Legislature(1997 - 1998)
04/17/1997 01:10 PM House RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 19 am - REPEAL FED ENFORCEMENT DUTIES/F&G COMSNR CO-CHAIRMAN OGAN announced the first order of business was Senate Bill No. 19 am, "An Act relating to enforcement of federal laws relating to fish and game; and repealing the power and duty of the commissioner of fish and game to assist in the enforcement of federal laws relating to fish and game." Number 0059 JOSEPHINE HARDY, Legislative Secretary to Senator Bert Sharp, came forward on behalf of the sponsor. CO-CHAIRMAN OGAN asked whether Ms. Hardy was aware of the proposed committee substitute. Number 0116 MS. HARDY explained that the committee substitute is the original version of the bill. It no longer adds new section AS 16.05.145 but simply repeals AS 16.05.050(1). She said in light of aggressive federal actions to assume management of fish and game over large areas of Alaska, in violation of the statehood compact, the sponsor believes repealing AS 16.05.050(1) is prudent and in the best interests of Alaskans. She advised that Senator Sharp fully supports the committee substitute and believes it should satisfy concerns of the Department of Public Safety. Number 0252 REPRESENTATIVE JOE GREEN asked whether there are contractual, or at least understood, obligations for the state and federal governments to mutually enforce regulations. MS. HARDY responded that taking away the mandate will not do any harm as far as working together in federal areas, and that it would be beneficial to enforcing state regulation or laws. She said eliminating this mandate does not mean there will be no assistance to the federal government in enforcing their laws. This only pertains to when state and federal laws are in conflict. Number 0347 CO-CHAIRMAN BILL HUDSON discussed AS 16.05.050, which states in part: "The commissioner has, but not by way of limitation, the following powers and duties: (1) to assist the United States Fish and Wildlife Service in the enforcement of federal laws and regulations pertaining to fish and game." He noted that the only thing the bill would now do is eliminate subsection (1). He asked whether it is the sponsor's view that by removing the powers and duties under subsection (1), the commissioner of the Department of Fish and Game would be able to cooperate or work with the U.S. Fish and Wildlife Service in other matters. Number 0426 MS. HARDY replied that the bill repeals a mandated duty, not a power. She said it simply gives discretion to the commissioner in allowing the department to enter into agreements and enforcement protocols they wish to enter into. By repealing the mandate, it removes the "hammer" if the department does not feel comfortable or appropriate in going out and assisting. Number 0481 CO-CHAIRMAN OGAN advised that Colonel Glass was now on teleconference and asked him to address the proposed committee substitute. JOHN GLASS, Colonel, Director, Division of Fish and Wildlife Protection, Department of Public Safety, testified via teleconference. He said the proposed committee substitute removes concerns he voiced at the earlier hearing. Repeal of AS 16.05.050(1) will have no effect on his division, which obtains enforcement authority under Title 18, not Title 16. Therefore, his division will be able to continue the cooperative efforts they currently enjoy with federal agencies. Number 0591 REPRESENTATIVE GREEN asked whether enforcement is done by the Department of Public Safety rather than by the Department of Fish and Game (ADF&G). COLONEL GLASS replied for the most part, yes. His division is the enforcement arm for fish and game regulations. Although some people within the ADF&G do enforcement, it is extremely limited in scope. Number 0624 REPRESENTATIVE GREEN suggested by enacting this, nothing is really being accomplished. It removes a duty, but the duty is being done by the Department of Public Safety rather than the ADF&G. COLONEL GLASS agreed for the most part. However, he could not speak for the ADF&G as to the exact numbers. REPRESENTATIVE GREEN said that would certainly relieve one of his big concerns. The way the bill was written previously was unacceptable. He had been concerned that if the state openly does not do enforcement as agreed, the federal government could do likewise. Number 0773 REPRESENTATIVE BEVERLY MASEK made a motion to adopt the committee substitute, version 0-LS0173\E, Utermohle, 4/15/97, and to move it from committee with individual recommendations and attached zero fiscal note. CO-CHAIRMAN OGAN asked if there was any objection. There being none, the committee substitute, 0-LS0173\E, was adopted and moved as HCS SB 19(RES) from the House Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|