Legislature(2009 - 2010)BUTROVICH 205
04/15/2009 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing | |
| SJR22 | |
| HJR25 | |
| HB14 | |
| HJR27 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SJR 22 | TELECONFERENCED | |
| + | HB 14 | TELECONFERENCED | |
| + | HCR 10 | TELECONFERENCED | |
| + | HJR 27 | TELECONFERENCED | |
| + | HJR 25 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 22-FEDERAL PREEMPTION OF SALMON MANAGEMENT
4:09:04 PM
CHAIR MCGUIRE announced the consideration of SJR 22.
SENATOR WIELECHOWSKI moved to adopt proposed committee
substitute (CS) for SJR 22, labeled 26-LS0866\R as the working
document. There being no objection, version R was before the
committee.
SENATOR HUGGINS, sponsor of SJR 22, said his aide will present
the bill and describe how the United Cook Inlet Drift
Association (UCIDA) has "grabbed a tiger by the tail" in this
instance.
SHARON LONG, Staff to Senator Huggins, said SJR 22 takes aim at
the lawsuit filed by the United Cook Inlet Drift Association
(UCIDA). The complaint, calling for the return of federal
management, is an affront to this state. It was a colossal
failure of federal salmon management that largely drove the
statehood movement. UCIDA fishers participate in gillnet and
drift gillnet in Cook Inlet and can keep an unlimited number of
commercially caught fish for personal use. Their goal is to have
the state-managed personal-use dipnet fishery declared
unconstitutional and preempted by federal law. SJR 22 seeks a
fair shake for Alaskans who dipnet fish without commercial gear.
It asks the governor to intervene in defense of the state's
authority to responsibly manage its fisheries.
4:10:55 PM
SENATOR FRENCH asked the source of the "Whereas" clause relating
to the UCIDA's desire to outlaw personal dipnetting.
MS. LONG said UCIDA claims that they are harmed by state
regulations pertaining to salmon management in Cook Inlet. The
relief they ask for is to declare that the state authorized
resident only salmon fisheries in Cook Inlet are
unconstitutional and therefore preempted by federal law.
SENATOR FRENCH said he would call that black and white.
SENATOR HUGGINS added that his neighbors and many of his friends
have been very tolerant "over the piece of where you live and
how you get to fish." The salmon task force talked about the
sizeable number of commercial fishers in Cook Inlet, residents
and non-residents alike. Rod and reel fishers would likely say
those commercial fishers have almost no limit. Now this group is
saying they want to preempt his friends and neighbors who dipnet
because non-resident commercial dipnetters can't dipfish. "There
is something wrong with that." Hence my comment about their
having a tiger by the tail, he said.
4:13:28 PM
SENATOR WAGONER said his understanding is that this started as a
petition to the Secretary of Commerce. It was ignored and the
time ran out on the petition. The lawsuit was filed out of
frustration and was an effort to get the attention of the
Secretary of Commerce. However, even that hasn't elicited a
response or comment from the Secretary of Commerce.
4:14:36 PM
SENATOR HUGGINS said he doesn't disagree, but now it is a
lawsuit. The beauty of it is that a number of people who are
commercial fishers want to sign on to this resolution because
this is against Alaskans and the Alaskan way of life. He
predicts others will also sign on because Alaskans will not
allow this sort of thing happen.
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC), said
AOC represents 10,000 Alaskans and advocates for Alaskans that
participate in the harvest of wild food. The dipnet fisheries in
Chitina and the fisheries in the Kenai and Kasilof rivers are
important sources of wild food for thousands of Alaskan
families. AOC is opposed to the lawsuit and in support of SJR
22. The idea of having this suit going to the federal court,
preempting state rights and the Submerged Lands Act is dangerous
for the state of Alaska.
4:17:23 PM
RON SOMERVILLE, Territorial Sportsmen board member, Juneau, said
if the lawsuit were successful it would target nearly all
resident-only fisheries. The lawsuit addresses Cook Inlet but
there is a Jenson case in Cordova that is identical. "Where does
it stop?" The state should be interested, but can't just file an
amicus brief. If the governor will not do that, the legislative
council should consider the options. It is an affront to
Alaskans to try to preempt state management; that was the
essence of seeking statehood.
4:19:05 PM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, Soldotna, said KRSA is a fishery conservation
organization. He agrees with previous two testifiers. He
suggested expanding the scope of the resolution to include the
similar Jensen lawsuit. It is important for the state to
intervene in both lawsuits in case there are out of court
settlements, he said. The lead attorney for these lawsuits
indicated they are seeking out of court settlements, such as
personal use dipnet fishing on the Kenai River only occurring
after the upper end of the escapement goal has been achieved.
Predictability is important for people to plan vacations to go
dipnetting. The association supports an out of court settlement
that involves oversight by the Board of Fisheries and ADF&G
management.
BYRON HALEY, President, Chitina Dipnetters Association,
Fairbanks, stated strong support for SJR 22. Commercial fishers
have been trying to close this dipnet fishery for a long time.
This is another tool they are using.
4:21:48 PM
CHAIR MCGUIRE closed public testimony and asked Senator Huggins
if he wanted to offer an amendment.
SENATOR HUGGINS replied he would need to do the research.
SENATOR WIELECHOWSKI said he would support expanding the
resolution to include the Jenson case and others. He suggested a
conceptual amendment.
SENATOR HUGGINS moved conceptual Amendment 1 to incorporate into
SJR 22 the essence of the [Herbert T.] Jensen lawsuit. Hearing
no objection, Amendment 1 was adopted.
CHAIR MCGUIRE said a neighbor recently reminded her how
important dipnetting is to his feeding his large family in the
winter. If affects Alaskans.
SENATOR WIELECHOWSKI moved to report CS for SJR 22, version R as
amended, from committee with individual recommendations and
attached fiscal note(s).
SENATOR WAGONER objected saying that he would like to hear
testimony from the people who wrote the lawsuit. He noted that
it has been said that the process in this committee is to hear a
bill and to move it the next hearing. If that's the standard
procedure then it should be followed. He removed his objection.
CHAIR MCGUIRE said fair enough.
4:25:25 PM
MS. LONG noted that the legislative drafters said this was filed
on March 7 and according to court rules intervention should be
done by early to mid-May.
CHAIR MCGUIRE said she is aware of that and the committee
generally moves expeditiously. Finding no further objection,
CSSJR 22(RES) moved from committee.
| Document Name | Date/Time | Subjects |
|---|