Legislature(1999 - 2000)
03/23/2000 01:08 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 205 - SNOWMACHINES CROSSING DALTON HIGHWAY CHAIRMAN HALCRO announced the first order of business as House Bill 205, "An Act relating to the use of snow machines to transport hunters and game across the Dalton Highway corridor." There is a proposed committee substitute. CHAIRMAN HALCRO entertained a motion to adopt the proposed committee substitute. Number 0074 REPRESENTATIVE BILL HUDSON made a motion to adopt the proposed committee substitute for HB 205, version 1-LS054\G, Utermohle, 5/4/99. There being no objection, Version G was before the committee. REPRESENTATIVE REGGIE JOULE, Alaska State Legislature, came before the committee to testify as sponsor of the bill. He noted that the proposed committee substitute changes the language on page 1, line 13, from "... the use of a snow machine to transport a hunter or game across ..." to "... the use of a snow machine to travel across ..." The language was changed in recognition of the travel that occurs between communities in the affected area. Number 0132 REPRESENTATIVE JOULE continued. He explained that a few years ago the Board of Game established a food hunt for muskox in the central Arctic region. The board recognized that individuals from Nuiqsut would have to cross the Dalton Highway corridor on their snow machine in order to access the hunting grounds. They attempted to provide for this access but were advised by the Department of Law that a change in statute was needed. He noted that on each side of the Dalton Highway there is a 5-mile corridor that restricts any ground transportation, except what is necessary for the highway. He pointed out that the individuals from Nuiqsut and Kaktovik would not be hunting within the corridor but crossing it. Number 0258 REPRESENTATIVE JOHN COWDERY asked Representative Joule whether the residents in that area would be allowed to hunt in the corridor. REPRESENTATIVE JOULE replied, "No." REPRESENTATIVE COWDERY asked Representative Joule, What is the principal animal that they are going to hunt? REPRESENTATIVE JOULE replied the principal animals are caribou and muskox. He reiterated that this issue was started as the result of the establishment of a muskox hunt by the Board of Game. Number 0312 REPRESENTATIVE COWDERY asked Representative Joule whether access to the corridor is open to everybody. REPRESENTATIVE JOULE replied access to the corridor is for those who need to travel across the corridor. In other words, individuals could not bring their snow machines to the Dalton Highway and originate their travel from within the corridor. It's simply for those traveling across the corridor. Number 0360 REPRESENTATIVE COWDERY asked Representative Joule whether he's saying that access to the corridor would be limited to local residents. REPRESENTATIVE JOULE replied, "Yes." REPRESENTATIVE COWDERY asked Representative Joule whether muskox require the use of a hunting license. In other words: Can everybody hunt muskox? REPRESENTATIVE JOULE deferred the question to a representative of the Department of Fish & Game. Number 0419 GERON BRUCE, Legislative Liaison, Office of the Commissioner, Department of Fish & Game, came before the committee to testify. The department is in support of the proposed committee substitute. The law needs to be changed in order to allow individuals to gain access to the muskox hunt. It also reflects the changing distribution of caribou and moose for harvesting. He noted that the Board of Game passed a regulation to allow for access, with the department's support, but it was then determined by the Department of Law that the legislature needed to make the change in statute. Number 0498 REPRESENTATIVE COWDERY asked Mr. Bruce whether anybody who lives in the villages would have access to the corridor and game. MR. BRUCE replied nobody can originate travel from within the corridor, but anybody can originate travel from outside the corridor and cross it. This is not a legal limitation but a practical limitation. He said, While it is most feasible for folks that live in that area to avail themselves of this provision, there's no legal restriction, I don't believe, why other folks couldn't do it, if they were in a position to take advantage of it. Number 0576 REPRESENTATIVE COWDERY asked Mr. Bruce whether he could cross the corridor if he flew to one of the villages and rented a snow machine. MR. BRUCE replied, "Yes." REPRESENTATIVE COWDERY asked Mr. Bruce whether he would have to have a permit to take a caribou. MR. BRUCE replied, "No." A hunt for caribou is based on seasons and bag limits. REPRESENTATIVE COWDERY asked Mr. Bruce, What about the taking of muskox? MR. BRUCE replied a hunt for muskox is based on a permitting process. Number 0650 REPRESENTATIVE COWDERY asked Mr. Bruce whether that permitting process is open to all. MR. BRUCE deferred the question to Mr. Doug Larsen of the Department of Fish & Game. Number 0669 DOUG LARSEN, Assistant Director, Division of Wildlife Conservation, Department of Fish & Game, came before the committee to answer Representative Cowdery's question. He noted that a hunt for muskox is by permit. The take is limited to a harvest of four or five, and locals have a priority. Number 0693 REPRESENTATIVE COWDERY commented that he can remember when buffalo was hunted by permit in certain areas, but the permitting process was open to all. Number 0725 CHAIRMAN HALCRO asked Mr. Bruce whether he feels that the title is tight enough so that it doesn't allow for travel to originate from within the corridor. MR. BRUCE replied he hopes so. The title appears to be pretty specific, but it really is a question for the bill drafter. CHAIRMAN HALCRO asked Mr. Bruce whether an attempt to originate travel from within the corridor would change the whole complexion of the bill. MR. BRUCE replied, "Yes." It would greatly change the character of hunting in the area. It would probably result in a Tier II hunt, which nobody likes. Number 0835 REPRESENTATIVE COWDERY asked Mr. Bruce whether the effect of allowing a certain group of people to hunt muskox violates the constitution, for muskox are a resource and the constitution says resources are to be shared by all. MR. BRUCE replied this legislation deals strictly with allowing snow machines to travel across the corridor. But if more people availed themselves of the opportunity to hunt in that area, the department would have to place restrictions, which would affect everybody equally. A Tier II restriction, he noted, would be based on the availability of alternative resources and a history of the harvest of the resources. There would not be a place-of-residence factor. Number 0925 REPRESENTATIVE COWDERY stated there is a restriction because of the permitting process. MR. BRUCE pointed out that the permitting process is outside the provenance of the legislation. He's not sure how the permitting process works; he would provide information to him later. REPRESENTATIVE COWDERY noted that he would also like to see information on the constitutionality of the permitting process, since the resource is not available to all. Number 0968 CHAIRMAN HALCRO asked Mr. Bruce whether it's correct to say that this legislation simply has to do with a person getting from Point A to Point B, and that it doesn't matter whether the person is traveling for gas or to hunt. MR. BRUCE replied, "That is correct." CHAIRMAN HALCRO closed the meeting to public testimony. Number 1009 REPRESENTATIVE BEVERLY MASEK made a motion to move CSHB 205, version 1-LS054\G, Utermohle, 5/4/99, out of committee with individual recommendations and attached fiscal note; she asked unanimous consent. There being no objection, CSHB 205(TRA) so moved from the House Transportation Standing Committee.
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