Legislature(2025 - 2026)BUTROVICH 205
03/10/2025 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB97 | |
| SB108 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 108 | TELECONFERENCED | |
| *+ | SB 97 | TELECONFERENCED | |
SB 97-BIG GAME PERMIT PROGRAM
3:30:55 PM
CHAIR GIESSEL announced the consideration of SENATE BILL NO. 97
"An Act establishing a big game guide concession area permit
program on land in the state; relating to the duties of the Big
Game Commercial Services Board, the Board of Game, the
Department of Fish and Game, and the Department of Natural
Resources; requiring the Board of Game to establish an initial
big game guide concession area; and providing for an effective
date."
3:31:30 PM
INTIMAYO HARBISON, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, co-presented SB 97 on behalf of the
sponsor. He invited Emma Torkelson to introduce SB 97.
3:31:41 PM
SENATOR CLAMAN arrived.
3:32:04 PM
EMMA TORKELSON, Staff, Senator Robert Kaufman, Alaska State
Legislature, Juneau, Alaska, co-presented SB 97, formerly
offered by Senator Kaufman [as Senate Bill 189]. She explained
that SB 97 addressed long-standing problems for commercial big-
game hunting guides operating on Alaska state land. After a
state-run system was struck down in 1988, a federal guide
concession program was instituted, leaving state lands without a
guide concession program. She said this led to overcrowding and
competition in certain areas that harmed guides, clients,
businesses, and wildlife resources. SB 97, first passed [as
Senate Bill 189] in 2024, created a guide concession program for
one problem area on state land, with the option to expand later.
She said the program functions like a lease, limiting the number
of guide permits in a defined area and using competitive
selection, term limits, transfer rules, enforcement provisions,
and equitable fees.
3:34:16 PM
MS. TORKELSON said the guide concession program was designed to
meet Alaska Supreme Court requirements, mirrored the successful
federal model, and incorporated recommendations from the 2023
guide concessions work group. She deferred technical questions
to Jason Bunch, the work group's chair.
3:35:05 PM
SENATOR CLAMAN asked for confirmation that SB 97 was identical
to Senate Bill 189, passed in 2024.
3:35:12 PM
MS. TORKELSON affirmed that SB 97 was identical to Senate Bill
189.
3:35:16 PM
CHAIR GIESSEL asked for an explanation of the need for the
committee to hear SB 97/Senate Bill 189 again.
3:35:25 PM
MS. TORKELSON deferred to Ms. Kawasaki.
3:35:50 PM
SONJA KAWASAKI, Legal Counsel, Senate Majority Caucus, Alaska
State Legislature, Juneau, Alaska, said SB 97 would reenact
parts of Senate Bill 189 that created the big game concession
area permit program. She said SB 97 was intended as a technical
fix to ensure the program remained valid because Senate Bill 189
was being challenged in court for allegedly violating Alaska's
constitutional single-subject rule. By reenacting the relevant
provisions of Senate Bill 189 separately, the big game
concession area permit program would stand on its own and could
potentially render the lawsuit moot. She said the lawsuit was
filed in November 2024, the state responded in January 2025, and
the next step was a trial-setting conference scheduled for May
12, 2025.
3:37:39 PM
CHAIR GIESSEL clarified that SENATE BILL 189 contained the [Big
Game Guide] concession and it also contained the renewal of
three regulatory boards, and legislation regarding child care.
Consequently, the assertion was made that SENATE BILL 189
violated the single subject law [in Alaska's constitution]. She
said this was why SB 97 was before the committee.
3:38:09 PM
SENATOR MYERS noted the previous concession program was
invalidated by the Supreme Court in [1988]. He asked why that
program was invalidated and why the program put forth in SB 97
was constitutional.
3:38:37 PM
CHAIR GIESSEL noted possible expert resources available online.
3:39:08 PM
MS. KAWASAKI said she was not familiar with the prior
legislation that was alleged to be in violation of the [state]
constitution. She offered to report back to the committee.
3:39:33 PM
CHAIR GIESSEL suggested that forthcoming testimony may provide
answers.
3:39:43 PM
CHAIR GIESSEL announced invited testimony on SB 97.
3:40:09 PM
JASON BUNCH, Outgoing Chair, Alaska Big Game Commercial Services
Board (BGCSB), Kodiak, Alaska, gave invited testimony in support
of SB 97. He explained the Big Game Commercial Services Board
long lacked a tool to manage the number of guides in specific
areas of Alaska, unlike federal land managers who successfully
used concession systems for decades. He said the work group
included state agency representatives, guides, and a public
member. They held 16 public meetings and developed the
concession program enacted in Senate Bill 189 and presented
again in SB 97. He acknowledged the working group's
unintentional oversight - that they did not consult with large
neighboring private landowners.
MR. BUNCH said the working group designed the big game
concession guide program to comply with the [1988] Owsichek
ruling and is confident the program itself is defensible.
However, he said the current law was vulnerable due to the
ongoing Eastman single-subject litigation. Because of that legal
uncertainty, the [Big Game Commercial Services Board] determined
they could not responsibly proceed without passing SB 97 to
solidify the program. He urged the committee to pass SB 97 as
written, emphasizing the extensive collaboration behind it.
3:42:35 PM
SENATOR MYERS reiterated his question. He noted the Alaska
Supreme Court 1988 decision to invalidate the previous iteration
of the big game guide concession program and asked why the
earlier program was invalidated and why the [Big Game Commercial
Services Board working group] found the program provided by SB
97 was different and why they expected it to survive court
scrutiny.
3:42:58 PM
MR. BUNCH said the previous program was challenged in the
supreme court and failed the tests of common use and equal
access. He said the case highlighted that concessions were
constitutional and legal if done under the lease authorities of
Department of Natural Resources (DNR) with equal opportunity. He
said the working group endeavored to address and correct
features of the program according to the weaknesses revealed in
the Owischek decision.
3:44:17 PM
CHAIR GIESSEL requested ADF&G Commissioner Vincent-Lang to come
forward to answer questions on SB 97.
3:44:34 PM
CHAIR GIESSEL noted reports that the sheep population in Alaska
was declining. She asked how a guide concession program would
affect those populations.
3:44:54 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish and
Game (ADF&G), Juneau, Alaska, affirmed that sheep populations
were challenged across the state and there were limited hunting
opportunities. He said SB 97 would give regulators a tool to
limit the number of guides operating in a given area. He noted
that the number of guides operating on federal land were limited
and the only open-entry [hunting] areas were on state land. As a
result, highly used areas like 19C have heavy use with many
guides. He said limiting the number of guides would limit non-
resident hunting in the area and allow more opportunity for
residents. He said this could also be done by instituting
drawing permits.
3:45:42 PM
SENATOR MYERS asked why the state did not just use draw permits.
3:45:49 PM
COMMISSIONER VINCENT-LANG noted that some hunters needed a guide
to hunt sheep. He said using draw permits without a limited-
entry program for guides would still result in an uncompetitive
number of guides in the area. He said there could be a
combination of [draw permits and limited-entry guides] but
limiting guides would be necessary to reduce the competition for
resident hunters.
3:46:19 PM
SENATOR MYERS asked whether limiting the number of permits would
limit the number of guides.
3:46:31 PM
COMMISSIONER VINCENT-LANG said resident and non-resident hunters
often need guides to hunt sheep and limiting the number of
guides would reduce the hunting competition.
3:47:11 PM
SENATOR MYERS noted that SB 97 did not specify sheep. He asked
whether it would apply to moose, caribou, black bear, grizzly
bear, etc.
3:47:34 PM
COMMISSIONER VINCENT-LANG affirmed that [similar legislation]
was used currently on federal lands on Kodiak Island. He said
there were still questions about how many permits should go to
non-resident hunters, but [hunting pressure] could still be
managed [effectively] by limiting the number of guides in the
landscape. He emphasized that guide programs enhance the guides'
sense of stewardship for the resource. He said the only areas
currently open for guiding were state lands.
3:48:20 PM
SENATOR MYERS asked how the federal guiding programs that
limited guides had affected the price for guiding services in
those program areas.
COMMISSIONER VINCENT-LANG deferred the question to the Big Game
Commercial Services Board.
3:48:42 PM
COMMISSIONER VINCENT-LANG said the Owischek decision determined
that the state could not grant long-term, non-competitive leases
to individuals. Previously, guide areas were being issued and
sold without competition. SB 97 would restore the earlier,
successful structure but make it compliant by requiring
competitive allocation and limiting permit duration to 10-year
terms, after which guides must reapply, ensuring privileges are
not permanent and remain consistent with Owischek criteria.
3:49:29 PM
SENATOR MYERS said he would like to learn how programs limiting
the number of guides affected the cost of guide services.
3:49:46 PM
CHAIR GIESSEL said the chair of the Big Game Commercial Services
Board would be testifying.
3:49:53 PM
CHAIR GIESSEL concluded invited testimony on SB 97.
3:50:00 PM
CHAIR GIESSEL opened public testimony on SB 97.
3:50:29 PM
Insufficient audio connection.
3:51:11 PM
AARON BLOOMQUIST, Chairman, Big Game Commercial Services Board,
Palmer, Alaska, introduced himself and testified in support of
SB 97. He said the Big Game Commercial Services Board and the
Board of Game long sought a state-land guide concession program,
and they were pleased to see progress. He said the Big Game
Commercial Services Board had no effective tools to reduce guide
conflict without harming the small businesses. He reported that
conflict among guides was especially high on state lands without
concessions, and drawing permits did not resolve these issues.
He said, in some areas, they worsen conflict, for example in
Units 14C, 13D, and on the Kodiak road system. He opined that
the problem wasn't too many guides overall because the industry
shrank by about one-third since 2005 due to retirements and
tougher entry requirements, high-quality areas still generate
heavy competition and conflict. He praised SB 97 for its
extensive public input and expert involvement, expressing
confidence that it would provide an effective, balanced
solution.
3:54:23 PM
SENATOR MYERS asked whether the prices for and quality of guide
services was affected by guide concession programs.
3:54:53 PM
MR. BLOOMQUIST explained that in sheep hunting, his area of
expertise, clients preferred guides who held federal concessions
because they associated them with higher-quality, conflict-free
hunts. He said prices were not always higher, but concessions
provided a strong marketing advantage. He said many hunters
viewed federal concessions in Alaska or exclusive concessions in
Canada as the best options, since those systems guaranteed
exclusive operating areas. As a result, he said having a
concession offered a clear business and marketing benefit for
guides.
3:56:18 PM
SENATOR MYERS noted that when legislation granted a monopoly,
for example in the case of a utility, there would be heavy
regulation of the prices. He asked whether similar price
controls were intended to be included in SB 97, like other
economic monopolies in the state.
3:57:08 PM
MR. BLOOMQUIST argued that guide concessions would not create a
monopoly, noting that Alaska had 220250 registered guides, each
operating as an independent business. He said about half already
worked in exclusive federal concessions, where competition
remained strong and market forces controlled pricing. He
emphasized that recent price increases, such as the 3040
percent rise in sheep hunt prices after severe winters in 2019
2020, were driven by supply and demand across North America, not
by concessions. He maintained that the industry would remain
market driven and would not require price controls.
3:58:32 PM
SENATOR MYERS noted recent concern over transferability of
exclusive fishing licenses, suggesting that a power imbalance
and unequal access resulted. He asked whether transferability
provisions of SB 97 were likely to be problematic.
3:59:13 PM
MR. BLOOMQUIST compared transferability rules across agencies.
He said National Park Service concessions could generally be
bought and sold if the buyer was a qualified, licensed guide.
Fish and Wildlife Service concessions were also transferable but
only after the holder operated them for more than a decade. He
noted concerns that transferable rights in commercial fisheries
were sometimes sold out of state, but emphasized that in guiding
most federal concessions, about 89 percent in past analyses,
were owned by Alaskans, partly because running remote operations
from outside the state was difficult. He argued that allowing
transferability in guide concessions would help maintain long-
term, family-run businesses.
4:01:38 PM
SENATOR MYERS raised a concern about the "power of the default"
regarding the 10-year permit system proposed by SB 97. He
acknowledged that permits couldn't be renewed without a new
open, competitive process, but wondered whether incumbents might
retain their permits simply because no one challenged them. He
noted that a lack of competing applications or limited public
comment, unless a major violation occurred, could allow the
existing permit holder to keep the concession by default,
potentially enabling an informal "good old boy" dynamic.
4:02:36 PM
MR. BLOOMQUIST noted similar provisions in the federal programs.
He said the National Park Service offered operators an "earned
renewal" option that allowed them to match a competing proposal.
He said this reflected the Park Service's preference for long-
term operators who met performance standards. In contrast, he
said the U.S. Fish and Wildlife Service concessions often
changed hands and said a recent reallocation allowed many new
entrants to successfully gain areas. He noted that SB 97
included provisions that support opportunities for new entrants
and allowed applicants to demonstrate they can provide better
stewardship. He observed that the details of the program were
yet to be crafted and emphasized that periodic competition for
state lands and wildlife, both public trust resources, ensured
that the best-qualified operators were selected.
4:05:15 PM
MARK RICHARDS, Executive Director, Resident Hunters of Alaska,
Fairbanks, Alaska, testified in opposition to SB 97. He said SB
97 attempted to limit guide numbers on state lands and address a
long-standing problem that has caused conflicts among hunters
and biological strain on wildlife. He noted that warnings about
overcrowding date back at least 17 years but said neither the
Big Game Commercial Services Board nor the Board of Game had
taken meaningful action. Instead, he said both boards relied
solely on a guide concession program as the solution and have
refused to limit either guides or nonresident hunters. He argued
that the real issue was the Board of Game allowing unlimited
opportunities for nonresident hunters who must hire guides,
which in turn drives up guide numbers. He criticized the Big
Game Commercial Services Board for continuing to test and add
new guides despite known problems, and for refusing to restrict
guides to fewer guide use areas, which, he argued, could have
been done decades ago after the Owsichek decision. He claimed SB
97 had serious flaws, which he said must be fixed:
• DNR should not regulate guides.
• The transferability clause was illegal because the Owsichek
decision prohibited treating exclusive guide areas as private
property that can be sold.
• A change inherited from Senate Bill 253 would allow guides to
hold three regular guide use areas plus three concession
areas.
MR. RICHARDS concluded by expressing deep frustration with
apparent inaction and urged meaningful changes.
4:10:16 PM
CHAIR GIESSEL closed public testimony on SB 97.
4:10:35 PM
MR. HARBISON summarized the sectional analysis for SB 97.
[Original punctuation provided.]
Sectional Analysis SB 97
"An Act establishing a big game guide concession area
permit program on land in the state; relating to the
duties of the Big Game Commercial Services Board, the
Board of Game, the Department of Fish and Game, and
the Department of Natural Resources; requiring the
Board of Game to establish an initial big game guide
concession area; and providing for an effective date"
Section 1: Amends the duties of the Big Game
Commercial Services Board (BGCSB) in AS 08.54.600(a)
to authorize their role in the establishment of big
game guide concession areas.
4:10:55 PM
MR. HARBISON continued to summarize the sectional analysis for
SB 97:
Section 2: Creates new section AS 16.05.262 empowering
the Board of Game (BOG) to oversee the process of
determining which game management units or subunits
will adopt a big game guide concession area permit
program.
Requires a proposal be first submitted to the BOG
nominating a game management unit or subunit for the
guide concession program. After a public comment
period, the BOG in consultation with the BGCSB,
Department of Natural Resources (DNR), the Department
of Fish and Game (DF&G), may approve that proposal.
Their approval process must take into consideration
that establishing the area supports the conservation
and management of the state's land and big game
resources, aides the enforcement of big game hunting
laws, and is in the public interest. If the BOG
approves an application, they will determine the
number of full and limited concession area permits
that will be granted in a given big game guide
concession area.
Further, section 2 prohibits the combination of more
than three existing guide use areas into a single big
game guide concession area and includes definition
references.
4:11:12 PM
MR. HARBISON continued to summarize the sectional analysis for
SB 97:
Section 3: Creates new section AS 38.05.022 empowering
the Department of Natural Resources (DNR) to
administer the implementation of the big game guide
concession area permit program on land approved by the
BOG.
Outlines that the overarching goals of the guide
concession program are to encourage long-term minded
conservation, enhance customer experience, reduce user
conflicts, and ensure responsible, professional,
economically guiding industry.
Establishes the features of the guide concession
program permits:
1. All permits are awarded an open, public, and
competitive process.
2. A guide may not hold more than three concession
permits at a time.
3. Permits are valid for 10 years.
4. Permits may not be extended or renewed without the
same open, public, and competitive process.
5. Permits may be transferred to another individual
based on conditions set in regulation that are
consistent with the overarching goals of the guide
concession program.
6. If the terms of statute or regulation are violated,
permit may be suspended or revoked after the permit
holder has been given written notice and
opportunity to be heard.
Section 3 further empowers the DNR, in consultation
with the BOG, DF&G, and BGCSB, to adopt the necessary
regulations including the qualifications for full and
limited concession permits, process for issuing the
permits, and the collection of fees; grants DNR or
their designee the authority to enforce the terms of
this program; allows DNR to keep confidential any
proprietary, commercial, and financial information
provided by concession permit applicants; and includes
definitions.
4:11:31 PM
MR. HARBISON continued to summarize the sectional analysis for
SB 97:
Section 4, Uncodified Law: In order to establish the
first big game guide concession area and permit
program, the BOG will select one game management unit
or subunit that would most benefit from the
implementation of the guide concession program.
Section 5, Uncodified Law: Transitional language
allowing the guide concession program to extend to new
game management units and subunits after the first one
has been implemented for at least three (3) years.
Section 6: Sets an immediate effective date.
4:12:41 PM
CHAIR GIESSEL held SB 97 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0097A.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 97 Fiscal Note ADFG Support.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 97 Fiscal Note ADFG.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 97 Fiscal Note DNR.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 97 |
| Explanation of Changes SB 97-SSSB253.pdf |
SFIN 4/25/2025 9:00:00 AM SRES 3/10/2025 3:30:00 PM |
SB 97 SB 253 |
| SB 97 Combined Historical Documents Provided by (S)RES 2.26.25.pdf |
SFIN 4/25/2025 9:00:00 AM SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 97 Committee Sectional Anlysis.pdf |
SFIN 4/25/2025 9:00:00 AM SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 97 Comments Resident Hunters of Alaska.pdf |
SFIN 4/25/2025 9:00:00 AM SRES 3/10/2025 3:30:00 PM |
SB 97 |
| SB 108 Fiscal Note ADFG.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| SB 108 Fiscal Note DEC.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| SB0108A.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| SB108 Sectional Analysis Version A 02.25.25.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| SB108 Transmittal Letter Version A 02.20.25.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| ADFG SB108 Overview Presentation 03.10.25.pdf |
SRES 3/10/2025 3:30:00 PM |
SB 108 |
| SB 97 Committee Sponsor Statement .pdf |
SRES 3/10/2025 3:30:00 PM |
SB 97 |