Legislature(2023 - 2024)BUTROVICH 205
03/20/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor Appointees | |
| SJR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 8 | TELECONFERENCED | |
| *+ | HJR 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 8-NAT'L PARK SERVICE; HUNTING IN PRESERVES
4:44:18 PM
CO-CHAIR GIESSEL reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 8 Disapproving the
proposed rule by the National Park Service limiting non-
subsistence hunting methods; and urging the National Park
Service to withdraw the rule.
4:44:49 PM
JULIA O'CONNOR, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, introduced SJR 8 on behalf of the
Senate Resources Committee.
1. The proposed rule by the National Park Service would
limit certain hunting practices and close all predator
hunts in national preserves. This ruling is contrary
to ANILCA (Alaska National Interest Lands Conservation
Act) and the Alaska Statehood Act and should be
withdrawn.
2. The proposed rule will not ban any of the "sport
hunting" practices, such as bear baiting, bear
denning, and hunting swimming caribou, but will only
close those hunts to non-federally qualified hunters,
even if those non-federally qualified hunters have
cultural ties to those methods and means.
3. The proposed rule nullifies wildlife management and
will cause a cascade of effects that will ultimately
threaten food security in communities that rely on
wildlife National Preserves for subsistence.
4. All Alaskan hunting methods are approved by the Alaska
Board of Game and require a robust public process with
significant input from biologists, residents, and
other stakeholders. The Board of Game must consider
customary traditional harvests and hunting practices,
crucial to continuing Alaska's cultural heritage. The
rule overreached Alaska's public process by closing
customary and traditional Alaskan harvests.
5. Alaska has successfully managed wildlife on both state
and federal land since the United States Department of
the Interior transferred to the state management
authority in 1959. The proposed rule by the National
Park Service works counter to the Alaska statehood
act.
6. Senate Joint Resolution 8 urges the National Park
Service to withdraw the proposed rule and work
collaboratively with Alaska to find a solution that is
based on sound science and to recognize Alaska's
authority to manage its wildlife populations.
CO-CHAIR GIESSEL turned to invited testimony.
4:47:16 PM
THOR STACEY, Director of Government Affairs, Professional
Hunters Association, Juneau, Alaska, provided invited testimony
in support of SJR 8. He revealed that he is a registered
lobbyist for the Alaska Professional Hunters Association (APHA).
He stated that APHA supports SJR 8. He stressed that support for
the resolution does not indicate support for bear baiting, bear
denning or hunting swimming caribou. He added that opposition to
the resolution does not indicate opposition to those methods and
means. He stated that passage of the resolution would continue
to allow the methods and means for federally qualified users of
National Parks and Preserves.
MR. STACEY continued that the resolution addressed a broad
preemption of state wildlife management authority. He stated
that the general preemption incorporated in the rule will
disallow all sustainable predator hunts on National Park Service
Preserves in Alaska. He added that the general preemption
removes longstanding sustainable predator hunts on national
preserves. Predators and prey are naturally intact in Alaska and
disallowing the harvest of either predator or prey nullifies
wildlife management. He stated that the proposed rule has the
effect of closing state predator hunts while leaving in place
all hunts for food animals (caribou, moose and deer).
MR. STACEY revealed the second substantive effect of the
specific preemptions: bear baiting, bear denning and taking of
swimming caribou. He pointed out the legislative directive for
the Board of Game to prioritize and consider customary and
traditional uses. The rule addresses the National Park Service
(NPS) overlook of the basic closure process established by the
Alaska National Interest Lands Conservation Act (ANILCA)
program. The rule was proposed and forwarded without
consultation with the state. He stated that the National Park
Service advanced the rule without engaging with its own entities
such as the rural advisory committees and the subsistence
resource commissions. He added that the entities were created by
congress in ANILCA for the specific purpose of reviewing similar
proposals. He commented on the lack of hearings in affected
areas. He recognized that the NPS lacks closure authority in
Alaska as envisioned by ANILCA.
MR. STACEY summarized the big picture issue and stated that the
resolution's intent is to support the legislature. He stated
that the Board of Game has the legislature's constitutional
authority and is commanded to regulate within statutory
constructs. The Board of Game is tasked to value conservation
and manage wildlife for human use, including wildlife viewing.
He added that the Board of Game must prioritize subsistence use
and they are commanded to consider and promote customary and
traditional uses as prescribed by the legislature. He noted that
the resolution is in opposition to other ideas or options where
the state seeks additional authority in spheres allowed by
federal law. The resolution provides support for the status quo
against federal overreach.
4:52:39 PM
JIM LISTER, Outside Counsel, Alaska Professional Hunters
Association, Washington, DC, provided invited testimony in
support of SJR 8. He reported that the current rule in effect
for the NPS will be replaced with SJR 8. He stated that the
current rule was adopted by NPS in 2020 to restore state
management of hunting on Alaska National Preserves. The rule
cancels prior preemptions from 2015 and allows the state Board
of Game to determine the hunting rules including the rules
governing hunts for predator animals. He stated that in January
2023, NPS proposed a new rule that would eliminate the 2020
rule, preempting the state Board of Game allowable hunting
areas. The current rule survived litigation challenges, which is
why the resolution before the committee makes sense. He remarked
that following the action by NPS in 2020, Alaska Wildlands
Alliance sued to overturn the rule, which went to litigation in
September. He noted that the Alaska Professional Hunters
Association and its partner Sportsman's Alliance along with the
state attorney general's office and Safari Club defended the
rule. He added that NPS did not participate. He stated that the
2020 rule remains in place, which is what SJR 8 is attempting to
maintain.
4:55:50 PM
KAREN LINNELL, Executive Director, Ahtna Intertribal Resource
Commission, Glennallen, Alaska, provided invited testimony in
support of SJR 8. She stated her belief that the proposed rule
bypasses the Alaska National Interest Lands Conservation Act
(ANILCA). She expressed that ANILCA, Section 101(b) protects the
resources related to subsistence needs. She added that ANILCA's
mission is to protect and preserve historic and archeological
sites, to preserve wilderness value and related recreational
opportunities including but not limited to hiking, canoeing,
fishing, and sport hunting. She noted that the NPS definition of
sport hunters includes any person that does not live within a
resident zone.
5:07:20 PM
JOHN STURGEON, President, Safari Club International, Alaska
Chapter, Anchorage, Alaska, provided invited testimony in
support of SJR 8. He stated the Safari Club International's
(SCI) goal to preserve and improve the hunting heritage. He
expressed concern with the proposed 2023 NPS ruling. He agreed
with the Alaska Professional Hunters Association's analysis of
the 2015, 2020 and 2023 rule. He opined that the federal
government was illegally assuming authority in Alaska. He added
that wildlife know no boundaries and can migrate great distances
so managing wildlife with political restrictions is ineffective.
He spoke about the Alaska Department of Fish and Game that
manages wildlife in the state on a scientific and perpetual
basis. He supported the state authority for wildlife management
across all political boundaries. He asked the committee to
support Alaska's right to manage its wildlife without federal
government interference.
5:11:02 PM
CO-CHAIR GIESSEL held SJR 8 in committee.