Legislature(2005 - 2006)BUTROVICH 205
04/22/2005 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB102 | |
| SB170 | |
| HB75 | |
| HJR5 | |
| HJR16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 5 | TELECONFERENCED | |
| + | HJR 16 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 102 | ||
| = | SB 170 | ||
CSHB 75(FIN)-HUNTING, FISHING, TRAPPING
CHAIR WAGONER announced CSHB 75(FIN) to be up for consideration.
HEATH HILYARD, staff to Representative Kelly, sponsor, said the
original version referred to preserving and promoting sport
hunting in the state and it was thought the language was a
little inflammatory.
We wanted to make it clear from the get-go that we
were not taking a position on the subsistence issue in
any way. Likewise, we've also left out references with
regard to sport or commercial for fishing, as well.
The CS includes a legislative intent statement that plainly
declares that, "In no way are we trying to contravene or
contradict the existing constitutional principles of other
common users' sustained yield." That was a concern of wildlife
viewing tourism constituency.
MR. HILYARD said the original version had to do with the powers
and duties of the commissioner and the boards and that has been
removed and applied it to the functions of the commissioner and
the boards, because substance was desired in their ability to
adopt regulations in carrying out the intent of this statute to
preserve and promote the heritage of hunting, fishing and
trapping in the state.
CHAIR WAGONER asked where the letter of intent appeared.
MR. HILYARD replied that an intent statement is in the CS.
3:55:38 PM
SENATOR SEEKINS said he wanted to delete paragraph (1) on page
2, 1ines 2 - 3, because he didn't want to require the duties to
be done rather than being optional.
MR. HILYARD said he thought the sponsor would be amenable to
that amendment.
SENATOR SEEKINS moved to adopt Amendment 1 to removed
subparagraph (1) on page 2.
SENATOR DYSON objected adding "renumber paragraphs as
appropriate" as a friendly amendment. There were no objections
to Amendment 1 to Amendment 1.
SENATOR ELTON said he was concerned that they were taking away a
power of the commissioner on page 4, line 19. They are saying
the commissioner doesn't have that power and that is a statement
they may not want to make, especially given the cooperative
nature in which some of Alaska's fish and wildlife resources
have to be managed. He wanted to hear from the commissioner or
the department.
SENATOR SEEKINS disagreed.
Because the first part of the paragraph [page 1, line
14] says, 'The commissioner has, but not by way of
limitation, the following powers and duties:' The
commissioner would still retain that power, but not
the responsibility or the duty.
So, there is nothing in removing this that would say
that the commissioner 'cannot,' but it would now be at
the decision - and it would be at our option of the
state and not be required to do so. Under current law,
we require the commissioner to do that.
3:59:43 PM
SENATOR ELTON responded that he understands the language of the
limitation, but if some future court has to determine what the
intent of the legislature is, that would not be characterized.
He fears that the characterization may be that the legislature
has said that they don't think that's an appropriate power to
list under the powers and, in fact, the legislature took that
out of the statutes. "I would hate to have the argument be made
as an interpretation of what we are doing here today."
4:00:30 PM
SENATOR SEEKINS disagreed again - respectfully.
This record is very clear and if there was confusion
on the part of the court, they would look back at the
action that removed that paragraph. As Judiciary
chairman, we are very conscious of the fact in the
Judiciary Committee that the record of this proceeding
would be what would define for the court what the
intent of the legislature was. It's very clear on the
record now that the intent here is that it's at the
option of the commissioner to enforce these
regulations and laws, not a requirement by state law.
CHAIR WAGONER asked for a roll call vote. Senators Seekins,
Dyson, Stedman and Chair Wagoner voted yea; and Senator Elton
voted nay; and Amendment 1 was adopted.
4:02:48 PM
SENATOR ELTON said the department testified in the past that it
wasn't 100 percent supportive. He asked how comfortable the
department is now that the duty or responsibility to assist the
U.S. Fish and Wildlife Service in the enforcement of federal
laws and regulations pertaining to fish and game.
WAYNE REGELIN, Acting Commissioner, Alaska Department of Fish
and Game (ADF&G), said he didn't think the bill was a problem.
As long as we can help 'em out if we need to or want
to and aren't prohibited from doing that, I don't
think that it's a problem. We've never been required
to. I'm sure there's [been] times when they have asked
for our help and we said we were too busy, we couldn't
do it. But, we have a good working relationship with
them and I would assume that would continue. Most of
the cooperative efforts are on fisheries stuff out in
the ocean. A lot of it is with enforcement people
there, but I think that the original part of the bill
we did support. We felt it should include trapping,
too, and fishing.
4:05:12 PM
JENNIFER YUHAUS, Executive Director, Alaska Outdoor Council,
supported this bill and the CS and the removal of the amendment
that included viewing as a use.
This is not because we don't legitimize the use of
viewing wildlife, but that the advocacy of this use is
covered through several other avenues through other
departments including the tourism industry and it's
not the original intent when the bill was introduced.
4:06:11 PM
SENATOR SEEKINS moved to report SCS CSHB 75(RES) from committee
with individual recommendations and attached fiscal note. There
were no objections and it was so ordered.
SENATOR SEEKINS noted that someone only has to turn to AS
16.05.935, which is the restriction section in statute:
Cooperation with the federal government in Glacier
Bay, along with the statement in there that nothing in
this title, Title 16, authorizes the department or the
board to enter into an agreement with a department or
agency of the federal government that cedes state
authority for the management of fish and game, et
cetera, that we have taken similar action in the past
to not require our state departments to cooperate with
federal management.
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