Legislature(2005 - 2006)HOUSE FINANCE 519

03/30/2005 09:00 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 127 PFD:PEACE CORPS/DIPLOMAT/SANCTIONS
Moved CSHB 127(FIN) Out of Committee
HB 75 HUNTING
Heard & Held
                                                                                                                                
HOUSE BILL NO. 75                                                                                                             
                                                                                                                                
     "An Act relating to promoting and preserving sport                                                                         
     hunting in the state."                                                                                                     
                                                                                                                                
REPRESENTATIVE MIKE  KELLY, sponsor, explained that  HB 75 is                                                                   
intended to  clearly express the Legislature's  protection of                                                                   
hunting as  an integral part  of Alaska's cultural  heritage.                                                                   
This bill was brought to the sponsor  by a constituent and is                                                                   
modeled  after   legislation  considered  by   the  Michigan,                                                                   
Minnesota, and Montana.  Hunting,  fishing, and trapping have                                                                   
always been a  core component of our heritage  and livelihood                                                                   
in Alaska.   This bill creates  greater clarity  in directing                                                                   
the Commissioner  of Fish and Game  and the Board of  Game to                                                                   
adopt regulations  and enforce existing statutes  in a manner                                                                   
consistent with  protecting Alaskans'  rights to  utilize our                                                                   
fish and game resources.                                                                                                        
                                                                                                                                
Representative  Kelly  related that  there  was some  concern                                                                   
about  HB 75  negatively impacting  bear viewing.   He  noted                                                                   
that  he has  spoken with  Representative  Seaton about  this                                                                   
concern.    It  is  the  Attorney  General's  opinion  and  a                                                                   
legislative  legal opinion  that  HB 75  does  not limit  the                                                                   
Commissioner's  ability  to rule  on bear  viewing,  fishing,                                                                   
hunting, and trapping.  He pointed  out that the bill has the                                                                   
support of  the Outdoor Council  and the North  American Bear                                                                   
Foundation, and broad support from around the state.                                                                            
                                                                                                                                
Vice-Chair Stoltze  stated a  potential conflict  of interest                                                                   
because  he is  on  the board  of  directors  of the  Outdoor                                                                   
Council, which has endorsed this bill.                                                                                          
                                                                                                                                
9:51:49 AM                                                                                                                    
                                                                                                                                
KEN DAY, HOMER, (via teleconference)  stated opposition to HB
75.  He  opined that the  Commissioner and the Board  of Game                                                                   
should  promote  all  user  groups,  including  the  wildlife                                                                   
viewing  industry.   He  maintained that  the  Board of  Game                                                                   
ignored testimony  from wildlife viewers,  other conservation                                                                   
groups, elders,  and biologists,  and many other  testifiers.                                                                   
He cited  a National Park Service  study and an  Institute of                                                                   
Social  and Economic Research  (ISER)  study that showed  how                                                                   
important  wildlife viewing is  to the  state.  He  suggested                                                                   
that HB 75 should go before the voters of Alaska.                                                                               
                                                                                                                                
Representative Hawker MOVED to  ADOPT the proposed work draft                                                                   
for HB 75, version 24-LS0359\Y, Utermohle, 3/24/05.                                                                             
                                                                                                                                
Representative  Joule OBJECTED for  discussion purposes.   He                                                                   
requested an explanation of the changes in the new CS.                                                                          
                                                                                                                                
9:56:38 AM                                                                                                                    
                                                                                                                                
HEATH  HILYARD, STAFF,  REPRESENTATIVE  KELLY, explained  the                                                                   
differences in  version Y.   There is now legislative  intent                                                                   
stating the  ongoing commitment to constitutional  provisions                                                                   
for common  use and sustained  yield principles.   The intent                                                                   
is not to encroach  upon wildlife viewing groups.   Section 2                                                                   
has been revised  by placing the new language  in the "Powers                                                                   
and duties of the commissioner"  rather than in "Functions of                                                                   
the commissioner".   The language  "in conjunction  with" was                                                                   
removed to allow  for greater autonomy by the  boards and the                                                                   
commissioner.                                                                                                                   
                                                                                                                                
Representative Joule WITHDREW  his OBJECTION.  There being NO                                                                   
OBJECTION, version Y was adopted.                                                                                               
                                                                                                                                
9:59:26 AM                                                                                                                    
                                                                                                                                
CHRIS DAY,  HOMER, (via  teleconference) spoke in  opposition                                                                   
to HB  75. As  a commercial wildlife  business operator,  she                                                                   
stated concerns about the tightening  of constrictions by the                                                                   
Board of Game.   She suggested rewriting the  bill to include                                                                   
viewing operations.                                                                                                             
                                                                                                                                
JENNY    PURSELL,   ALASKA    WILDLIFE   ALLIANCE,    JUNEAU,                                                                   
acknowledged that the new changes  in the bill have mitigated                                                                   
some concerns.  One concern that  remains is the exclusion of                                                                   
the non-consumer group in the  bill.  She maintained that the                                                                   
bill  is  unnecessary   because  language  "common   use  and                                                                   
sustainable   yield"   are  already   noted   in  the   state                                                                   
constitution.   She asked  the committee  to consider  adding                                                                   
wildlife-viewing groups.                                                                                                        
                                                                                                                                
10:04:24 AM                                                                                                                   
                                                                                                                                
JOHN   TOPPENBERG,   DIRECTOR,  ALASKA   WILDLIFE   ALLIANCE,                                                                   
ANCHORAGE, (via teleconference)  raised concern that the bill                                                                   
is an attempt to bypass wildlife viewing groups, the non-                                                                       
consumptive viewers.  He spoke in opposition to HB 75.                                                                          
                                                                                                                                
JENNIFER  YUHAS,  ALASKA  OUTDOOR  COUNCIL,  FAIRBANKS,  (via                                                                   
teleconference)  expressed support  for HB  75.  She  related                                                                   
that  the  public  should  have  information  about  managing                                                                   
outdoor uses, and  the Department of Fish and  Game should be                                                                   
free  to disclose  that  information.   She  maintained  that                                                                   
previous testifiers are anti-hunting.                                                                                           
                                                                                                                                
HB 75 was heard and HELD in Committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                

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