Legislature(2009 - 2010)CAPITOL 17
03/11/2010 01:00 PM House TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB354 | |
| HB366 | |
| HB267 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 354 | TELECONFERENCED | |
| *+ | HB 366 | TELECONFERENCED | |
| *+ | HB 267 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 267-SNOW MACHINE USE IN DALTON HWY CORRIDOR
2:26:35 PM
CHAIR P. WILSON announced that the final order of business would
be HOUSE BILL NO. 267, "An Act relating to travel by snow
machine within five miles of the right-of-way of the James
Dalton Highway."
2:26:38 PM
REPRESENTATIVE MIKE KELLY, Alaska State Legislature, explained
that HB 267 is the Dalton Highway Access Bill. He paraphrased
from his sponsor statement, which read [original punctuation
provided]:
Since 1980, state law has prohibited virtually all
off-road vehicle use within five miles of the Dalton
Highway north of the Yukon River. Miners and oil
workers are allowed to cross the corridor for business
use and local resident snowmachine use is permitted.
HB 267, as introduced, ended the prohibition on
Alaskan's right to travel by snowmachine on this
public land corridor during the winter months.
Many Alaskans believe that travel by snowmachine in
the Dalton Corridor is prevented by federal law.
Wrong. The problem is state law.
A February 20, 2010 Fairbanks Daily News Miner
editorial stated (excerpt):
Some argue that the state must prohibit snowmachines
in the corridor to protect wildlife from renegade
hunters. If this is a reasonable argument, shouldn't
the state apply the same five-mile buffer to the rest
of its remote road system? Most of our highways
traverse lightly populated areas where law enforcement
is spotty.
The Dalton Highway is more remote, yes, but that
actually argues against more stringent regulation. Its
remoteness, lack of services and unpaved surface
discourage most Alaskans from venturing up it - fewer
people, fewer enforcement problems
The blanket prohibition north of the Yukon River is
overkill.
REPRESENTATIVE KELLY stated that HB 267 would allow
snowmachine use on the Dalton Highway corridor from October
1 to April 30 when soil is frozen and covered in snow. The
resulting impact on surface vegetation should be minimal.
If HB 267 passes, the prohibition on other off-road
vehicles would remain. This bill applies strictly to snow
machines. He pointed out that hunting methods and means
are strictly controlled by the Alaska Department of Fish &
Game regulations and laws. This bill would not change
their laws. In response to Chair Wilson, he agreed that
this bill would not change any restrictions on vehicles
used for hunting.
2:30:59 PM
REPRESENTATIVE PETERSEN asked whether any mechanism exists to
close the Dalton Highway Corridor during a year with extremely
late snowfalls and insufficient snow existed for snowmachine
use.
REPRESENTATIVE KELLY imagined that an emergency closure would
apply. He stated that would apply to other areas. He opined
that he personally rides snowmachines but does not ride without
snow since it is so difficult. He surmised that during the
timeframe affected by the bill, north of the Yukon it would be
chilly and snowy.
2:32:15 PM
REPRESENTATIVE JOHNSON referred to page 1, line 13, which read,
"(3) the use of a snow machine to travel across the highway..."
and asked for an explanation.
REPRESENTATIVE KELLY related that travel from West to East is
permitted, but travel along the corridor is limited. In further
response to Representative Johnson, he agreed a person could
pull alongside the road, unload their snowmachine, and access to
property within and outside of the five miles on either side of
the Dalton Highway.
2:33:26 PM
REPRESENTATIVE KELLY, in response to Chair Wilson, guessed that
from the Yukon River to the Arctic Ocean is about 357 miles. In
further response to Chair Wilson, he agreed that snowmachines
are not allowed in the Dalton Highway Corridor north of the
Yukon River with a buffer zone five miles along the Dalton
Highway.
REPRESENTATIVE KELLY related that this bill would be similar to
other roads in Alaska. Currently the five-mile corridor on
either side of the Dalton Highway is a "no zone."
2:34:31 PM
REPRESENTATIVE JOHNSON asked how snowmachines would gain access
to areas outside the five miles along the Dalton Highway
Corridor.
REPRESENTATIVE KELLY agreed. He stated people can fly or hike.
In further response to Representative Johnson, he agreed that
except for flying and hiking land outside the ten-mile corridor
is "shut off."
CHAIR P. WILSON related that some exceptions exist for off-road
vehicles necessary for oil and gas exploration, development,
production, or transportation; a person with mining claims in
the vicinity of the highway and who must use land within five
miles of the right-of-way of the highway to gain access to the
mining claim, and the use of a snow machine to travel across the
highway corridor from land outside the corridor [page 1, line 8-
14.]
2:36:03 PM
REPRESENTATIVE JOHNSON stated his perspective is for people to
"put meat on the table" for the purposes of hunting and also for
recreation. He stated that current law excludes people from
using their snowmachine and hunting beyond the corridor.
REPRESENTATIVE KELLY related that hunting would not be
unrestricted, since currently the hunting is limited and this
bill would not change that aspect. The ADF&G controls the
methods and means and this bill does not change the fish and
game laws. In response to Representative Petersen, he
identified that the land is state land.
2:37:42 PM
REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, testifying
as joint prime sponsor of HB 267, related his understanding that
an overabundance of caribou exists in the area of about 75,000
to 80,000 animals while then optimum herd size is 37,500. Thus,
the herd is at risk of overgrazing since the primary food source
is lichen.
REPRESENTATIVE NEUMAN stated that lichen could take 50 years to
grow. Managing the herd is critical. He said that ultimately
3,000 to 3,500 animals should be harvested annually, but the
take is less than 800. Thus, the herd is increasing, which
creates concern of overgrazing and could cause the herd to
crash. He related that crashes have happened in some areas of
the state. His goal is to use this bill as a management tool to
put more meat in Alaskans' freezers. He said the Nelchina herd
has changed from Tier I to Tier II since so many people want to
apply for the permits.
2:40:31 PM
CHAIR P. WILSON said she thought this bill would not make
changes on any hunting.
REPRESENTATIVE NEUMAN related that the Alaska Board of Game
would have the ability and opportunity to manage the herd.
CHAIR P. WILSON asked whether the Board of Game could make
management decisions in a different way if the Dalton Highway
corridor was opened.
REPRESENTATIVE NEUMAN agreed the Board of Game would make
determinations on the allocation of game. He said he is
interested in ensuring long-term sustainable food products for
Alaskans.
2:43:32 PM
THOR STACEY stated that he is attending school in Juneau at the
University of Alaska. For the past seven years he has lived at
Wiseman. He is a registered hunting guide holding permits in
the Arctic National Wildlife Refuge. His family has significant
mining interests in the area in question. He has personally
frequently traveled the road, well over 100 times during the
winter and summer. He said he is in opposition to the bill. He
said he has suggestions for the committee. He pointed out that
the intent of the road is to provide support for Prudhoe Bay.
The infrastructure is in place for truckers, including the
pullouts for truckers to chain up their vehicles or take rests.
The winter transportation time is the only time that heavy
winter loads, over a certain weight limit, are allowable. Much
of the road is gravel and allowing additional recreational use
places this use in direct competition with the trucking
industry. The proposed future gas line will demand additional
infrastructure. All the recreational use facilities are not
maintained during the winter. He related that few Alaska State
Troopers are available for wildlife or state highway
enforcement. He was unaware of any medical emergencies except
for the Alyeska Pipeline Services.
2:46:42 PM
MR. STACEY offered his belief that it would be difficult to
handle an accident in an expedient manner in Atigun Pass. He
related that there is not a fiscal note attached to this bill.
He expressed concern over where people would park, and blocking
roadways that require regular inspections of pipe. He stated
this is the most critical time for industry, but not for
recreational use. He requested the committee hold the bill
since the road is needed for the potential gasline and due to a
lack of clear understanding of the impact on industry and due to
the lack of support on the public highway.
2:49:19 PM
GEOFF CARROLL, speaking on behalf of himself, described his
background as a wildlife biologist. He testified in opposition
to HB 267. He related that when the decisions were being made
over whether the "haul road" would be built, the North Slope
residents were assured the road would not be open to the public.
The road was opened to the public. Another promise was that
wildlife resources would be protected by not allowing off-road
vehicles to access the land. This bill poses a threat to that
promise. If the state wants credibility on the North Slope, the
legislature should not pass this bill. Another reason not to
open the Dalton Highway Corridor to snowmachines is that it
would result in user conflicts with local hunters. He recalled
earlier testimony on the Central Arctic herd and offered his
belief that the numbers were overblown. Evidence does not
indicate any overgrazing, he stated. The Teshekpuk Caribou Herd
numbers about 62,000 and provides an important subsistence
resource to the North Slope residents. Most of the range of the
Teshekpuk herd is in the central and western North Slope.
During the period 2002-2008, a substantial portion of the herd
wintered in the Dalton Highway area. Recently, the Board of
Game increased the bag limit in that area from two to five
caribou.
MR. CARROLL predicted that HB 267 passes and the Board of Game
allow hunters to use snowmachines in the area the harvest would
increase substantially. The harvest rate on that herd is high
enough that if harvest increases along the Dalton Highway, it
would decrease the harvest somewhere else. This would create a
major user conflict, pitting sport hunters against North Slope
subsistence hunters. Even if there is no increase in hunting,
increase snowmachine use would impact wildlife. Part of the
strategy for animals in the winter is to become somewhat
sedentary to conserve energy. With increased activity animals
use up their energy reserves and often starve before winter is
over. Muskoxen are particularly vulnerable to this. When
people see muskoxen in the Dalton Highway Corridor, they drive
up for a closer look, which will result in the animals moving
and use up their energy reserves. This activity can scatter the
herd and make them more vulnerable to predation and abandonment
of calves. Muskoxen numbers have seriously declined in recent
years. The last thing the Muskoxen need is harassment,
particularly when the animals should be sedentary. He urged
members to honor their promise, minimize impact on subsistence
hunters and the land, and vote down HB 267.
2:52:56 PM
TODD CLARK spoke in support of HB 267. He pointed out that the
state constitution provides for the development of land and
water for the maximum benefit of the people. The Dalton Highway
Corridor acts as a fence and the general user does not have
access to the millions of acres beyond the corridor. He
suggested viewing the state over a 20 year period. He
speculated that twenty years from now twice as many people will
want to access the state's resources. The state's current mode
seems to be restrictive. This bill would allow an opportunity
to create additional access with minimal impact. He related
that snowmachines are allowed on lands managed by the Department
of Natural Resources, Division of State Parks. He related that
the division seems to agree the impact by snowmachines has been
minimal. Currently, the lands and resources are available to
pilots, mining and other commerce, and people who live in the
Dalton Highway Corridor. However, the land is not available to
the average Alaska resident. He suggested members drive the
highway to sense the vastness of the area. He characterized
residents as essentially "locked out" of the Dalton Highway
Corridor area.
2:55:13 PM
RANDY QUINCY, Board Member, Alaska Outdoor Council (AOC), stated
that the AOC consists of 2,300 members in 48 clubs, with over
10,000 collective members. He said that the AOC supports HB
267.
2:55:39 PM
JACK REAKOFF said he is not in support of HB 267. He stated
that the Board of Game wrote a letter in November 2009 in
support of the pre-bill at its meeting in Nome, Alaska. He
stated that "it's a given that there will be hunting pressure
exerted on the resources near the Dalton Highway in the winter.
He recalled a similar bill was previously offered in the Senate.
He further recalled the Senate Resources Committee held hearings
in Fairbanks, Wiseman, and Barrow. He offered that everyone
expressed concern about disturbing or "outright killing of these
animals." As of March 1, the latest Board of Game increased the
bag limit by 150 percent. Twenty-five percent of the hunters
are nonresident hunters. The harvest time has increased by two
months for cow caribou. He said, "I'm very concerned. I'm the
Chair of the Western Interior Regional Advisory Council, Co-
Chair of the Koyukuk River Advisory Committee. The people of
this area are very concerned about the additional harvest
opportunity." He recalled that some people submitted to the
Board of Game that the herd is imminently in danger of crashing.
However, the reality is the ADF&G did not provide any
documentation that the herd is declining. Productivity is high
and two-year old caribou have calves, which he believed is an
indication of a healthy herd. The Central Arctic herd is using
areas on the south side of the Brooks Range that has not been
used by caribou in 35 years. There are lots of resources
available for the caribou to use. The reality is the five
caribou limit is allocated for nonresident hunters. He
anticipated a huge increase by non-Alaskans.
MR. REAKOFF offered his belief that this bill is not for
residents. Currently, the area experiences a high-level of
nonresident using boats, dog teams, and aircraft. The Mulchatna
Caribou herd, with primary access by aircraft access went from
200,000 to 28,000 animals over a 12-year period. This
represents an 86 percent decline, while the wolf population had
one adult wolf per 100 cows. The herd did not have any breeding
capacity, he stated. Snowmachine access is so efficient that it
would allow access to cow caribou as they cross over the Brooks
Range and move across the coastal plain since the area does not
"break up" until mid-May. Thus, year-round hunting access to
cow caribou would subject the caribou to high harvest. He
offered his belief that snowmachine access would need to be
curtailed in a short time period. He said, "Caribou do not
recover."
2:59:34 PM
MR. REAKOFF stated the caribou cannot sustain this level of
harvest. Dall Sheep have critical wintering habitat and high
marking on the sides of the mountains. He predicted that
"chasing Dall Sheep off their wintering habitats will kill the
Dall Sheep." This is the most northerly wild sheep population
in the world. The oil industry will be required to have
additional restrictions once the herd is decimated. The oil
industry has enjoyed the growing population of caribou, which
implied that the industry could cohabitate with the resource.
The reality is once this herd is decimated by overharvest,
encouraged by snowmachine access, the industry will incur
additional expenses. This bill basically is fraught with
numerous problems, he stated. He suggested that ice truckers
encounter steep roads and pickups with heavy trailers will
inevitably jackknife and have accidents. He said, "There will
need to be large fiscal note attached to the bill for [Emergency
Medical Services] EMS, additional troopers." He stated that the
[AST] Trooper at Coldfoot has not been present since September,
yet the area encompasses a 78,000 square miles. He offered that
currently the AST does not have a Trooper present. He stated
that additional funding would be needed for AST, a MEDIVAC
helicopter, and the bill is flawed. He offered his belief that
the entire caribou harvest was 2,000, including the village
harvest. He cautioned that the five caribou limit will attract
hundreds of nonresident hunters and air carriers to support
their access.
MR. REAKOFF said, "The reality is this bill would have huge
detrimental effects to the caribou herds and the managers and
people of Alaska will be looked at as slaughterers of the
resource that inhabits the Arctic Coastal Plain, which is under
high spotlight." He urged members not to adopt HB 267. In
response to Chair P. Wilson, he stated that he is from Wiseman,
Alaska, half-way between Fairbanks and Prudhoe Bay. He stated
he has lived in the Central Brooks Range since before the Dalton
Highway was built. He said, "I'm very concerned as an Alaskan
resident that we are reallocating our resource to nonresidents
and not actually doing what this bill is proposing to do."
3:03:26 PM
NICOLE FLIPS stated that she is property owner in Wiseman, but
her primary residence is in Fairbanks. She said she hunts for
Dall Sheep and caribou outside the Dalton Highway Corridor by
foot and dog team. There is no need to change the law as it is
currently written prohibiting off-road vehicles on the land in
the Dalton Highway Corridor. She said, "Only the lazy and
uninspired would claim the current law denies their access to
the public lands along the Dalton." She asked members to
consider the overwhelming evidence that this bill will threaten
the sensitive wildlife and subsistence uses along the Dalton
Highway Corridor. She asked members to also consider that
allowing snowmachines along the Dalton Highway Corridor will
cost money through the increased demand and need for emergency
services, public safety, and wildlife protection. Secondly,
allowing snowmachines in the Dalton Highway Corridor will
increase accidents, medical emergencies, search and rescue
operations, and trespass. She expressed concern over the
potential for increased vandalism of mining equipment, private
property, tourism facilities, oil company facilities, and
university research facilities. She reiterated that emergency
services do not currently exist. Finally, allowing snowmachines
in the Dalton Highway Corridor will require road improvements,
pullouts, outhouses, and trash receptacles. She asked for the
fiscal note to reflect the impact that HB 267 will have on the
local residents, businesses, and miners who are left insecure
and unsafe. She concluded, "I want myself and my property
protected."
CHAIR P. WILSON related that several committee members traveled
on the Dalton Highway this summer. She explained that members
rode in the commercial trucks. She stated that she could not
imagine traveling the Dalton Highway in the winter. She agreed
the pullouts are necessary for emergency purposes.
[HB 267 was held over.]
3:07:55 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB267 sponsor stmt TRA.pdf |
HTRA 3/11/2010 1:00:00 PM HTRA 3/16/2010 1:00:00 PM |
HB 267 |
| hb 267 backup TRA.pdf |
HTRA 3/11/2010 1:00:00 PM HTRA 3/16/2010 1:00:00 PM |
HB 267 |
| HB366 Backup TRA.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 366 |
| HB366 Sectional TRA.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 366 |
| HB366 Sponsor strmt TRA.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 366 |
| HB354 Sponsor Statement.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 354 |
| HB354 Sponsor Statement TRA.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 354 |
| HB354 Sponsor Statement TRA.pdf |
HTRA 3/11/2010 1:00:00 PM |
HB 354 |