Legislature(1995 - 1996)
04/28/1995 03:38 PM RES
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SB 171 EXTEND CURRENT SUBSISTENCE LAW Number 570 SENATOR LEMAN introduced SB 171 , which will extend the sunset date for the subsistence law for one year, as the next order of business. He said it is his understanding that the agreement to extend the date by one year is an agreement reached between the administration, our committee and corresponding committees on the House side. COMMISSIONER-DESIGNEE RUE stated the administration is in agreement with the one-year extension, and they will be working with the legislature and various interest groups to try to come up with a resolution of this issue that Alaskans can support. GEORGE IRVIN, representing the Alaska Federation of Natives, testified from Anchorage in support of legislative action to extend the sunset of the 1992 state subsistence statute for one year. He said AFN is convinced that the Knowles Administration fully intends to conduct the public process of evaluating the 1992 statutes implementation and to make recommendations to the legislature, which is something the previous administration failed to do. TAPE 95-50, SIDE B Number 001 Mr. Irvin said AFN has concluded that no administration could complete the process in the next five months, and in order to bring justice to the critical issues and to coordinate the formulation of future state subsistence policy with its effort to resolve the ANILCA impact, the Knowles Administration must be given sufficient time to get the work done. Mr. Irvin stated the AFN supports the governor's twin goals of a rural preference and the return of state management, and the entire Native community will help in any way it can and in any appropriate manner to assist the administration to fulfill the original commitments of the 1992 law and its review. Number 030 DALE BONDURANT, testifying from Soldotna, stated his opposition to extending the sunset date for one year. He said there was a lot of effort put in during the Hickel Administration to try to come up with some kind of a conclusion. He added that the McDowell decision said that all Alaskans would be treated equal as far as subsistence so he does not see the need for these laws. He suggested everybody get together and consider that we are all Alaskans and we all have the same equal right to take fish and game. Number 062 TOM LAKOSH, testifying from Anchorage, said one thing that has not been identified in the law which makes it unconstitutional and a violation of his rights is that the Supreme Court found that subsistence is inherently a local use of the resources. He said he would very much like to use his local subsistence resources and it is a violation of his rights to consider his area a non-subsistence use area. There being no further witnesses wishing to testify on SB 171, SENATOR LEMAN directed attention to an amendment being offered by Senator Lincoln. Number 100 SENATOR LINCOLN moved the adoption of the following amendment to SB 171: Amendment No. 1 Page 1, line 1: After "Act" insert "extending the date for a review of and a report on the current law regarding subsistence use of fish and game and" Page 3, after line 3: Insert new bill sections to read: "*Section 1. Section 9(a), ch 1, SSSLA 1992, is amended to read: (a) The legislature acknowledges and recognizes that this Act deals with a subject of vital concern and that the subject merits review. Therefore, it is the intent of the legislature that the operation of this Act and the regulations adopted under this Act be fully reviewed by the governor no later than December 31, 1995 [JUNE 1, 1994]. *Sec. 2. Section 9(d), ch 1, SSSLA 1192, is amended to read: (d) No later than February 1, 1996 [SEPTEMBER 1, 1994], the governor shall provide a report to the legislature on the results of the review and proposed recommendations for statutory amendments." Page 1, line 4: Delete "Section 1." and insert "Sec. 3." Renumber the following bill section accordingly. Hearing no objection to the amendment, SENATOR LEMAN said it was adopted and would be incorporated into a Resources CS. SENATOR TAYLOR moved that CSSB 171(RES) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.