Legislature(2023 - 2024)BARNES 124

03/20/2024 01:00 PM House RESOURCES

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Audio Topic
01:07:46 PM Start
01:09:42 PM Department of Environmental Conservation
01:27:09 PM HB295
01:40:40 PM HJR22
02:26:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Department of Environmental Conservation
Commissioner - Emma Pokon
+ HB 295 SALMON HATCHERY PERMITS TELECONFERENCED
Heard & Held
+= HJR 22 RESIDENT SUBSISTENCE USE OF FISH/GAME TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 388 COOK INLET RESERVE-BASED LENDING TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 20, 2024                                                                                         
                           1:07 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom McKay, Chair                                                                                                 
Representative George Rauscher, Vice Chair                                                                                      
Representative Thomas Baker                                                                                                     
Representative Kevin McCabe                                                                                                     
Representative Dan Saddler                                                                                                      
Representative Stanley Wright                                                                                                   
Representative Jennie Armstrong                                                                                                 
Representative Donna Mears                                                                                                      
Representative Maxine Dibert                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Department of Environmental Conservation                                                                                      
                                                                                                                                
     Emma Pokon - Utqiagvik                                                                                                     
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 295                                                                                                              
"An Act relating to salmon hatchery permits; and authorizing the                                                                
sale of salmon to permitted persons for stocking lakes."                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 22                                                                                                   
Proposing  an  amendment to  the  Constitution  of the  State  of                                                               
Alaska  relating  to  subsistence use  of  replenishable  natural                                                               
resources  by state  residents;  and providing  for an  effective                                                               
date for the amendment.                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 388                                                                                                              
"An Act relating  to state loans for oil and  gas projects in the                                                               
Cook  Inlet  sedimentary basin;  relating  to  the Alaska  Energy                                                               
Authority;  relating to  the  Alaska  Industrial Development  and                                                               
Export Authority; and providing for an effective date."                                                                         
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 295                                                                                                                  
SHORT TITLE: SALMON HATCHERY PERMITS                                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/24       (H)       READ THE FIRST TIME - REFERRALS                                                                        

01/26/24 (H) FSH 02/06/24 (H) FSH AT 10:00 AM GRUENBERG 120 02/06/24 (H) Scheduled but Not Heard 02/20/24 (H) FSH AT 10:00 AM GRUENBERG 120 02/20/24 (H) -- MEETING CANCELED -- 02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120 02/27/24 (H) Heard & Held 02/27/24 (H) MINUTE(FSH) 03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120 03/05/24 (H) <Bill Hearing Canceled> 03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120 03/07/24 (H) Moved CSHB 295(FSH) Out of Committee 03/07/24 (H) MINUTE(FSH) 03/11/24 (H) FSH RPT CS(FSH) NEW TITLE 4DP 3NR 03/11/24 (H) DP: CARPENTER, STUTES, MCCABE, VANCE 03/11/24 (H) NR: C.JOHNSON, HIMSCHOOT, MCCORMICK 03/13/24 (H) RES REFERRAL ADDED AFTER FSH 03/18/24 (H) RES AT 1:00 PM BARNES 124 03/18/24 (H) -- MEETING CANCELED -- 03/20/24 (H) RES AT 1:00 PM BARNES 124 BILL: HJR 22 SHORT TITLE: RESIDENT SUBSISTENCE USE OF FISH/GAME SPONSOR(s): BAKER 02/20/24 (H) READ THE FIRST TIME - REFERRALS 02/20/24 (H) RES, JUD 03/13/24 (H) RES AT 1:00 PM BARNES 124 03/13/24 (H) Heard & Held 03/13/24 (H) MINUTE(RES) 03/20/24 (H) RES AT 1:00 PM BARNES 124 WITNESS REGISTER EMMA POKON, Acting Commissioner Appointee Department of Environmental Conservation Utqiagvik, Alaska POSITION STATEMENT: Testified as appointee for commissioner of the Department of Environmental Conservation. DOUG VINCENT-LANG Commissioner, Department of Fish & Game Anchorage, Alaska POSITION STATEMENT: Presented CSHB 295(FSH) on behalf of the bill sponsor, House Rules, by request of the governor. JOE FELKL, Legislative Liaison Office of the Commissioner Alaska Department of Fish & Game Juneau, Alaska POSITION STATEMENT: On behalf of the bill sponsor, House Rules by request of the governor, gave a sectional analysis of CSHB 295(FSH) and a summary of changes from the original bill version to CSHB 295(FSH). FLIP PRYOR, Section Chief Division of Commercial Fisheries, Alaska Department of Fish & Game Juneau, Alaska POSITION STATEMENT: On behalf of the bill sponsor, House Rules by the governor, explained how fish stock permits are granted. JULIE KITKA, President Alaska Federation of Natives Anchorage, Alaska POSITION STATEMENT: Gave testimony on HJR 22. ROSITA WORL, PhD, President Sealaska Heritage Institute Juneau, Alaska POSITION STATEMENT: Testified on HJR 22. GAYLA HOSETH, Director Natural Resources Program Bristol Bay Native Corporation Dillingham, Alaska POSITION STATEMENT: Testified on HJR 22. DOUG VINCENT-LANG, Commissioner Alaska Department of Fish & Game Anchorage, Alaska POSITION STATEMENT: Testified during the hearing on HJR 22. REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature Dillingham, Alaska POSITION STATEMENT: Gave advice on HJR 22. ACTION NARRATIVE 1:07:46 PM CHAIR MCKAY called the House Resources Standing Committee meeting to order at 1:07 p.m. Representatives McKay, Rauscher, Baker, McCabe, Saddler, Wright, Armstrong, Mears, and Dibert were present at the call to order. Representatives * arrived as the meeting was in progress. ^CONFIRMATION HEARING(S): CONFIRMATION HEARING(S): ^Department of Environmental Conservation Department of Environmental Conservation 1:09:42 PM CHAIR MCKAY announced that the first order of business would be a confirmation hearing on the governor's appointee for commissioner of the Department of Environmental Conservation. 1:10:32 PM EMMA POKON, Acting Commissioner Appointee, Department of Environmental Conservation. She broke down the duties of the Department of Environmental Conservation (DEC), explaining how it benefits Alaska. She explained her reasoning as to why she would be a good commissioner through her history in Alaska, her ecological and conservation background, her academic history, and her history working in environmental law. She explained how her initial time in Alaska working for the Department of Law introduced her to the challenges of environmental law specific to Alaska. 1:15:25 PM REPRESENTATIVE SADDLER asked what would characterize Acting Commissioner Pokon's term as commissioner of the DEC. ACTING COMMISIONER POKON said that she hopes that her term is defined by the work DEC does. She said she hopes to increase public confidence in what DEC's role is as a state department. 1:16:37 PM REPRESENTATIVE MEARS commented that she appreciates seeing someone so well rounded for this position in Alaska. 1:17:18 PM REPRESENTATIVE SADDLER asked what the greatest need of Alaska's environment is. ACTING COMMISSIONER POKON answered that air and water pollution are a big issue in areas such as North Pole. 1:18:21 PM REPRESENTATIVE MCCABE asked Acting Commissioner Pokon what her thoughts are on safe village sewer systems. ACTING COMMISSIONER POKON replied that there are several communities that do not yet have a piped water service, and that it is important to establish that over time. She said over the last year, DEC has made changes to the eligibility and criteria to those looking to develop those services. She said that affordability and sustainability are the most important issues on this subject, and that DEC should utilize opportunities like federal funds to develop these projects. REPRESENTATIVE MCCABE asked how Acting Commissioner Pokon would tackle the problem of villages on the road system not having water. ACTING COMMISSIONER POKON answered that is something DEC would be interested in working with the communities on, and that DEC needs to ensure that there is safe drinking water available for all communities in Alaska. REPRESENTATIVE MCCABE pondered whether the state could provide a more stable source of drinking water for people on the road system. 1:24:35 PM The committee took an at-ease from 1:24 p.m. to 1:26 p.m. HB 295-SALMON HATCHERY PERMITS 1:27:09 PM CHAIR MCKAY announced that the next order of business would be HOUSE BILL NO. 295 "An Act relating to salmon hatchery permits; and authorizing the sale of salmon to permitted persons for stocking lakes." [Before the committee was CSHB 295(FSH).] 1:28:17 PM DOUG VINCENT-LANG, Commissioner, Department of Fish & Game, presented CSHB 295(FSH) on behalf of the bill sponsor, House Rules by request of the governor. He said that state hatcheries are paid for by sport angler dollars, and that they typically use a stocking plan to determine which lakes to stock. He said that this bill would allow private, nonprofit hatchery owners the option to sell fish. He said to reduce the potential to impact the wild fish populations, the Alaska Department of Fish & Game (ADF&G) would use sterile stocked fish. He said that it is important to note that this bill allows for the sale of fish, and that it is not a mandate for private nonprofit hatchery owners to sell their fish. He mentioned that during the Coronavirus crisis, Alaskans used stock fish lakes as places to get their food. 1:31:55 PM JOE FELKL, Legislative Liaison, Office of the Commissioner, Alaska Department of Fish & Game, on behalf of the bill sponsor, House Rules by request of the governor, gave a sectional analysis of CSHB 295(FSH) and a summary of changes from the original bill version to [CSHB 295(FSH)]. Mr. Felkl began with the sectional analysis for CSHB 295(FSH) [included in the committee packet], which read as follows [original punctuation provided]: Section 1: adds a new subsection to the statute for salmon hatchery permit conditions clarifying that nothing in a permit prohibits the sale of salmon for the purposes of stocking lakes in the state to a private person or entity that receives a Fish Transport Permit under AS 16.05.251. Section 2: amends AS 16.10.440(b) to insert the word "wild." MR. FELKL continued to the summary of changes [included in the committee packet], which read as follows [original punctuation provided]: Section 1: corrects a drafting error replacing an incorrect citation (AS 16.05.671) with the correct statutory authority for Fish Transport Permits (AS 16.05.251). This section has also been redrafted for clarity, specifying sale of hatchery-produced salmon. This change is stylistic and does not change the meaning of the language. Section 2: new section that amends AS 16.10.440(b) to insert the word "wild." Inserting the word "wild" clarifies the Commissioner of Fish and Game's authority is permitting the hatchery operation, and the Board of Fisheries' (Board) authority is allocation of the common property resource. Adding the word "wild" also conforms salmon hatchery permit statutes with the more recently enabled shellfish enhancement statutes (see AS 16.12.050(b)), which already include the word "wild" regarding the Board's authority to amend a permit. 1:33:37 PM REPRESENTATIVE MEARS asked Commissioner Vincent-Lang to elaborate on the permit process. MR. VINCENT-LANG said that there are a variety of processes in place already, that ADF&G looks at many things, including river flows, location, and water drainage, when deciding which lakes to stock. 1:34:55 PM FLIP PRYOR, Section Chief, Division of Commercial Fisheries, Alaska Department of Fish & Game, on behalf of the bill sponsor, House Rules by request of the governor, explained specifics regarding the permitting process, such as pathology, genetic, and biology reviews. MR. FELKL added that there are things in the bill packet that talk about relevant regulations for fish transport permits. 1:36:00 PM REPRESENTATIVE SADDLER asked what the goal of this bill is. MR. PRYOR answered that currently, private nonprofit hatcheries can only sell eggs to other private nonprofit hatcheries, and that this bill allows them to sell eggs to the public. 1:37:29 PM MR. VINCENT-LANG added that in essence, what is occurring is a demand that is not being met. He said that as part of the permitting process, there is a report that must be submitted on how successful a program might be. He said there is an evaluation program coming forward, and that CSHB 295 (FSH) utilizes existing structure to move this issue. [HB 295 was held over.] 1:39:04 PM The committee took an at-ease from 1:39 p.m. to 1:41 p.m. HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME 1:40:40 PM CHAIR MCKAY announced that the next order of business would be HOUSE JOINT RESOLUTION NO. 22, Proposing an amendment to the Constitution of the State of Alaska relating to subsistence use of replenishable natural resources by state residents; and providing for an effective date for the amendment. 1:41:14 PM REPRESENATIVE BAKER introduced Ms. Kitka and Dr. Rosita Worl. 1:42:06 PM JULIE KITKA, President, Alaska Federation of Natives, explained the history of the constitutional amendment to subsistence rights. She said that this issue has been in front of the legislature since 1990. She continued on the history of constitutional amendments in the Alaska Legislature. She said that the Alaska Federation of Natives (AFN) has been working at this issue and gave up after determining that the legislature had no interest in working on this issue. She recommended that the legislature take its time in introducing a constitutional amendment. She explained common themes in policy debate on this issue, and advised the committee to keep in mind that subsistence is an Alaska Native issue, that it was offensive that the amendment did not include language acknowledging them. She said the current system of dual management is a direct result of the failure of the state to engage with local Native groups and communities. She said her second recommendation is to get rid of the non-subsistence use areas. 1:51:48 PM MS. KITKA continued with her third recommendation, telling the committee members to scope out the best system to manage subsistence rights, considering all things that may affect them. She added that the legislature should consider court cases that affect subsistence rights. She said the other area that she thinks the state should look at is the Alaska National Interest Lands Conservation Act (ANILCA) amendments. She emphasized that subsistence is not just a choice, but a way of life, and culture. She urged the legislature to explore the history of relations between the federal government and Native Americans before moving forward on any legislation. She said to approach this legislation with concrete goals, to be experts on the issue. 1:57:20 PM REPRESENTATIVE MCKAY added that he remembers the debate in 1990, that it was a sad time in Alaska's history. 1:57:51 PM ROSITA WORL, PhD, President, Sealaska Heritage Institute, read from prepared remarks[included in the committee packet, which read as follows [original punctuation provided]: Mr. Chair and Honorable Members of the Alaska State Legislature House Resources Committee: For the record, I am Rosita Kaahni Worl, and I am a member of the Alaska Federation of Natives Subsistence Committee. Thank you for allowing us to comment on HJR 22, which embodies an issue of great significance to Alaskans and, notably, to the Alaska Native Community. Thank you for also bringing this issue, which has divided the state for decades, to an open forum. Hopefully, through rational, honest, and sincere dialogue with all stakeholders at the table, we may be able to formulate a unified position. If I may, I would like to introduce myself in accordance with our cultural protocols. My introduction will also reveal the spiritual interrelationships that we maintain with our animals, birds, and fish. It will also demonstrate the cultural dimensions of subsistence that are rarely known or understood outside of the subsistence community. Yeidiklas'akw ka Kaaháni yóo xát duwasáak Cháak' naa áyá x Shungukeidí naax xt sitee Kaawdliyaay Hit dáx x Jilkaat kwyá x Lukaax.ádi yadi áyá x My Tlingit name is Yeidiklas'skw. It is an ancient name whose meaning has been lost in antiquity. My ceremonial name is Kaaháni, which refers to the stature or status of an individual. In the ceremony in which I received this name, our clan leader said that my stature was "Woman Who Stands in the Place of a Man." I Am an Eagle of The Thunderbird Clan and the House Lowered from the Sun from Klukwan in the Chilkat region. I am also a Child of the sockeye Clan. My identity is also intertwined with our clan crests- the Eagle, Thunderbird, and Sun. We, of our clan, are spiritually strengthened by the Eagle, Thunderbird, Sun, and Sockeye, but also by our clan spirits, the White Bear, Shark, and Killer Whale. In addition, Our clan is entitled to wear the US Naval uniform and to use the name Schwatga as payment for the failure of Lt Schwatga, of the US Navy, to pay a debt to my great, great clan grandfather during the Klondike Gold Rush era. In attempting to address and resolve the subsistence issue or, more specifically, the dual management regime between the federal and state governments and in proposing the developing solutions including a constitutional amendment that provides for the protection of subsistence, it will be necessary to understand the multiple elements affecting subsistence. Many changes have occurred in the thirty-four years since the federal government took over subsistence management authority on federal lands. We-Natives- for one, gave up trying to amend the state constitution. We have citizens who grew up living with dual management and have grown accustomed to this system. We have tribal members who now favor working with and through the federal subsistence board. We also have a growing insistence that Indigenous knowledge, science, and language be incorporated into resource management regimes and decisions. These changes will have to be considered as we assess proposed constitutional amendments and a possible unified management regime. It will also be necessary to understand the legal and political history that gave rise to the situation in which we find ourselves today. This context is complex and subject to differing interpretations and orientations, making our task more difficult. Native People both revere and utilize the land and its resources. Thus, it will be imperative to have a clear understanding of cultural significance of subsistence. This dimension has given Native people the stamina to fight for our basic cultural survival, identity, and subsistence rights, which are all intertwined with our physical and spiritual relationship to the land, resources, and subsistence. Native people will insist that these cultural values and practices are considered and integrated into subsistence management regimes. Knowledge about the dual economies that characterize rural communities, integrating both subsistence and cash economies, is another important consideration. Native people must also be engaged in discussions and have a place at the table in addressing a unified management regime. Thank you for the opportunity to present our preliminary assessment of the elements that we believe are necessary to consider in developing a constitutional amendment that can bring a state-level unified management regime that includes subsistence protection. Gunalchéesh 2:04:29 PM GAYLA HOSETH, Director, Natural Resources Program, Bristol Bay Native Corporation, mentioned that the theme of the 2023 AFN convention was "our way of life." Subsistence life has sustained Native Peoples of Alaska for thousands of years; it is a way of life. She said it is important to understand the cultural implications of Subsistence rights. She said a good consideration for the legislators would be to travel to each community and village to see and learn about subsistence rights. She said it is also important for Alaskans to understand and learn and be involved in the process of creating legislation. 2:08:32 PM REPRESENTATIVE MCKAY asked for the dates of the AFN convention. MS. KITKA said that it is the third week of October, and that there was no consideration of a constitutional amendment. 2:09:22 PM REPRESENATIVE BAKER, as prime sponsor of HJR22, added that he was fortunate enough to be allowed to speak at the AFN convention. He said that though this legislation was introduced late, he appreciates the folks from AFN for giving their testimony on HJR22. 2:10:30 PM DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish & Game, added to the previous testimony, explaining that the dual management system is not working, and that subsistence is priority under state statute. He gave examples of the federal closure of lands using Southeast Alaska and the Mulchatna Caribou Herd. He cited Berners's Bay and the introduced moose population, and how the federal government's oversight is affecting its management. He mentioned the Yukon River and the Nelchina Caribou Hunt, and how both are affected by the Federal Subsistence Board Management's decisions. He said dual management is impacting subsistence negatively, and that HJR22 is the first step of many in the right direction. 2:17:15 PM REPRESENTATIVE MCKAY asked Representative Edgemon to come up and give some advice. 2:17:48 PM REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, emphasized the importance of understanding the issue and explained his memories of subsistence issues in Alaska politics. He thanked committee members for their comments. 2:19:59 PM REPRESENTATIVE MEARS commented that this is an issue that needs to be discussed and decided beyond the walls of this committee room. 2:20:34 PM REPRESENTATIVE DIBERT thanked the invited testifiers, and asked if any of them feel that federal protections defined in ANILCA are currently sufficient for subsistence rights. 2:21:35 PM MS. KITKA answered that Native Alaskans have an inherent right to their lands and food, and there are many political rights defined in federal law. She said that Natives want to run their lives themselves and not to have to look to the federal government for guidance and management. She said to trust the Native community to manage itself. She said times and circumstances change. 2:23:51 PM REPRESENTATIVE DIBERT said that things have changed on the Yukon River and quoted her mother saying "at least we have the memory of the taste of [salmon]" 2:24:29 PM DR. WORL said that there have been good changes in the State, such as the recognition for Native Alaskans. She said that more needs to be done. [HJR 22 was held over.] 2:26:29 PM ADJOURNMENT There being no further business before the committee, the House Resources Standing Committee meeting was adjourned at 2:26 p.m.

Document Name Date/Time Subjects
HB295 Transmittal Letter.pdf HRES 3/20/2024 1:00:00 PM
HB 295
HB295 Version B.pdf HRES 3/20/2024 1:00:00 PM
HB 295
HB295 Sectional Analysis Version B.pdf HRES 3/20/2024 1:00:00 PM
HB 295
HB295 Summary of Changes Version A to B.pdf HRES 3/20/2024 1:00:00 PM
HB 295
HB295 Supporting Document Statutes and Regulations.pdf HRES 3/20/2024 1:00:00 PM
HB 295
HB295 Supporting Document ADFG Lake Stocking Policy.pdf HRES 3/20/2024 1:00:00 PM
HB 295
Pokon Resume 2023_Redacted.pdf HRES 3/20/2024 1:00:00 PM
HJR22 Response to (H)RES Member Questions.pdf HRES 3/20/2024 1:00:00 PM
HJR 22