every hydro project is cited for a specific
watershed and each must be reviewed individually for the
environmental impact if there is any. Hydro projects are not
cookie-cutter projects like a coal or nuclear plant.
JODI MITCHELL, general manager and chief executive officer,
Inside Passage Electric Cooperative (IPEC), said IPEC provides
the Southeast Alaska villages of Angoon Hoonah, Kake, Klukwan
and the Chilkat Valley with diesel generation. Every year IPEC
seeks federal funding for projects to reduce the cost of power
for member owners. Recently Senator Murkowski's energy staff
said they had been unsuccessful in amending the stimulus bill
with respect to renewable energy for the benefit of Alaskans.
Had those amendments passed, Alaska may have been eligible for
millions of dollars for hydroelectric infrastructure. IPEC rates
last year peaked at more than 67 cents per kilowatt power.
"Obviously, federal stimulus funds could have meant long-term
clean and lower cost power for IPEC customers." This affects the
entire state.
4:30:38 PM
SENATOR WAGONER asked if the congressional delegation ran into
problems getting hydro approved as renewable because there
wasn't any interest or because hydro dams are not renewable.
MS. MITCHELL said she isn't sure, but there have been changes in
federal law that affects hydro classification. She believes it
relates to the types of dams that have been constructed and the
affect on fish habitat. In Alaska precautions are taken in
permitting projects to avoid those problems.
SENATOR WAGONER said he is not sure there is an answer.
CHAIR MCGUIRE said hydroelectric power generation is either
renewable or it's not. There may be political reasons for it not
passing, but that still doesn't clarify how it is not renewable
energy.
4:32:46 PM
TIM MCCLEOD, President and General Manager, Alaska Electric
Light and Power (AEL&P), Juneau, said AEL&P has been providing
hydroelectric power to Juneau since 1893. Some of the hydro
projects have been operating for over 100 years, fueled solely
by rain and snow, and are expected to continue to function for
the next century. Conditions in Alaska are favorable for hydro
projects. The environmental impacts are low compared to any
other resource. Hydro is excluded from the federal definition of
renewable energy for the purpose of discouraging further
development of new hydro resources. There may be locations
throughout the country where hydro should be discouraged, but
those concerns should be addressed individually during the
permitting process rather than the broad scope approach
discouraging hydro development nationwide. It's clear that no
consideration was given to Alaska when the federal government
chose to exclude hydro from the benefits that are given to other
renewable resources. Hydro projects in Alaska are some of the
cleanest and most environmentally friendly energy resources in
the world. In Southeast Alaska there are no alternative
resources with a lower environmental impact than hydro. In many
Alaska cases the only reasonable alternative to hydro is diesel.
Alaskans are currently deprived of the funding opportunities for
other renewable resources. The current status may jeopardize
Alaska's ability to comply with future renewable resource
portfolios, increasing costs to Alaska residents. AEL&P supports
HJR 25.
CHAIR MCGUIRE said it would be a cruel irony for Alaska to pay
penalties for not meeting a portfolio standard even though it
had renewable energy in the form of hydro.
4:35:35 PM
THOMAS BOLEN, Manager, Haines Borough, said the Haines Borough
and Skagway live on hydropower. At times hydropower is
insufficient so there is need for additional hydropower
development. Hydro resources are available but limitations on
federal funding hamper efforts to develop that hydropower. He
noted that hydropower has a bad reputation to some in the Lower
48 because it impedes river travel, disrupts fish migration, and
floods productive land. But the federal government needs to
understand that many hydro resources in Alaska are alpine lakes.
Usable lands are not flooded, fish migration is not impacted and
stream navigability is not interrupted. The fact that the
federal government does not recognize hydropower as a renewable
energy source curtails the ability to get funding to take
advantage of this free resource. The Haines Borough endorses
sending a resolution to the federal government to make a special
exemption for alpine lake hydropower development.
KATHLEEN MENKE, representing herself, Haines, said she has
equivalent to a master's degree in fisheries. She has followed
fishery and watershed projects for the last 30 years. Currently
she is in the uncomfortable position of contradicting some in
the Haines Borough but she feels there is need to give a heads
up to legislators about the controversy over local hydro
proposals. There are high alpine lakes in the upper Lynn Canal
that could have serious negative impacts to Alaska's wild fish
stocks. Her concern with HJR 25 is the lack of recognition of
wild fish stocks in Alaska. She proposed amendments to ensure
that there are few or no environmental impacts to wild fish
stocks. Clarify that hydroelectric projects are appropriate in
some, not all, areas. She pointed out that it is dangerous to
say that hydropower projects should be developed without
restriction. Development should occur when it can be shown that
negative impacts to wild stocks will not occur. She cited a
proposal in the Chilkoot watershed that is strongly opposed by
many in the community. There is a better alternative. She
cautioned the committee to exercise caution with the language in
the resolution. She strongly supports hydropower; it's an
excellent choice in numerous locations. However, HJR 25 does not
acknowledge that it's not appropriate in all locations.
4:44:05 PM
CHAIR MCGUIRE closed public testimony.
At-ease from 4:44 p.m. to 4:51 p.m.
CHAIR MCGUIRE noted that the congressional delegation is looking
for this resolution.
SENATOR WIELECHOWSKI moved to report HJR 25 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, CSHJR 25(ENE) AM moved from committee.
HB 14-ALASKAN MALAMUTE AS STATE DOG
4:52:38 PM
CHAIR MCGUIRE announced the consideration of HB 14. [CSHB
14(STA) was before the committee.]
STEFAN JOHNSON, sixth grade, Academy Charter said the fifth
graders want the malamute as the state dog, but he believes the
husky is a better choice. He noted that the husky, Balto, ran on
the serum run. He concluded that the husky has a longer history,
is more familiar, and would reflect Alaska better than the
malamute.
4:55:02 PM
REPRESENTATIVE BERTA GARDNER, Alaska State Legislature, said HB
14 was brought to her by students in her district. She met with
the school community to talk generally about the legislative
process. After one girl noted there wasn't a state dog, the
class did some research and then asked for her help. She said
her first question was why the state dog shouldn't be the husky.
The students gave a lot of persuasive reasons and their choice
is good. However, this is not about the dog but about the
legislative process. "It's been just a wonderful project no
matter what the outcome." She expressed the hope that the
committee keeps their minds open until they hear all the
testimony. She pointed out that everything in the packet was
written or elicited by the students.
SENATOR HUGGINS asked if the students discussed Alaska dogs,
because multiple dogs with a renowned history in this state.
4:57:18 PM
REPRESENTATIVE GARDNER said they did have that discussion. On
the House floor two amendments were offered. One was to make the
sled dog the state dog and the other was to make the husky the
state dog. Both amendments were voted down. Although the husky
is well known and beloved, she believes the husky and all dogs
are honored by having dog mushing as the official state sport.
SENATOR HUGGINS mentioned the wolf and said you can make the
case that multiple canines have a significant history in the
state. He encouraged everyone to maintain the open minded
approach that the students have demonstrated.
SENATOR WAGONER asked if the famous Balto was supposed to be
returned to the state.
REPRESENTATIVE GARDNER replied she thinks she saw Balto in the
Anchorage museum, but she isn't sure if he was on loan of there
permanently.
5:00:04 PM
JAMIE RODRIGUEZ, teacher, Polaris K-12 School, introduced
herself, fellow teacher, Carol Bartholomew and the five students
who would testify.
KAI ROBERTS, fourth grade, Polaris K-12 School, related that the
Alaskan malamute is the right choice as the official dog because
of its long history in helping explorers and miners during the
gold rush. "Theoretically, today's malamutes are doing the same
job as their ancestors. In other words, they continue to be the
same amazing dogs that they were throughout Alaska's long
history." The malamute is huge, just like Alaska.
OCEANA GAMEL-HOWES, third grade, Polaris K-12 School, said the
Alaskan malamute was named after the Inuit tribe called
Malamute. This breed has been in Alaska for over 5,000 years,
perhaps much longer. Recent DNA tests confirm that it is one of
the oldest breeds of dogs.
5:03:23 PM
MADELINE FLORES, fifth Grade, Polaris K-12 School, said Alaskan
malamutes stayed with Inuit children while their parents were
out on hunts. They allowed babies to crawl in and snuggle up
with their puppies. Explorers often reported that the work dog
kept by the Malamute people was less wild, more friendly, and
capable of an enormous amount of work. She pointed out that the
husky is already recognized through the official state sport.
Alaska dog mushing wouldn't be the same without the husky, but
that breed cannot match the long and varied history of the
malamute, she concluded.
ADELINE WRIGHT, second grade, Polaris K-12 School, said Alaskan
malamutes continued to be valuable freight dogs long after the
gold rush. They played an important role in the 1925 run to
deliver lifesaving serum to Nome. During World War I they were
called into service delivering supplies to stranded French
soldiers. In World War II Alaskan malamutes pulled sleds in
areas that were not accessible by other transportation.
5:07:08 PM
YUNG SHU WONG, fifth grade, Polaris K-12 School, asked the
committee to set aside any bias about a favorite breed of dog
and consider the intent of HB 14. "The Alaskan malamute's 5,000
plus years represents the entire history of Alaska." This breed
has impressed explorers, miners, and settlers. The Alaskan
malamute participated in the serum run and hauled massive
amounts of freight. The list goes on. The Alaskan malamute has
been involved in Alaska's history and has been a good team
member for over 5,000 years. The legacy of the Alaskan malamute
speaks for itself; passing HB 14 honors that legacy and won't
cost the state a cent."The Alaskan malamute deserves to be
recognized as our official state dog," he concluded.
MS. RODREGUEZ said the children have worked for over two years
on this bill; they have done the research and they are correct.
"We totally support them."
CHAIR MCGUIRE thanked the students and teachers for their hard
work. The testimony has been compelling, she said.
5:10:08 PM
ESTHER ERICKSON, sixth grade, Academy Charter School, said the
husky should be the state dog because it helped carry serum to
kids in Nome and it has a great history in Alaska.
MARIAH YOUNG, sixth grade, Academy Charter School, said she is
testifying against making the Alaska malamute the state dog. She
loves malamutes but the husky is steeped a little deeper into
Alaska history. The husky pulled a sled over 1,000 miles to get
medicine for a sick boy in Anchorage when the medicine and the
doctor were in Nome. The husky was specifically bred to have
thick fur, their paws work as snow shoes. The husky participated
in Alaska's first great race; it would be a good dog to
represent Alaska.
5:12:55 PM
ZACHARY BLOOM, sixth grade, Academy Charter School, said the
husky should be the state dog. It ran the great race over the
Iditarod Trail. Huskies were bred to make it across tough
terrain. "People come to Alaska to see huskies and not
malamutes," he said.
STEVEN MURPHY, sixth grade, Academy Charter School, said the
husky should be the Alaska state dog because of the Iditarod
race. They saved lives and helped people. Huskies are more
widely known around America than the malamute. "Huskies are
specifically the Alaska dog," he said.
BRANDY BOOKOUT, sixth grade, Academy Charter School, stated her
belief that some of the information about the malamute is not
correct; it is about the husky instead. The husky participated
in the serum run to Nome and restored hope to the sick. They are
thought of as an Alaskan dog, not the malamute. Most people
don't know what a malamute is.
5:16:24 PM
ELLI WALTON, sixth grade, Academy Charter School, testified that
the husky should be the state dog. People in the Lower-48 think
of huskies when they think about an Alaskan dog. Why make
another dog the symbol of Alaska? The husky was bred in Alaska
for Alaskans while the malamute is an ancient dog that came from
Siberia.
ELIAS STRATTON, sixth grade, Academy Charter School, said the
husky should be the state dog because he owns a husky. Last
weekend his dog pulled him on his bike along the Coastal Trail.
People don't know what a malamute is; Alaska is known for its
huskies.
COLE CLEMENTS, sixth grade, Academy Charter School, said he
believes that huskies should be the state dog because of
previous testimony. They have heavy fur, they like the cold
weather, and they helped a sick kid in Nome. He polled the
audience asking how many have seen a malamute and how many have
seen a husky. "That kind of proves that everybody's seen a
husky. That is my point," he concluded.
SENATOR WIELECHOWSKI asked if the Academy Charter School has a
nickname.
MR. CLEMENTS replied his school is known as "Home of the
Huskies."
5:21:11 PM
LOGAN METZLER, sixth grade, Academy Charter School, said until
today he had no idea what a malamute is, but even when he lived
in Arizona he knew about the husky. His grandpa is a
spokesperson for the Iditarod and he supports the husky as the
state dog. They are built for Alaska while the malamute was just
brought over with hunters. He believes the husky should be the
state dog.
MEGAN THOMAS, sixth grade, Academy Charter School, said the
husky should be the state dog because she has lived in Alaska
her whole life and has seen a malamute just once. She sees
huskies all the time and there are more huskies in the Iditarod.
It would be honorary to make the husky the state dog.
At ease from 5:23 p.m. to 5:29 p.m.
5:29:12 PM
CHAIR MCGUIRE said these students have put forward good
arguments on both sides. She related that sometimes the goal in
bringing a bill forward is to elicit a healthy debate. That has
happened here. She thanked the Polaris students for bringing
this bill forward and getting so many fellow Alaskans to weigh
in. She encouraged them to continue to participate in the
legislative process.
SHEILA MARTIN, dog breeder, Palmer, said she has lived in Alaska
for 25 years. She breeds and trains dogs and thus is familiar
with the American Kennel Club (AKC) recognized breeds. She
expressed the opinion that recognizing the malamute as the
official state dog would be a mistake. The AKC recognizes the
Alaskan malamute as a breed that is separate and distinct and
doesn't encompass the many dogs used in sled dog racing. The
state dog should represent the dog that has been used by past,
present and future Alaskans, she said. This can only be the sled
dogs of Alaska. This is the dog that mushers and Alaskans call
the Alaskan husky.
5:34:31 PM
CHAIR MCGUIRE asked if she has thought about compromises to
recognize both a state dog of sport and a state dog.
MS. MARTIN expressed reservations.
CHAIR MCGUIRE asked if there is an Alaskan malamute.
MS. MARTIN said that is apples and oranges. Someone familiar
with the AKC thinks about a breed standard when asked about the
Alaskan malamute, but a Mackenzie River malamute that she
purchased in Alaska didn't fit the standard. That dog was
considered an Alaskan husky too.
CHAIR MCGUIRE asked the sponsor if she's thought of a way to
accommodate both canines.
REPRESENTATIVE GARDNER said it is the prerogative of the
committee, but the bill says the Alaskan malamute. The AKC has
its own rules. Initially she favored the husky, but it is a
mixed breed.
CHAIR MCGUIRE asked if she would support amending the bill to
include the Alaskan malamute as the official state dog and the
Alaskan husky as the official state sled dog.
REPRESENTATIVE GARDNER replied dog sledding is already the state
sport and that encompasses all dogs that are used in mushing.
The malamute has a multi-thousand year history in Alaska and is
associated with the first Alaskans. The malamute is the only AKC
recognized breed that is indigenous to North America.
CHAIR MCGUIRE asked the committee if they support the
compromise.
5:39:34 PM
SENATOR HUGGINS proposed letting Alaska students vote on the
issue.
SENATOR WAGONER concurred with Senator Huggins.
SENATOR FRENCH said this is what democracy is all about. Having
ballots distributed to students across the state is a great
idea.
5:42:31 PM
SENATOR HUGGINS encouraged the committee to seriously consider
letting the students vote.
REPRESENTATIVE GARDNER said this bill is largely about student
engagement and learning about the process. Another school might
want to bring forward another bill or amend existing statute if
this were to pass.
SENATOR WAGONER supported letting sixth grade Alaskan students
vote on the issue. It would be a very educational process.
CHAIR MCGUIRE asked the teachers at Polaris if they would
continue the quest for democracy if the committee decided to
have students vote on the issue.
SENATOR STEVENS suggested turning this over to the commissioner
of education. "If the commissioner is worth his salt, he'll find
a way to have an election and figure it out."
5:45:54 PM
MS. RODRIGUEZ said her group disagrees because it took 2.5 years
to get to this point. The necessary information can't get out in
time to have a vote. Putting this to a vote would be an entirely
different process. This isn't how you pass laws; you don't put
an issue out to a small group of people to speak for everyone,
she said. "We very respectfully object," she said.
SENATOR WAGONER disagreed saying this is the way the legislative
process works.
5:49:05 PM
SENATOR HUGGINS agreed with Senator Wagoner saying with due
respect to each of the kids that worked hard on this there are
lots of differing ideas.
MS. RODRIGUEZ said we understand that things can happen to a
bill, but the intent of the bill is to honor the whole history
of Alaska, not just dog mushing. The Alaskan malamute has been a
part of the entire history of Alaska. "We hope that you can
understand that," she said.
5:50:41 PM
CHAIR MCGUIRE said this bill just came to the Senate this week
and is moving quickly because of the good work the students have
done.
At ease from 5:50 p.m. to 5:51 p.m.
5:51:48 PM
CHAIR MCGUIRE noted that she was part of the bills regarding the
state seal and the state flag song; they elicited lots of
emotion. She thanked the students and held HB 14 in committee.
HJR 27-STATE SOVEREIGNTY
5:53:47 PM
CHAIR MCGUIRE announced the consideration of HJR 27. [CSHJR
27(RES) was before the committee.]
At ease from 5:52 p.m. to 5:53 p.m.
DEREK MILLER, staff to Representative Mike Kelly, sponsor of HJR
27, said this resolution serves as a notice to the federal
government to cease and desist efforts to encroach on state's
rights.
CHAIR MCGUIRE announced she would hold HJR 27 in committee.
5:55:22 PM
There being nothing further to come before the committee,
Senator McGuire adjourned the Senate Resources Standing
Committee at 5:55 p.m.
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