Legislature(1997 - 1998)
04/07/1998 01:50 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 250(FIN) AM - MANAGEMENT OF GAME CO-CHAIRMAN OGAN announced the next order of business was CSSB 250(FIN) AM, "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game." CO-CHAIRMAN OGAN called on Marilyn Wilson, staff to Senator Bert Sharp, sponsor of the bill. Number 313 MARILYN WILSON, Legislative Assistant to Senator Bert Sharp, Alaska State Legislature, read the following sponsor statement: "In 1994, the Eighteenth Alaska State Legislature passed SB 77, legislation implementing intensive game management. Since that time, the Department of Fish and Game and the Board of Game have had difficulty interpreting and implementing this legislation. "Senate Bill 250 narrows down and defines legislative findings that provide the high levels of harvest for human consumption consistent with the sustained yield principle. It further states big game prey populations should be managed biologically. This is accomplished by amending AS 16.05.255(g) and adding a new definition for sustained yield. "The Board of Game is further instructed to establish harvest goals and seasons for managing big game prey populations to achieve a high level of human harvest. And the commissioner, by delegation of the board, shall cooperate and assist by implementing regulations, management plans and other programs to accomplish these goals. "To further assist the board and the department, the bill contains definitions for harvestable surplus and high levels of human harvest. These are terms that are in existing law and it has become evident they beg for clear definition. "Thank you." REPRESENTATIVE JOULE referred to the submitted amendment and asked Ms. Wilson what money would be involved. MS. WILSON replied she is not sure. Number 362 GERALD BROOKMAN testified via teleconference in Kenai. He is disturbed by the direction of the substitute of federal game management by dictating specific narrow objective and human consumption to the exclusion of others. The bill would restrict or eliminate the ability of the Department of Fish and Game and the Board of Game to manage game scientifically and respond to public input. REPRESENTATIVE BARNES stated, under the constitution and general powers of Title VIII, the legislature has the power to manage Alaska's fish and game. It delegates some of its authority to the Boards of Fisheries and Game. There is absolutely nothing that precludes the legislative branch from managing the resources according to the constitution. The legislature will from time to time change the power that it has given to the boards. "I just get awful tired of hearing people say that because we happen to introduce a bill that has specific to do with our general power, that we're somehow medaling in powers that we delegate to begin with." Number 398 MR. BROOKMAN stated he did not use the word "medaling." He should have used the word "micro-manage." He recognizes that the legislature has broad powers in this area. However, it is exercising those powers too specifically in this case and in others. SENATOR BERT SHARP, Alaska State Legislature, Sponsor of the bill, explained the purposes of Section 2 is primarily to establish a harvest yield for specific purposes. If it is decided to be used for a purpose other than what was appropriated, it would have to go through the reimbursable services agreement (RSA) process. Fish and game funds are specifically restricted for their use, and sometimes they are stretched beyond recognition. The legislature would not be able to get the money back, but anything beyond what it was appropriated for would be trackable. SENATOR SHARP explained Sections 3 and 4 establish the definitions of the terms "harvestable surplus" and "high level of human harvest." The Board of Game, at its last two meetings, has attempted to define these areas and has not been able to arrive at any decision. When the Intensive Game Management Act was passed, the board asked to remove the definitions to allow flexibility. It has been four years since the Act passed, and it has not gotten to the definition stage let alone intensive management. The definitions in the bill are easy to understand and give the board a tool to work with when making an allocation decision. They follow along with the present statute that requires the board to implement intensive management on identified populations. REPRESENTATIVE JOULE referred to Section 2, and asked Senator Sharp whether the money is intended to go to specific divisions or certain places within the department. SENATOR SHARP replied Section 2 speaks to fish and game funds that go into a constitutionally restricted account and can only be used for the benefit of those that pay into the account. The money comes from licences, permits, and other fees. REPRESENTATIVE BARNES asked Senator Sharp to identify the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux funds for Representative Joule. SENATOR SHARP replied the funds that he just talked about are state funds. The Pittman-Robertson funds are federal funds that are also restricted similarly as the state funds. Federal funds come from excise taxes on guns and ammunition that are allocated to the various states based on a formula. The Wallop-Breaux funds are federal funds that go back to the states from fishing oriented gear. The Wallop-Breaux funds have to be used for sport fishing only, such as building boat launches. Section 2 intends to ensure that the state complies with the federal requirements for the restoration of wildlife and fish. It increases the accountability. It doesn't remove any fiscal authority of the commissioner or interfere with any legislative oversight. It requires that the expenditures of those funds are clearly exposed and subsequent products and services are documented as expenditures. REPRESENTATIVE JOULE asked Senator Sharp whether the federal funds would go through the Department Wildlife Conservation and Division of Sport Fish. SENATOR SHARP replied the Pittman-Robertson funds go to the Division of Wildlife Conservation. The Wallop-Breaux funds go to the Division of Sport Fish. Both divisions are 100 percent funded with restricted fish and game funds, either federal or state. REPRESENTATIVE JOULE stated he buys a hunting license and a lot of ammunition every year like many people throughout Alaska, including subsistence users. He asked Senator Sharp whether the bill would prohibit any money from going to the Division of Subsistence. SENATOR SHARP replied no, as long as it doesn't conflict with the federal requirements. In fact, over the years it has been acceptable practice for the Division of Wildlife Conservation to contract work with the Division of Subsistence. Fish and game funds are spread out to other divisions based on their expertise. The Division of Sport Fish is putting in a $1.2 million boat launch and campground on Lake Aleknagik in conjunction with others. CO-CHAIRMAN OGAN announced that Representative Nicholia has been at the meeting for a long time. REPRESENTATIVE IRENE NICHOLIA asked Senator Sharp whether the money could be spent on subsistence harvest data. SENATOR SHARP replied yes through contracts between the Division of Subsistence and Division of Wildlife Conservation. REPRESENTATIVE NICHOLIA asked Senator Sharp whether money in the base budget would be available for subsistence harvest data. SENATOR SHARP replied it has been available in the past. It doesn't restrict the two divisions from working together. The bill says the Division of Wildlife Conservation is charged with administering fish and game funds, but it can contract out through an agreement with anybody. REPRESENTATIVE BARNES asked Senator Sharp whether the Pittman - Robertson, Dingell - Johnson/Wallop - Breaux funds are primarily from people who come to the state to hunt and fish. SENATOR SHARP replied, "Correct." The big bubble increase ($3 million) for the Division of Sport Fish is due to a law changed about a year ago raising the nonresident license fees for sports fishing. Most of the money will be used for river drainage surveys in conjunction with commercial and subsistence fisheries to accumulate data for stocks. It will be acting jointly with other divisions to get the program going. REPRESENTATIVE BARNES asked Senator Sharp whether there is an exclusive use of the funds. She remembers a problem over funding for a commercial fish hatchery project. SENATOR SHARP replied he doesn't recall the problem Representative Barnes referred to. The Division of Sport Fish runs large hatcheries for salmon and other fish on Elmendorf Air Force Base, Fort Richardson Army Base, and in other parts of the state. But, any new project that the division takes up has to be approved by the federal coordinators in Anchorage before expending any funds. CO-CHAIRMAN OGAN announced the bill will be held over.
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