Legislature(2017 - 2018)BUTROVICH 205
01/29/2018 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SJR4 | |
| HJR12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 4 | TELECONFERENCED | |
| + | HJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 4-AK LEGALLY ACQUIRED IVORY USE EXEMPTION
3:30:45 PM
CHAIR GIESSEL announced consideration of SJR 4, version 30-
LS0109\D, exempting Alaskan's legal ivory crafts, a staple of
the Alaska Native community, from the blanket ivory ban
targeting poaching operations in Africa and Asia. This
resolution is sponsored by Senator Olson.
JACQUELYN BOYER, staff to Senator Olson, sponsor of SJR 4,
Alaska State Legislature, briefed the committee that this issue
was brought to Senator Olson by various constituencies who face
serious negative impacts from some states that have banned
ivory.
Some bans vary from being very specific like listing the species
and sub-species of what they ban to just banning all ivory.
Constituents' concern is that more states will initiate bans and
imposing harsh consequences on legal artists in Alaska who
obtain ivory through the by-products of subsistence or
fossilized ivory product.
3:33:00 PM
SENATOR STEDMAN joined the committee.
MS. BOYER said the proposed committee substitute (CS) reflects
Skagway artists' concerns who are non-Native and use ivory
legally.
3:34:31 PM
CHAIR GIESSEL opened invited testimony.
VERA METCALF, Director, Eskimo Walrus Commission (EWC), Kawerak,
Inc., Nome, Alaska, supported SJR 4. She said the commission
represents about 19 coastal communities in North Slope,
northwest Arctic, Bering Straits, Bethel, and Dillingham.
She stated that the Marine Mammal Protection Act (MMPA) allows
harvest of Pacific walrus for Alaska Native coastal residents.
This exemption was included because it is a fundamental and
culturally important activity. Utilizing all the gifts from the
harvest of marine or other wildlife resources is also very
fundamental to the cultural values of Alaska Native people. If
the use and value of walrus ivory is generally outlawed, Alaska
Natives could stop retaining walrus ivory, which could be
considered wasteful take under the MMPA unless the take is for
subsistence purposes and if such take is done for the purposes
of creating and selling authentic Native handicrafts and
clothing. If there is no market for creating and selling Alaska
Native ivory art and handicrafts, Alaska Natives probably won't
continue to create them. The economic and cultural impacts of
walrus ivory remain critical to Alaskan communities.
3:37:17 PM
CANDACE CAHILL, representing herself, Skagway, Alaska, supported
SJR 4. She is a small business owner and artist and was asked to
speak on behalf of Skagway's larger artist population and non-
Native users of ivory. She urged the committee to consider how
this resolution and the laws impacts Alaskans who are non-
Native. Considerable efforts have been directed toward
protecting the rights of Alaska Natives, which is right, to be
able to harvest and utilize the walrus ivory as well as
protecting their rights to collect and use extinct ivories from
mammoths and mastodon, but the concerns of non-Native users of
fossil materials has been largely overlooked. Her artwork, her
husband's, and many of the people she represents use fossil
walrus, mastodon, and mammoth ivory, much of which is collected
by and bought from Alaska Natives. So, it's an income source for
them, as well. But as a non-Native, she can only use fossilized
ivory, because the animals have been dead for hundreds or
thousands of years. It is the only type of ivory that is legal,
because collecting it hasn't harmed any animals. Banning it
would essentially shut them down.
MS. CAHILL said much of the business they do is generated from
tourism, and over the past several years there has been an
increase in awareness of the protection of elephants and the
legality of ivory as a whole. As a result, she and other in the
industry spend a great deal of time trying to educate people
about fossil ivory and how it takes hundreds of years for the
ivory to show fossilization, the differences between fresh
walrus ivory versus fossil, and address the significant
differences between modern elephant ivory and ancient mammoth
and mastodon ivory.
MS. CAHILL said she also has an on-line business but is
currently prohibited from selling work that incorporates fossil
ivory in the four states that have outlawed it, and there is the
potential to lose many more states over the next couple of years
if Congress doesn't act. They need to be able to sell their work
or their business and many others like it around Alaska will
fail. Without the ability to work with fresh ivory, a lot of the
fossil ivory will simply disintegrate and be lost. Artists are
preserving the beauty and extraordinary qualities of these types
of fossilized ivory.
3:41:28 PM
MS. CAHILL said in preparing to talk today, she reviewed the
U.S. Senate Bill 1965, The Allow Alaska Ivory Act, that was
introduced in Congress last year by Senator Sullivan, but she
was concerned about the wording as it does nothing to take
concerns of non-Natives into consideration. She wants to do all
in her power to ensure that their concerns are addressed and to
be certain that it specifically includes language that protects
the use of fossil ivories by all, not just Alaska Natives.
3:42:37 PM
CHAIR GIESSEL, finding no questions, said that concluded invited
testimony.
SENATOR COGHILL moved to adopt CSSJR 4(RES), version 30-LS0109\O
as the working document.
CHAIR GIESSEL objected for purposes of discussion. She invited
committee staff to explain the changes in the committee
substitute.
3:43:45 PM
AKIS GIALOPSOS, staff to Senator Giessel and the Senate
Resources Committee, Alaska State Legislature, Juneau, Alaska,
reviewed the five changes in the CS as follows:
Senate Resources Committee Substitute for Senate Joint
Resolution 4 Summary of Changes from Version D to Version O
1. Page 1, Lines 1-3: Deletes the title language from
the previous version (Page 1, Lines 1- 2), and inserts
a new title with the following language: "Urging the
United States Congress to pass legislation providing
for the exemption of legally acquired walrus, mammoth,
and mastodon ivory from laws that ban the sale, use,
and possession of ivory."
2. Page 1, Lines 11-12: Adds a new Whereas clause with
the following language: "WHEREAS, non-Native
individuals in the state use legally acquired mammoth
ivory to make handicrafts, jewelry, and artwork; and"
3. Page 2, lines 6 and 11: Deletes the word 'Native'
from the previous version (Page 2, Lines 4 and 9)
4. Page 2, Line 17: Add the words "legally acquired?"
5. Page 2, Lines 20-27: Deletes the language from the
previous version sending copies to various dignitaries
(Page 2, Lines 18-20). Adds new language listing the
dignitaries receiving copies of the resolution.
MS. BOYER said Senator Olson requested these changes consisting
of neutral language to cover all Alaskans.
CHAIR GIESSEL removed her objection. Finding no further
objection, she announced that version O was before the
committee. She opened public testimony.
3:46:29 PM
ALICE BIOFF, member, Alaska State Council on the Arts, Community
Planning Development, Kawerak, Nome, Alaska, supported SJR 4.
She is a tribal member of the Native Village of Koyuk and grew
up there and in Nome (for the last 18 years). Through her work
at Kawerak she is privileged to work with artist entrepreneurs
within the community, so they can sustain themselves, their
families, and their communities.
She said that walrus ivory harvested during subsistence hunting
is one of the main materials artists use to carve into unique
traditional artwork that has been recognized for its amazing
craftsmanship throughout the world. Most importantly, the arts
and crafts keep traditional practices alive and strong beautiful
work being passed down from one generation to the next. She
said: "Our art is weaved into who we are as indigenous people
and having access to the materials to continue that art is
vital."
3:49:48 PM
MELANIE BAHNKE, President & CEO, Kawerak, Inc., Nome, Alaska,
supported SJR 4. She is also the daughter of an Alaska Native
artist and her two brothers carve ivory to make a living. She
wanted to make it clear to Congress that the State of Alaska
supports it Alaska Native artists. But this isn't just about
Alaska Native artists; an entire community within the state
relies on ivory, bone, and mastodon one way or another to
support themselves and their families and contribute to the
Alaska economy.
She proposed amending the word "non-Native" in reference to
mammoth ivory to "Native and non-Native". Language in the
current proposed amendment sounds as though only non-Natives can
work with mammoth ivory. She also recommended adequate review by
legal staff where something is restricted to Alaska Natives, so
that the proposal isn't in conflict with the Marine Mammal
Protection Act (MMPA).
In conclusion, she asked the members to image what would happen
if Alaska salmon was being banned in the other states, or crab
and halibut. She said, "Ivory is a unique product that comes
from our state and we need to protect it and also promote it on
par with our salmon and our crab and fish."
3:52:11 PM
CHAIR GIESSEL, finding no further comments, closed public
testimony.
SENATOR COGHILL moved Amendment 1, labeled 30-LS0109\O.1
30-LS0109\O.1
Laffen/Bannister
1/29/18
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR GIESSEL
TO: CSSJR 4( ), Draft Version "O" Page 1, line 11:
Delete "mammoth"
Insert "fossilized"
CHAIR GIESSEL objected for discussion purposes.
3:54:20 PM
CHAIR GIESSEL invited committee staff to come forward and
comment on the concern that both Native and non-Native needed to
be specified in terms of the fossilized ivory.
MS. BOYER responded the intent behind deleting "Native" was to
encompass all artists in Alaska, because some use legally
acquired ivory.
MR. GIALOPSOS explained at the behest of the bill's sponsor the
term "mammoth" was replaced with "fossilized," because of the
concern that simply putting in the word "mammoth" would be
prohibitive, because non-Natives artists are allowed to use
fossilized mammoth, walrus, and mastodon. This just clarifies
that non-Native artists have access only to all fossilized
ivory.
CHAIR GIESSEL removed her objection to Amendment 1, and finding
no further objection, announced that Amendment 1 was adopted.
SENATOR WIELECHOWSKI asked if Congress could preempt this issue.
MR. BOYER answered yes, it can.
3:58:00 PM
SENATOR WIELECHOWSKI asked if the sale of these products is not
authorized under the Marine Mammal Protection Act.
MS. BOYER replied that the MMPA is ambiguous and that is the
basis of this resolution.
SENATOR WIELECHOWSKI asked if any of the ivory that is being
proposed to be sold meets any of the two requirements in the
Hawaii bill that read: 1. On appendix 1 or 2 of the Convention
of International Trade and Endangered Species or 2. As
endangered or threatened under the Endangered Species Act.
MS. BOYER said she didn't know. In deference to the recent
Supreme Court decision not to take up the listing of the ringed
seal appeal, Alaska Natives can harvest seal whether they are
endangered or not, because of their subsistence rights.
SENATOR WIELECHOWSKI asked if whale and walrus ivory is not an
endangered species.
MS. BOYER said she didn't know the answer to that.
CHAIR GIESSEL asked Ms. Boyer to find answers to Senator
Wielechowski's questions and forward them to her and she would
distribute them to the committee.
4:01:15 PM
SENATOR COGHILL moved to report CSSJR 4, as amended, from
committee with individual recommendations and attached zero
fiscal note. There were no objections and so CSSJR 4(RES) moved
from committee.