04/09/1999 03:10 PM Senate RES

           SB 90-STATE JURISDICTION OVER FISH & GAME                                                                            
                                                                                                                                
CHAIRMAN HALFORD announced SB 90 to be up for consideration.                                                                    
                                                                                                                                
MR. HUBER explained that the proposed committee substitute has two                                                              
changes, but was not back from the drafters yet.  In subsection                                                                 
(d), it deletes "regardless of cost" and adds another section                                                                   
exempting the provisions of this bill from federal/state                                                                        
cooperative programs.                                                                                                           
                                                                                                                                
MR. HUBER said it was done in the same format as SB 91.                                                                         
                                                                                                                                
SENATOR MACKIE moved to adopt the CS to SB 90, version K, which the                                                             
committee had before them as the working draft.  There were no                                                                  
objections and it was adopted.                                                                                                  
                                                                                                                                
SENATOR MACKIE moved to remove "regardless of cost" on page 2, line                                                             
16 and insert the section from SB 91 which refers to the federal                                                                
acts exempted from the effect of the legislation.  There were no                                                                
objections and the amendment was adopted.                                                                                       
                                                                                                                                
SENATOR MACKIE said he had a possible concern on page 2, line 5                                                                 
where it says, essentially, that the State of Alaska is the only                                                                
entity under which the federal government can transfer any type of                                                              
management to.  He asked if it was the intent of this legislation                                                               
to effectively remove any possibility of co-management agreements                                                               
with anyone other than the State of Alaska.                                                                                     
                                                                                                                                
SENATOR TAYLOR said yes and that is part of the problem.  We do                                                                 
have a constitutional standard that establishes who shall manage                                                                
fish and game in the State of Alaska.  It's a constitutional                                                                    
authority which the legislature cannot delegate from.                                                                           
                                                                                                                                
SENATOR MACKIE asked if there are any instances under which the                                                                 
State or the federal government contract for any management of any                                                              
fish and game in the State currently.                                                                                           
                                                                                                                                
SENATOR TAYLOR responded that he wasn't aware of any.                                                                           
                                                                                                                                
CHAIRMAN HALFORD said he knew that ministerial functions were                                                                   
contracted, but not substantive decision making functions.  He                                                                  
asked Senator Taylor if he had a copy of the opinion on that issue.                                                             
                                                                                                                                
SENATOR TAYLOR said he didn't have it with him.  He said the real                                                               
question is one of who will have the discretionary authority to                                                                 
make decisions about actual management policies.                                                                                
                                                                                                                                
Number 195                                                                                                                      
                                                                                                                                
SENATOR MACKIE asked if we have the ability to deny the federal                                                                 
government the ability to have a management agreement with anyone                                                               
they choose.                                                                                                                    
                                                                                                                                
SENATOR TAYLOR said he thought we could to the extent that it                                                                   
impacts state land and state waters.  He thought we had the                                                                     
ability, but the administration has refused to litigate it.                                                                     
                                                                                                                                
SENATOR MACKIE responded that until that is adjudicated, the                                                                    
federal law allows for management by the federal government by an                                                               
Act of Congress if we're unable to resolve it.                                                                                  
                                                                                                                                
CHAIRMAN HALFORD said he thought the federal law said they manage                                                               
subsistence harvest, not the whole resource.  The debate is how                                                                 
they pull that thread into the whole resource.                                                                                  
                                                                                                                                
SENATOR MACKIE asked if the federal government takes over                                                                       
management of fish and game and chose to enter into a management                                                                
agreement in one particular region, how would this statute play out                                                             
against that authority.                                                                                                         
                                                                                                                                
SENATOR TAYLOR said the federal government believes that Act of                                                                 
Congress leads them to believe they cannot only enforce it on their                                                             
lands, but they can also extend off of their lands into state lands                                                             
and waters in an extra territorial fashion.  He thought someone                                                                 
would have to litigate the issue eventually.                                                                                    
                                                                                                                                
SENATOR MACKIE noted that in a sense, they were passing a statute                                                               
that doesn't have any authority whatsoever.                                                                                     
                                                                                                                                
Number 200                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD said that federal law doesn't give management                                                                  
authority, but a court case gave management authority.                                                                          
                                                                                                                                
SENATOR TAYLOR moved to pass CSSB 90(RES) from committee with                                                                   
individual recommendations.  There were no objections and it was so                                                             
ordered.