Legislature(2005 - 2006)
05/02/2005 10:36 AM Senate FIN
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR CS FOR HOUSE BILL NO. 75(RES)
"An Act relating to the powers and duties of the commissioner
of fish and game, Board of Fisheries, and Board of Game in
promoting and preserving fishing, hunting, and trapping in the
state; and repealing the power and duty of the commissioner of
fish and game to assist the United States Fish and Wildlife
Service in the enforcement of federal laws regarding fish and
game."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Green noted that the Senate Resources committee substitute
before the Committee has a title change to that of the original
bill.
AT EASE 2:43:27 PM / 2:43:57 PM
[NOTE: Audio Recording of the meeting resumed at this point.]
Senator Stedman asked regarding language in Sec. 4(a)(13), page
seven line 23 as added by the Senate Resources Committee;
specifically as to "how extensive" the heritage look-back might be,
as he recalled a time when hunting eagles and sea lions was
permissible.
(13) promoting hunting and trapping and preserving the
heritage of hunting and trapping in the state.
Co-Chair Green pointed out that the activities that would be
considered must be legal.
2:45:04 PM
Senator Olson, noting that the bill had been modeled after
legislation adopted by the State of Michigan, asked whether
consideration had been provided to the issues of Alaska's
subsistence laws as well as to the Alaska National Interest Lands
Conservation Act (ANILCA); specifically whether provisions in the
bill were contrary to those issues.
Co-Chair Green assumed that that would not be the case. Efforts
would be made to allow the bill's sponsor to testify in this
regard.
2:46:01 PM
Senator Olson asked that the sponsor be allowed to respond.
Co-Chair Green ordered the bill SET ASIDE in order for the sponsor
to provide testimony.
[NOTE: This bill is readdressed at Time Stamp 2:58:41 PM.]
2:46:26 PM
SENATE CS FOR CS FOR HOUSE BILL NO. 75(RES)
"An Act relating to the powers and duties of the commissioner
of fish and game, Board of Fisheries, and Board of Game in
promoting and preserving fishing, hunting, and trapping in the
state; and repealing the power and duty of the commissioner of
fish and game to assist the United States Fish and Wildlife
Service in the enforcement of federal laws regarding fish and
game."
This bill was again before the Committee. [See Time Stamp 2:43:27
PM for the earlier Committee discussion on the bill.]
Senator Olson restated his earlier question regarding the affect
the changes made in the Senate Resources committee substitute might
have in regards to federal subsistence laws pertaining to the
Alaska National Interest Lands Conservation Act (ANILCA).
HEATH HILLIARD, Staff to Representative Mike Kelly, the bill's
sponsor, responded that, although the bill's sponsor was amenable
to the changes proposed in the Senate Resources Committee, such a
question had not been raised. While he was uncertain as to the
affect of the changes on the subsistence issue, his initial
perspective would be that the changes would have very little
impact.
3:00:14 PM
Senator Olson pointed out that the basis for his concern is the
question regarding consumptive and non-consumptive use, as
addressed in the April 4, 2005 Memorandum [copy on file] from
George Utermohle, Legislative Council, Division of Legal and
Research Services, Legislative Affairs Agency addressed to
Representative Mike Kelly.
Mr. Hilliard responded that the "the main point with regard to the
issue of consumptive and non-consumptive uses, is that Legislative
Intent language was included to mirror the language found in the
Alaska Constitution in regards to State resources. This is the
result of conversations that occurred in previous committees of
referral where user groups were concerned that the effort was "to
prioritize consumptive uses over non-consumptive uses… our response
to that" was that was not the intent. The bill packet contains
several legal opinions state support the position that the bill
would not prioritize either consumptive or non-consumptive use over
each other.
Senator Olson acknowledged.
3:01:07 PM
Mr. Hilliard pointed out that the only change made in the Senate
Resources committee substitute was the addition of language that
repealed the power of the commissioner of the Department of Fish
and Game to work with the United States Fish and Wildlife Service
in the enforcement of federal laws regarding fish and game. The
bill's sponsor was amenable to the addition of that language.
3:02:05 PM
Co-Chair Green recalled the Senate Resources Committee adding
similar language to other pieces of legislation over the years.
Another issue that has been addressed by that committee is the
issue of Alaska State Troopers "enforcing what are not typically
State Trooper activities". The reasons for both these issues being
addressed might have been the desire "not to subject State
employees to the federal role. That is not their role … their
obligation" is to address matters on State land.
Mr. Hilliard clarified that the action conducted by the Senate
Resources Committee would not "preclude the commissioner from
participating, it simply removes that as a mandate from the powers
and duties."
Co-Chair Green asked whether the State Constitution specifies the
duties of each State department's commissioner.
Mr. Hilliard replied that State Statute, rather than the State's
Constitution, outlines commissioners' responsibilities.
Co-Chair Green remarked that the Constitution includes the role of
department rather than the responsibilities of the commissioner.
Mr. Hilliard agreed.
Senator Hoffman, commenting that Alaska Natives have the longest
heritage of the activities addressed in this bill, inquired as to
how the sponsor would "perceive" to promote hunting, fishing, and
trapping and to preserve the heritage.
Mr. Hilliard responded that specific instructions in this regard
are not outlined in the bill. While the Department of Fish and Game
feels that they currently promote these activities, they have
determined that the language provided in this bill would make their
Statutory authority and requirement clearer. No specific ideas have
been conveyed to the Department. The desire of the Legislation is
to clarify that the heritage of hunting, fishing, and trapping
should be promoted and preserved.
Co-Chair Green asked Senator Ralph Seekins, chair of the Senate
Resources Committee, to comment in regards to the removal of the
language in Sec. 2(a)(1) page two, lines five through eight that
required the Commissioner of the Department of Fish and Game to
assist the United States Fish and Wildlife service in the
enforcement of federal laws and regulations pertaining to fish and
game.
3:06:15 PM
SENATOR RALPH SEEKINS, Chair, Senate Resources Committee, explained
that much focus was provided to State Statutes that specify that
the State should not force the Department of Fish and Game, and,
the Department's Commissioner to assist the United States Fish and
Wildlife Service. AS 16.05.050. The Powers and Duties of the
Commissioner. states that "the Commissioner has…but not by way of
limitation, the following powers…." The result of the change
recommended by the Senate Resources Committee would be to eliminate
the requirement that the Commissioner must assist the United States
Fish and Wildlife Service in the enforcement of federal laws and
regulations pertaining to fish and game.
3:07:38 PM
Senator Seekins concluded therefore that the elimination of Sec. 2
19(a)(1) would provide the Commissioner the option, rather than
requiring him, to assist. The Statutory requirement that the
Commissioner must assist would be removed.
In response to a question from Senator Hoffman, Senator Seekins
reiterated that "the Commissioner has, 'but not by way of
limitation' the following powers and duties". It would be "implied"
that the Commissioner would have the option to assist. The
requirement that the Commissioner assist would be removed.
Co-Chair Green expressed that the option would not be "enumerated
in the listing".
Senator Hoffman questioned the inclusion of the language "repealing
the power and duty of the commissioner of fish and game to assist
the United States Fish and Wildlife Service in the enforcement of
federal laws regarding fish and game." in the bill's title on page
one beginning on line three.
3:09:15 PM
Senator Seekins voiced being unsure of the reason for the title
change. The purpose of the Senate Resources Committee was "to
simply repeal" Sec. 2(a)(1) and provide the option to assist.
Co-Chair Green asked whether Senator Seekins had offered the
amendment to remove Sec. 2(a)(1).
Senator Seekins affirmed that he had offered the amendment.
Co-Chair Green asked whether there might be alternate language to
that included in the title of the Senate Resources committee
substitute.
Senator Seekins suggested replacing "repealing the power and" with
"repealing the duty" in the bill's title page one, line three.
Senator Hoffman suggested that the language added to the original
bill's title in regards to the commissioner be entirely removed.
Senator Seekins understood that a bill's title must reflect the
content of the bill.
3:11:10 PM
Following a brief discussion with Co-Chair Green and Senator
Hoffman, Senator Seekins ascertained that the original bill title
would accommodate the changes made in the content of the bill.
Co-Chair Green asked for confirmation, that Senator Seekins would
support reverting to the original bill title.
Senator Seekins affirmed.
Amendment # 1: This amendment restores the original title of the
bill by eliminating the language "; and repealing the power and
duty of the commissioner of fish and game to assist the United
States Fish and Wildlife Service in the enforcement of federal laws
regarding fish and game." as specified in the bill's title, page
one lines three through five, The revised title would read as
follows.
"An Act relating to the powers and duties of the commissioner
of fish and game, Board of Fisheries, and Board of Game in
promoting and preserving fishing, hunting and trapping in the
state."
Senator Hoffman moved to adopt Amendment #1.
Co-Chair Green clarified that approval of the amendment would
revert the bill's title back to the original language.
There being no objection, Amendment #1 was ADOPTED.
3:13:03 PM
Co-Chair Wilken moved to report the bill, as amended, from
committee with personal recommendations and accompanying fiscal
note.
There being no objection, SCS CS HB 75(FIN) was REPORTED from
Committee with previous zero fiscal note #1 dated March 14, 2005
from the Department of Fish and Game.
3:13:26 PM
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