Legislature(2019 - 2020)BARNES 124

03/08/2019 01:20 PM House RESOURCES

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01:26:13 PM Start
01:26:42 PM SJR7
02:05:02 PM Confirmation Hearing(s): || Commissioner, Alaska Department of Fish and Game
03:00:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
- Commissioner Doug Vincent-Lang, Dept. of Fish &
Game
-- Public Testimony <Time Limit May Be Set> --
- Board of Game
<Above Item Rescheduled to 3/11/19>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SJR 7 ENDORSING ANWR LEASING; RELATED ISSUES TELECONFERENCED
Moved HCS SJR 7(RES) Out of Committee
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 8, 2019                                                                                          
                           1:26 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Lincoln, Co-Chair                                                                                           
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Sara Hannan                                                                                                      
Representative Ivy Spohnholz                                                                                                    
Representative Chris Tuck                                                                                                       
Representative Dave Talerico                                                                                                    
Representative George Rauscher                                                                                                  
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Geran Tarr, Co-Chair                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 7                                                                                                   
Requesting  that the  United States  Department  of the  Interior                                                               
Bureau  of  Land Management  implement  an  oil and  gas  leasing                                                               
program  in the  coastal plain  of the  Arctic National  Wildlife                                                               
Refuge.                                                                                                                         
                                                                                                                                
     - MOVED HCS SJR 7(RES) OUT OF COMMITTEE                                                                                    
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Commissioner, Alaska Department of Fish and Game                                                                              
                                                                                                                                
     Douglas S. Vincent-Lang - Anchorage                                                                                        
                                                                                                                                
     CONFIRMATION (S) ADVANCED                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR  7                                                                                                                  
SHORT TITLE: ENDORSING ANWR LEASING; RELATED ISSUES                                                                             
SPONSOR(s): SENATOR(s) BIRCH                                                                                                    
                                                                                                                                
02/20/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (S)       RES                                                                                                    
02/25/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/25/19       (S)       Moved SJR 7 Out of Committee                                                                           
02/25/19       (S)       MINUTE(RES)                                                                                            
02/27/19       (S)       RES RPT 5DP 1NR 1AM                                                                                    
02/27/19       (S)       DP: BIRCH, GIESSEL, COGHILL, BISHOP,                                                                   
                         REINBOLD                                                                                               
02/27/19       (S)       NR: KIEHL                                                                                              
02/27/19       (S)       AM: KAWASAKI                                                                                           
03/04/19       (S)       TRANSMITTED TO (H)                                                                                     
03/04/19       (S)       VERSION: SJR  7                                                                                        
03/04/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/04/19       (H)       <Bill Hearing Postponed to 3/6/19>                                                                     
03/06/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/19       (H)       RES                                                                                                    
03/06/19       (H)       RES AT 1:20 PM BARNES 124                                                                              
03/06/19       (H)       Heard & Held                                                                                           
03/06/19       (H)       MINUTE(RES)                                                                                            
03/08/19       (H)       RES AT 1:20 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR CHRIS BIRCH                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor, provided comments                                                               
during the hearing of SJR 7.                                                                                                    
                                                                                                                                
DOUGLAS S. VINCENT-LANG, Commissioner Designee                                                                                  
Alaska Department of Fish and Game                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as commissioner designee to the                                                                
Alaska Department of Fish and Game.                                                                                             
                                                                                                                                
SAM ROHRER, President                                                                                                           
Alaska Professional Hunters Association                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support during the                                                                          
confirmation hearing of Commissioner Designee Vincent-Lang.                                                                     
                                                                                                                                
SYLVIA PANZARELLA                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition during the                                                                       
confirmation hearing of Commissioner Designee Vincent-Lang.                                                                     
                                                                                                                                
MARK RICHARDS, Executive Director                                                                                               
Resident Hunters of Alaska                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION   STATEMENT:      Testified  in   support   during   the                                                             
confirmation hearing of Commissioner Designee Vincent-Lang.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:26:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHN  LINCOLN  called   the  House  Resources  Standing                                                             
Committee meeting  to order at  1:26 p.m.   Representatives Tuck,                                                               
Hannan,  Talerico, Spohnholz,  Rauscher, Rasmussen,  Hopkins, and                                                               
Lincoln were present at the call to order.                                                                                      
                                                                                                                                
         SJR  7-ENDORSING ANWR LEASING; RELATED ISSUES                                                                      
                                                                                                                                
1:26:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  announced that  the  first  order of  business                                                               
would  be SENATE  JOINT  RESOLUTION NO.  7,  Requesting that  the                                                               
United  States   Department  of  the  Interior   Bureau  of  Land                                                               
Management  implement  an oil  and  gas  leasing program  in  the                                                               
coastal plain of the Arctic National Wildlife Refuge.                                                                           
                                                                                                                                
1:26:55 PM                                                                                                                    
                                                                                                                                
SENATOR CHRIS  BIRCH, Alaska State  Legislature, speaking  as the                                                               
sponsor of SJR  7, reminded the committee the  comment period for                                                               
the Arctic National Wildlife Refuge  (ANWR) leasing program draft                                                               
environmental  impact  statement  (EIS) closes  3/13/19  and  the                                                               
purpose of the resolution is to  serve as the official comment of                                                               
the  Thirty-first Alaska  State  Legislature.   He described  the                                                               
time needed  for the passage of  SJR 7 and cautioned  if amended,                                                               
the resolution will miss the deadline  by two days.  He urged the                                                               
committee to pass the resolution without amendment.                                                                             
                                                                                                                                
CO-CHAIR  LINCOLN  said  a forthcoming  amendment  was  submitted                                                               
following the  requirements of the co-chairs;  however, the maker                                                               
of the  amendment wishes to  make changes to the  amendment [that                                                               
was drafted  by Legislative  Legal Services,  Legislative Affairs                                                               
Agency].                                                                                                                        
                                                                                                                                
1:29:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:29 p.m. to 1:30 p.m.                                                                       
                                                                                                                                
1:30:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  explained the  language in  the amendment                                                               
drafted  by  Legislative  Legal Services  was  divided  into  two                                                               
separate  amendments   labeled  Amendment  1  and   Amendment  2.                                                               
Amendment 1 read:                                                                                                               
                                                                                                                                
     Page 3, following line 12:                                                                                                 
          Insert new resolution sections to read:                                                                               
          "WHEREAS, to  protect the state's record  or [sic]                                                                    
     successful development,  the input of the  Gwich'in and                                                                    
     Inupiat people, who  currently and traditionally reside                                                                    
     in  the  North  Slope  Borough  and  the  Yukon-Koyukuk                                                                    
     census areas, may be taken  into consideration, and the                                                                    
     full  effects  of  development  on  the  Porcupine  and                                                                    
     Central   Arctic   caribou   herds,   on   which   they                                                                    
     traditionally rely,  as well as the  full environmental                                                                    
     effects  of  the  infrastructure needed  to  bring  the                                                                    
     resources  to  market,  may be  addressed  through  the                                                                    
     environmental permitting process; and                                                                                      
                                                                                                                                
REPRESENTATIVE HOPKINS  said the only  change to this  portion of                                                               
the language  from the drafted amendment  is on line 5,  a change                                                               
from "must" to "may".                                                                                                           
                                                                                                                                
1:32:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HOPKINS  moved   Amendment   1  [text   provided                                                               
previously].                                                                                                                    
                                                                                                                                
1:32:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN objected for discussion purposes.                                                                              
                                                                                                                                
REPRESENTATIVE   HOPKINS  further   explained   the  purpose   of                                                               
Amendment 1  is to ensure  comments are heard from  residents who                                                               
utilize  the  land  and  traditional use  of  the  Porcupine  and                                                               
Central Arctic caribou  herds in the area of  ANWR [designated by                                                               
section 1002  of the Alaska National  Interest Lands Conservation                                                               
Act  (the   section  1002  area)].     Furthermore,  Amendment  1                                                               
addresses  the  full  environmental  impacts  of  the  production                                                               
infrastructure  [that  is supported  by  SJR  7] such  as  feeder                                                               
lines, seismic activity, and ice roads.                                                                                         
                                                                                                                                
REPRESENTATIVE  RASMUSSEN agreed  it  is important  to hear  from                                                               
local  residents; however,  she stated  her concern  is that  any                                                               
amendment would prevent timely passage of the resolution.                                                                       
                                                                                                                                
REPRESENTATIVE RAUSCHER asked for  clarification on the impact to                                                               
the caribou herds.                                                                                                              
                                                                                                                                
REPRESENTATIVE   HOPKINS   said    the   amendment   takes   into                                                               
consideration  the long-term  impacts  on the  population of  the                                                               
caribou herds and their migration  pattern to the calving grounds                                                               
within the [section 1002 area].                                                                                                 
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  turned attention  to the  concern about                                                               
the  timeline for  the resolution  and suggested  the legislature                                                               
could easily  waive [Alaska State Legislature  Uniform Rules] and                                                               
thereby improve the language of SJR 7 and meet its deadline.                                                                    
                                                                                                                                
REPRESENTATIVE TUCK stressed the need  to improve the language in                                                               
legislation during committee hearings  and thereby avoid problems                                                               
later on in the legislative process.                                                                                            
                                                                                                                                
1:37:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RASMUSSEN  suggested the  intent of  the amendment                                                               
could be  more appropriately conveyed  in a second  resolution to                                                               
Congress; she pointed  out the topic of SJR 7  is directed to the                                                               
Bureau of Land Management (BLM), Department of the Interior.                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  the sponsor  whether  amendments                                                               
were discussed during Senate hearings.                                                                                          
                                                                                                                                
SENATOR BIRCH  said no.   In  further response  to Representative                                                               
Rauscher, he said there was  discussion related to the WHEREAS on                                                               
page 3, lines 6-9, which read:                                                                                                  
                                                                                                                                
     WHEREAS  the state  continues to  strive to  ensure the                                                                    
     ongoing health  and productivity  of the  Porcupine and                                                                    
     Central  Arctic caribou  herds  and  the protection  of                                                                    
     land,   water,  and   wildlife  resources   during  the                                                                    
     exploration  and development  of the  coastal plain  of                                                                    
     the Arctic National Wildlife Refuge; and                                                                                   
                                                                                                                                
SENATOR BIRCH recalled  comments on the floor of  the Senate were                                                               
that this issue  is adequately addressed and noted  in the summer                                                               
[of 2018], the  Porcupine caribou herd population was  at an all-                                                               
time high of 218,000.                                                                                                           
                                                                                                                                
REPRESENTATIVE  RAUSCHER  questioned  whether  the  Senate  would                                                               
concur in House amendments.                                                                                                     
                                                                                                                                
1:40:04 PM                                                                                                                    
                                                                                                                                
SENATOR BIRCH  opined there  are no serious  issues with  "any of                                                               
the resolutions in  that context," and the Senate  directed SJR 7                                                               
not to Congress, but to BLM, to  urge for a lease sale.  In fact,                                                               
the resolution  does not  choose one  alternative from  four that                                                               
were  identified [in  the draft  EIS]; however,  the language  of                                                               
[Amendment  1]  sets  an  unattainably high  bar  for  state  and                                                               
federal regulators.                                                                                                             
                                                                                                                                
CO-CHAIR  LINCOLN surmised  lease  sales are  one  early step  in                                                               
development  and resulting  projects  need  specific permits  and                                                               
environmental impact statements.                                                                                                
                                                                                                                                
SENATOR BIRCH said correct.                                                                                                     
                                                                                                                                
1:41:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO pointed  out in  the [Coastal  Plain Oil                                                               
and  Gas  Leasing  Program]  draft EIS,  produced  by  BLM,  four                                                               
possible decisions were identified.  He then remarked:                                                                          
                                                                                                                                
     BLM  has  been  in  contact  with  the  Arctic  Village                                                                    
     Council,  the Inupiat  community of  the Arctic  slope,                                                                    
     the  Native   Village  of  Kaktovik,   Venetie  Village                                                                    
     Council, Native  Village of Venetie  Tribal Government,                                                                    
     Beaver   Village,    Birch   Creek    Tribal   Council,                                                                    
     Chalkyitsik  Village   Council,  the   Gwich'in  Tribal                                                                    
     Government  -   which  is  located  in   Fort  Yukon  -                                                                    
     Anaktuvuk Pass, the Native  Village of [Utqiagvik], the                                                                    
     Inupiat Traditional  Government, the Native  Village of                                                                    
     Nuiqsut, the  Native Village of Stevens.  ... No doubt,                                                                    
     these folks have  been in, BLM has been  in contact and                                                                    
     this was  for consulting  purposes.... ...  I'm opposed                                                                    
     to ... the amendment just due  to the fact that I think                                                                    
     that the  agency has, has  done their due  diligence in                                                                    
     this process ....                                                                                                          
                                                                                                                                
SENATOR  BIRCH added  there  was  extensive supporting  testimony                                                               
during the Senate  Resources Standing Committee hearing  of SJR 7                                                               
from the North Slope Borough,  Arctic Slope Regional Corporation,                                                               
and the Village of Kaktovik.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS stated  Amendment 1  would urge  [BLM] to                                                               
continue working with the Gwich'in  and Inupiat people during the                                                               
EIS process  and ensure developing  [the section 1002  area] will                                                               
not  negatively  impact  the  size  of the  caribou  herds.    He                                                               
stressed  amending SJR  7 to  include additional  precautions may                                                               
prevent litigation.                                                                                                             
                                                                                                                                
1:45:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN maintained his objection.                                                                                      
                                                                                                                                
1:46:31 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:47:02 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Tuck,  Hannan,                                                               
Hopkins,   and  Spohnholz   voted  in   favor  of   Amendment  1.                                                               
Representatives Rasmussen, Rauscher,  Talerico, and Lincoln voted                                                               
against it.  Therefore, Amendment 1 failed by a vote of 4-4.                                                                    
                                                                                                                                
1:47:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS moved Amendment 2, which read:                                                                           
                                                                                                                                
     Page 3, following line 12:                                                                                                 
          Insert new resolution sections to read:                                                                               
          "WHEREAS, while most  Alaskans support development                                                                  
     in the  coastal plain  of the Arctic  National Wildlife                                                                    
     Refuge,  many do  so with  the  understanding that  the                                                                    
     state's workforce  will be used  to the  maximum extent                                                                    
     possible if the leasing program moves forward; and                                                                         
                                                                                                                                
1:47:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN objected for discussion purposes.                                                                              
                                                                                                                                
REPRESENTATIVE HOPKINS  explained the language of  Amendment 2 is                                                               
similar to  that of  many resolutions  passed by  the legislature                                                               
urging Congress to  ensure the state's workforce will  be used to                                                               
the maximum  extent possible should  the EIS process  and leasing                                                               
program  advance.    He  acknowledged  state  legislation  cannot                                                               
mandate  "Alaska  hire";  however,  at the  municipal  level  and                                                               
through interstate  commerce regulations,  "this would not  be an                                                               
unconstitutional step  based on our research  on putting Alaskans                                                               
to work for Alaska's resources ...."                                                                                            
                                                                                                                                
1:49:51 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:49 p.m. to 1:52 p.m.                                                                       
                                                                                                                                
1:52:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  opined   the  aforementioned  issue  is                                                               
unconstitutional.                                                                                                               
                                                                                                                                
REPRESENTATIVE HOPKINS  clarified at the federal  level, Congress                                                               
is  allowed   to  regulate  interstate  commerce,   and  previous                                                               
resolutions  in this  regard have  included  language urging  for                                                               
Alaska employment preference.                                                                                                   
                                                                                                                                
SENATOR  BIRCH  pointed  out  SJR  7 does  not  go  to  Congress;                                                               
although no one would question  a preference for Alaska hire, the                                                               
resolution  will go  to "the  administrative  side" at  BLM.   He                                                               
restated his concern about the  limited time available to achieve                                                               
passage of the resolution.                                                                                                      
                                                                                                                                
REPRESENTATIVE  TALERICO said  he will  not support  Amendment 2,                                                               
citing  the  1977 Alaska  Supreme  Court  opinion in  Hicklin  v.                                                             
Orbeck which  states, "The durational residence  requirements are                                                             
subject to strict scrutiny under  the equal protection clauses of                                                               
the federal  and state constitutions because  they penalize those                                                               
who  have   exercised  their  fundamental  right   of  interstate                                                               
migration ...."                                                                                                                 
                                                                                                                                
1:56:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  expressed his support for  Amendment 2 which                                                               
is an  opportunity to communicate  the legislature's  support for                                                               
local  hire, and  specifies the  "workforce will  be used  to the                                                               
maximum extent possible."                                                                                                       
                                                                                                                                
SENATOR  BIRCH said  Amendment  2 is  not  necessary under  these                                                               
circumstances.                                                                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS reported his  research has determined that                                                               
there  is sufficient  time  -  due to  a  history of  legislative                                                               
support  for similar  resolutions -  to allow  for the  change to                                                               
ensure Alaskans receive maximum benefit for their resources.                                                                    
                                                                                                                                
1:58:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN withdrew his objection.                                                                                        
                                                                                                                                
1:59:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER objected.                                                                                               
                                                                                                                                
A roll  call vote  was taken.   Representatives  Hannan, Hopkins,                                                               
Spohnholz,  Tuck, and  Lincoln  voted in  favor  of Amendment  2.                                                               
Representatives Rasmussen, Rauscher,  and Talerico, voted against                                                               
it.  Therefore, Amendment 2 was adopted by a vote of 5-3.                                                                       
                                                                                                                                
2:00:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS moved to report  SJR 7, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There being  no  objection, HCS  SJR 7(RES)  was                                                               
reported out of the House Resources Standing Committee.                                                                         
                                                                                                                                
2:00:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:00 p.m. to 2:05 p.m.                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
^ Commissioner, Alaska Department of Fish and Game                                                                              
                                                                                                                                
                    CONFIRMATION HEARING(S):                                                                                
        Alaska Department of Fish and Game, Commissioner                                                                    
                                                                                                                              
2:05:02 PM                                                                                                                    
                                                                                                                                
DOUGLAS   S.   VINCENT-LANG,    Commissioner   Designee,   Alaska                                                               
Department of Fish  and Game (ADFG), provided a  short history of                                                               
his childhood  and education in  Wisconsin.  In 1978  he attended                                                               
graduate school at  the University of Alaska  Fairbanks and after                                                               
graduation worked in Fairbanks, on  North Slope (NS) and on wide-                                                               
ranging projects for  ADFG.  He worked for the  Division of Sport                                                               
Fish for  about 20  years in  various positions  and subsequently                                                               
transferred to the Office of  the Commissioner, working on policy                                                               
issues including  Arctic policy and marine  policy.  Commissioner                                                               
Vincent-Lang's  most  recent  position  was as  director  of  the                                                               
Division of Wildlife  Conservation.  He and  his family carefully                                                               
considered before  accepting the  governor's appointment  to this                                                               
challenging but rewarding job.   One of his basic philosophies is                                                               
that ADFG manages resources that are  held in public trust and he                                                               
must  earn   trust  by  communicating   with  residents   and  by                                                               
fulfilling his obligation  to maintain in close  contact with his                                                               
staff.                                                                                                                          
                                                                                                                                
2:10:38 PM                                                                                                                    
                                                                                                                                
COMMISSIONER VINCENT-LANG stated his goals are:                                                                                 
                                                                                                                                
   • ensure there is food on the table for Alaskans from                                                                        
     Alaska's fish and game resources                                                                                           
   • ensure public trust                                                                                                        
   • preserve the state's right to manage its fish and game                                                                     
     resources as guided by the state constitution                                                                              
   • ensure there is an upcoming generation of hunters, fishers,                                                                
     and wildlife and fisheries scientists working in the field                                                                 
                                                                                                                                
COMMISSIONER VINCENT-LANG  acknowledged areas that  have garnered                                                               
criticism  of his  appointment:    1.   absence  of an  extensive                                                               
commercial fisheries background, but he  said he is familiar with                                                               
the important  issues related to  commercial fisheries and  is in                                                               
contact with the  commercial fishing industry; 2.   opposition to                                                               
[Alaska Ballot Measure 1, Salmon  Habitat Protections and Permits                                                               
Initiative (2018)]  due to the  complexity of [AS Title  16. Fish                                                               
and  Game], although  he has  directed  his staff  to review  the                                                               
department's  permitting   authority;  3.    support   of  active                                                               
management  of fish  and  game  resources that  is  not based  on                                                               
natural diversity.                                                                                                              
                                                                                                                                
2:14:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ  asked   Commissioner  Vincent-Lang  to                                                               
elaborate on his review of AS Title 16.                                                                                         
                                                                                                                                
COMMISSIONER VINCENT-LANG  said he  has directed his  Division of                                                               
Habitat staff  to review [Ballot  Measure 1 (2108)] and  look for                                                               
issues within the  permitting authority of AS Title  16 that need                                                               
to be updated.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ  questioned   the  motivation  of  this                                                               
review, in light of his opposition to [Ballot Measure 1 (2108)].                                                                
                                                                                                                                
COMMISSIONER VINCENT-LANG  opined the average voter  did not look                                                               
at  the details  of [Ballot  Measure  1 (2108)];  however, it  is                                                               
appropriate to review ADFG's permitting authority.                                                                              
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ asked for a specific example.                                                                          
                                                                                                                                
COMMISSIONER VINCENT-LANG remarked:                                                                                             
                                                                                                                                
     I  think there  are pieces  of it  where it  intercedes                                                                    
     with other  regulatory forums ...  for instance,  is it                                                                    
     necessary to  have every body  [of] water in  the state                                                                    
     of Alaska  identified as a potential  anadromous stream                                                                    
     ...?                                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK  asked Commissioner Vincent-Lang  to identify                                                               
the previous commissioners he has served.                                                                                       
                                                                                                                                
COMMISSIONER  VINCENT-LANG  said   he  worked  for  commissioners                                                               
[Kevin Duffy, McKie Campbell, Denby Lloyd, and Cora Campbell].                                                                  
                                                                                                                                
2:16:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RASMUSSEN  inquired as  to programs that  get kids                                                               
outside.                                                                                                                        
                                                                                                                                
COMMISSIONER  VINCENT-LANG   pointed  out  recently   over  1,000                                                               
Anchorage  kids  participated in  fishing  days,  which was  very                                                               
exciting.  In addition, ADFG  has a partnership with a foundation                                                               
that conducts  activities such  as a  charity shoot,  Becoming an                                                               
Outdoors-Woman  (BOW), and  family  outdoor events.   In  further                                                               
response to  Representative Rasmussen,  he said  these activities                                                               
are  budgeted within  the Division  of Wildlife  Conservation and                                                               
the Division of Sport Fish.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HOPKINS noted  the commissioner  was involved  in                                                               
the  [Susitna Hydroelectric  Project] during  the '80s  and asked                                                               
whether adequate  work was done  on the impacts of  the [Susitna-                                                               
Watana Dam]  to fish  and riparian habitat  when the  project was                                                               
renewed [from 2008-2016].                                                                                                       
                                                                                                                                
COMMISSIONER VINCENT-LANG  said the information collected  in the                                                               
'80s should  not be discarded,  but should form a  foundation and                                                               
"then it should be updated with new information, if necessary."                                                                 
                                                                                                                                
REPRESENTATIVE  HOPKINS recalled  his experience  on the  Susitna                                                               
Dam project in the 2000s and agreed that new data is critical.                                                                  
                                                                                                                                
REPRESENTATIVE  TUCK  directed  attention   to  the  Division  of                                                               
Wildlife Conservation  and surmised  "putting food on  the table"                                                               
is linked  to predator control.   He asked  for the best  time of                                                               
year to conduct aerial wolf hunting.                                                                                            
                                                                                                                                
2:20:47 PM                                                                                                                    
                                                                                                                                
COMMISSIONER VINCENT-LANG  said springtime.  He  pointed out when                                                               
he was  the director  of the  Division of  Wildlife Conservation,                                                               
intensive  management was  moved from  what was  approved by  the                                                               
legislature to "a more scientifically-based  system," guided by a                                                               
change  in policy.   He  explained an  intensive management  plan                                                               
begins  with the  department's review  of  a certain  population,                                                               
after which  a management plan  is presented to the Board of Game                                                               
(BOG)  for approval;  the BOG  approval dictates  what action  is                                                               
taken by ADFG.   Thus, prior to intensive management  there is an                                                               
assessment  of  the  population  and  the  impacts  of  intensive                                                               
management, the  board approval, followed  by an annual  or semi-                                                               
annual review of the effectiveness  of the operation.  The number                                                               
of predators, including numbers to  support the use of predators,                                                               
such as trapping, must be  sustained and he assured the committee                                                               
ADFG action in  no way endangers the  long-term sustainability of                                                               
the predator population.                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  asked   whether  Commissioner  Vincent-Lang                                                               
stated his  preference to conduct  predator control of  wolves in                                                               
the fall.                                                                                                                       
                                                                                                                                
COMMISSIONER VINCENT-LANG said  he did not remember  a comment in                                                               
this regard.                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  observed ADFG is  in a unique  position to                                                               
consider  how climate  change  is  impacting Alaska's  resources.                                                               
She  questioned whether  the commissioner  is considering  how to                                                               
manage fish and game resources,  taking into account impacts such                                                               
as  [fish] population  migration  and  changing ocean  conditions                                                               
that affect salmon, and asked how  ADFG can protect fish and game                                                               
resources in perpetuity with advancing changes in the ecosystem.                                                                
                                                                                                                                
COMMISSIONER  VINCENT-LANG  said  he served  on  former  Governor                                                               
Sarah  Palin's Climate  Change  Sub-Cabinet,  and he  co-authored                                                               
ADFG's climate change strategy.   In his role as commissioner, it                                                               
would  be irresponsible  not  to include  the  factor of  climate                                                               
change in the management of  resources, for example, by adjusting                                                               
hunt seasons  or animal counts.   The changing climate is  one of                                                               
many factors that vary by immediacy.                                                                                            
                                                                                                                                
2:25:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ asked  how the commissioner incorporates                                                               
science into an active management strategy.                                                                                     
                                                                                                                                
COMMISSIONER  VINCENT-LANG   explained  predator   management  is                                                               
"based on the  science policies that we implemented  four or five                                                               
years  ago."    Active  management is  a  broad  term;  [wildlife                                                               
managers]  can  allow  resources  to vary  within  their  natural                                                               
ranges,  as is  desired  by the  federal  government on  national                                                               
wildlife refuges, or resources can  be managed for public use and                                                               
long-term sustainability.  He remarked:                                                                                         
                                                                                                                                
     I'm   more  in   favor   of   managing  for   long-term                                                                    
     sustainability  incorporating human  use  as a  factor,                                                                    
     rather than managing just  within natural ranges, which                                                                    
     means moose  can go  from zero  to whatever  number, or                                                                    
     bears can  go from  zero to  whatever number,  and that                                                                    
     could  incorporate  management of  harvest  opportunity                                                                    
     ... that can look  at management of habitat, management                                                                    
     of  predator.   It's the  management of  the ecosystem,                                                                    
     incorporating human use as a factor.                                                                                       
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  related her constituents  are concerned                                                               
that  the  reduced  productivity  of  fisheries  in  Southcentral                                                               
Alaska may  be due to the  priority of one user  group negatively                                                               
affecting personal use and subsistence fishing in the region.                                                                   
                                                                                                                                
COMMISSIONER  VINCENT-LANG said  he  abides  by management  plans                                                               
issued  by the  Board of  Fisheries (BOF),  which determines  the                                                               
allocation of resources  in Cook Inlet.  As  commissioner, he can                                                               
use   his  emergency   order  authority   to  ensure   escapement                                                               
objectives are met within the confines of a management plan.                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ asked  whether the commissioner presents                                                               
recommendations  or possible  future research  strategies to  the                                                               
[BOF].                                                                                                                          
                                                                                                                                
2:28:30 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  VINCENT-LANG  expressed  his  hope  [BOF]  provides                                                               
sufficient  management  flexibility  to  accomplish  the  board's                                                               
stated goals.  He said:                                                                                                         
                                                                                                                                
     For instance, ... whether  I have sufficient management                                                                    
     authority to be  able to commercially put  fish in Cook                                                                    
     Inlet without  drawing the bank  account down  to zero,                                                                    
     and still  have some personal use  opportunity, because                                                                    
     I  think  the  board  wants  to  provide  that  balance                                                                    
     between   commercial  and   personal   use  and   sport                                                                    
     opportunity.  ... Again,  that  mix is  decided by  the                                                                    
     Board of [Fisheries], not by me.                                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK directed  attention to  ocean acidification,                                                               
and factors in  the ocean that affect salmon runs,  and asked for                                                               
comments.                                                                                                                       
                                                                                                                                
COMMISSIONER VINCENT-LANG  said he  could not  do much  about the                                                               
temperature of the ocean.  He  said he was searching for national                                                               
and  international  partners to  conduct  research  in the  North                                                               
Pacific Ocean to further understanding.   In many cases the state                                                               
meets its escapement  objectives, but is not  getting the desired                                                               
return; because part of the problem  may be bycatch, ADFG and the                                                               
[North  Pacific   Fishery  Management  Council]  may   explore  a                                                               
rationalization program that  gives us a benefit  back on reduced                                                               
bycatch  out in  certain fisheries;  however, if  the problem  is                                                               
related to  temperature, all  ADFG can  do is  ensure escapement.                                                               
Commissioner Vincent-Lang described an ongoing study.                                                                           
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked, "So,  what do  you see  right and                                                               
what do you see wrong ... what do we need to improve on?"                                                                       
                                                                                                                                
COMMISSIONER  VINCENT-LANG  opined  the  state  should  hold  the                                                               
commissioner  responsible for  an  optimal  return on  investment                                                               
from  ADFG's budget  of $197  million, of  which $65  million are                                                               
general funds;  currently, ADFG is  returning $11 billion  due to                                                               
overall  good  management  of resources  that  provides  economic                                                               
opportunity.   He said the  department could do better  with more                                                               
money, and  would do  worse with less  money, because  less money                                                               
means a more  conservative management of fish  and game resources                                                               
and less economic opportunity.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS questioned  whether a non-consumptive user                                                               
should be appointed to the Board of Game.                                                                                       
                                                                                                                                
COMMISSIONER   VINCENT-LANG  pointed   out   board  members   are                                                               
appointed  by the  governor [and  confirmed by  the legislature].                                                               
In  his experience,  valuable  board members  are  those who  are                                                               
active participants, are willing to  serve, and who make informed                                                               
decisions, whether they are wildlife viewers or hunters.                                                                        
                                                                                                                                
CO-CHAIR  LINCOLN opened  public  testimony  on the  confirmation                                                               
hearing of Commissioner Designee Vincent-Lang.                                                                                  
                                                                                                                                
2:34:33 PM                                                                                                                    
                                                                                                                                
SAM  ROHRER, President,  Alaska Professional  Hunters Association                                                               
(APHA), stated his  support for the confirmation  of Mr. Vincent-                                                               
Lang,  Commissioner   Designee,  ADFG.    He   said  Commissioner                                                               
Vincent-Lang  is  building trust  between  ADFG  and the  public.                                                               
While  serving as  director  of the  Division  of Wildlife,  APHA                                                               
found  Commissioner   Vincent-Lang  willing  to  meet   with  all                                                               
stakeholders  and  work through  controversial  issues.   In  the                                                               
event  of  disagreement, APHA's  perspective  was  heard and  the                                                               
commissioner's stance was clear.   Mr. Rohrer said APHA feels the                                                               
commissioner's first priority is  wildlife conservation and sound                                                               
scientific  management,  and  that  he  also  supports  statewide                                                               
wildlife   management  authority,   and   will  maintain   ADFG's                                                               
preeminent position.                                                                                                            
                                                                                                                                
2:36:44 PM                                                                                                                    
                                                                                                                                
SYLVIA PANZARELLA said  she and her husband have  lived in Alaska                                                               
for almost 20  years and they strongly  oppose Mr. Vincent-Lang's                                                               
confirmation  as commissioner  of ADFG.   Although  they are  not                                                               
opposed to ethical hunting for food,  which can be a privilege or                                                               
a necessity, she and her  husband attribute Commissioner Vincent-                                                               
Lang's   wildlife   management    strategies   to   Safari   Club                                                               
International.   Ms.  Panzarella said  Safari Club  International                                                               
[members]  kill  elephant, lion,  and  endangered  species.   Mr.                                                               
Vincent-Lang  has  been an  officer  of  the Safari  Club  Alaska                                                               
Chapter  and appointed  a Safari  Club registered  lobbyist to  a                                                               
position at ADFG.   She characterized members of  the Safari Club                                                               
as  wealthy,  extremist,  unethical,  and  cruel.    Furthermore,                                                               
predators keep  a herd healthy  by culling  the sick and  weak in                                                               
comparison  to  extreme  sports  hunters who  kill  the  big  and                                                               
strong, a  management style that  creates an unnatural  number of                                                               
species  specifically  for Outside  hunters.    She credited  the                                                               
aforementioned  statement   to  Alaskan  biologists   and  Native                                                               
elders.                                                                                                                         
                                                                                                                                
2:39:52 PM                                                                                                                    
                                                                                                                                
MARK  RICHARDS, Executive  Director, Resident  Hunters of  Alaska                                                               
(RHAK)  informed the  committee  RHAK  represents 2,000  Alaskans                                                               
across the  state who  support a resident  hunting priority.   He                                                               
stated RHAK's strong support  for Mr. Vincent-Lang's confirmation                                                               
as ADFG commissioner; the commissioner  designee is qualified due                                                               
to  his  long  background  with the  department  and  his  strong                                                               
support for the  state's right to manage its  wildlife.  Finally,                                                               
Mr.  Vincent-Lang  is  willing  to  engage  with  the  public  on                                                               
controversial matters.                                                                                                          
                                                                                                                                
2:41:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN, after  ascertaining no  one further  wished to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
REPRESENTATIVE  RASMUSSEN asked  whether the  commissioner has  a                                                               
conflict as a member of the Safari Club.                                                                                        
                                                                                                                                
COMMISSIONER VINCENT-LANG  said he resigned from  the Safari Club                                                               
International.   He recalled  he joined the  Safari Club  to seek                                                               
funds raised  by the Safari  Club Banquet and Fundraiser  for two                                                               
conservation projects  and an annual  donation of $25,000  to the                                                               
Outdoor Heritage Foundation.                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO observed  there  have  been extreme  and                                                               
ugly reactions to the fact  that mycoplasma ovipneumoniae (M.ovi)                                                               
has  been  found in  some  Alaska  wild  game.   He  opined  more                                                               
scientific research is needed before decisions are reached.                                                                     
                                                                                                                                
COMMISSIONER  VINCENT-LANG  agreed  more research  is  needed  to                                                               
understand all aspects of the  M.ovi virus; however, he cautioned                                                               
a massive outbreak  could affect sheep and goat  populations.  He                                                               
said  he seeks  a balance  - not  overly burdensome  to livestock                                                               
owners -  that will prevent  transmittal from domestic  [sheep or                                                               
goats]  into wild  sheep or  goat  populations; therefore,  along                                                               
with the  Department of Natural  Resources and the  Department of                                                               
Environmental  Conservation,  ADFG   is  working  on  regulations                                                               
directing that a new domestic  animal must be tested before entry                                                               
in Alaska,  in a manner similar  to testing dogs for  rabies.  He                                                               
noted [Government  of Yukon, Canada]  has taken steps  to protect                                                               
its wild sheep and goat populations.                                                                                            
                                                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER inquired as to  the measures taken by the                                                               
Government of Yukon.                                                                                                            
                                                                                                                                
2:46:14 PM                                                                                                                    
                                                                                                                                
COMMISSIONER VINCENT-LANG  said Yukon  has closed its  borders to                                                               
animals  without  proof  they  are   healthy.    He  returned  to                                                               
Representative  Rauscher's previous  question  and expressed  his                                                               
desire  to strengthen  communication between  the public  and the                                                               
department.                                                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN questioned whether  the commissioner has studied                                                               
polar bear  habitat and  migratory bird  management on  the North                                                               
Slope.                                                                                                                          
                                                                                                                                
COMMISSIONER VINCENT-LANG  said he  was on the  [Alaska Migratory                                                               
Bird  Co-Management Council]  and  was involved  with polar  bear                                                               
issues while serving on various  organizations; the state opposed                                                               
the listing of  polar bears under the [Endangered  Species Act of                                                               
1973] that  set a  precedent resulting in  the listing  of ringed                                                               
seals,  both of  which  are protected  under  the [Marine  Mammal                                                               
Protection Act  of 1972].   The department worked with  the North                                                               
Slope Borough so  the customary and traditional  hunting of polar                                                               
bears could continue.                                                                                                           
                                                                                                                                
REPRESENTATIVE  RASMUSSEN asked  whether ADFG  has begun  issuing                                                               
electronic hunting and fishing licenses.                                                                                        
                                                                                                                                
COMMISSIONER  VINCENT-LANG   said  the  department   is  "getting                                                               
closer" in this regard.                                                                                                         
                                                                                                                                
2:50:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  encouraged ADFG to sell  fishing licenses at                                                               
its office in Kodiak.                                                                                                           
                                                                                                                                
CO-CHAIR  LINCOLN surmised  there is  a disconnect  between state                                                               
and  federal management  of  hunting and  fishing,  in regard  to                                                               
rural  preference,  and  asked the  commissioner  to  comment  on                                                               
possible reconciliation of state and federal law.                                                                               
                                                                                                                                
COMMISSIONER   VINCENT-LANG  expressed   his   support  for   the                                                               
subsistence  priority  in  state  law.    The  state  subsistence                                                               
priority  provides benefits;  for example,  nonrural participants                                                               
retain  priority  under  certain  circumstances,  but  under  the                                                               
federal system,  they do not.   He  opined ADFG learned  from the                                                               
federal  closure of  the Yukon  River to  non-federally qualified                                                               
users.   He  stated  his  commitment to  manage  for the  state's                                                               
subsistence priority; although the  state must negotiate with its                                                               
federal partners  on conservation  issues, some  federal policies                                                               
are  misplaced  and  limit  non-subsistence  uses  based  on  the                                                               
"quality  of  hunting experiences  and  other  things ...."    In                                                               
further  response to  Co-Chair  Lincoln, he  gave  an example  in                                                               
Southeast  where hunts  were limited  to non-federally  qualified                                                               
users,  not because  of conservation  reasons, but  because rural                                                               
residents sought a higher bag limit.                                                                                            
                                                                                                                                
CO-CHAIR  LINCOLN concluded  the  commissioner's  belief is  that                                                               
subsistence  priority should  be limited  exclusively to  harvest                                                               
limits.                                                                                                                         
                                                                                                                                
COMMISSIONER VINCENT-LANG continued:                                                                                            
                                                                                                                                
     The   default   should   be   the   state   subsistence                                                                    
     regulations unless  there, unless  there's conservation                                                                    
     reasons,  which under  [Alaska National  Interest Lands                                                                    
     Conservation Act (ANICLA)], the  reasons that they, the                                                                    
     Federal Subsistence  Board, should be taking  action to                                                                    
     close non-federally qualified hunters.                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN advised an issue  in the Northwest Arctic is the                                                               
population  of the  caribou herd,  which is  lower, but  is still                                                               
relatively healthy.  Co-Chair Lincoln remarked:                                                                                 
                                                                                                                                
     Some  of the,  the types  of hunting  and practices  at                                                                    
     least from  the local  perspective [are]  impacting not                                                                    
     just  the population  levels, but  how local  residents                                                                    
     are able to hunt and  continue to hunt in a traditional                                                                    
     manner  like on  the rivers  ... and  along traditional                                                                    
     migratory routes.... ...  In your view, as  long as the                                                                    
     number  of animals  is, is  healthy then  you wouldn't,                                                                    
     [it] wouldn't be your role  to impact how hunting takes                                                                    
     place to, to benefit subsistence users.                                                                                    
                                                                                                                                
COMMISSIONER VINCENT-LANG  referred to a BOG  regulation to allow                                                               
taking of bear  out of dens in the Yukon  area, which was adopted                                                               
by  BOG in  response  to  a proposal  by  local Native  residents                                                               
requesting  an  opportunity  to  teach  youth  about  traditional                                                               
spring bear hunting;  this was a limited  opportunity provided by                                                               
BOG under  subsistence regulations,  and the  Federal Subsistence                                                               
Board subsequently  closed the  opportunity.   In that  case, the                                                               
default  regulation should  have  been the  state regulation,  as                                                               
long as conservation is unaffected.                                                                                             
                                                                                                                                
CO-CHAIR LINCOLN asked for descriptions  of the top three ongoing                                                               
conflicts between user groups.                                                                                                  
                                                                                                                                
2:56:00 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  VINCENT-LANG  explained  the  Cook  Inlet  conflict                                                               
between personal use/sport fishing  and commercial salmon fishing                                                               
is clearly  a conflict.   Also, meeting  the demand  for wildlife                                                               
from   a  growing   population  is   challenging;  for   example,                                                               
[management  of the]  Nelchina caribou  and  moose population  in                                                               
Game Management  Unit (GMU) 16,  and the moose population  in GMU                                                               
20.   Finally,  ADFG needs  to continue  returning investment  to                                                               
state.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   TUCK  surmised   the  administration   seeks  to                                                               
transfer power  from the commissioners of  state departments; for                                                               
example, administrative  directors have  been centralized  in the                                                               
Office of  Management and Budget,  and he questioned  the ability                                                               
of any  commissioner to properly  manage his/her department.   He                                                               
expressed hope for the commissioner's success.                                                                                  
                                                                                                                                
COMMISSIONER  VINCENT-LANG  opined   ADFG's  current  budget  was                                                               
largely left intact.                                                                                                            
                                                                                                                                
3:00:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN read the following statement:                                                                                  
                                                                                                                                
     The [House  Resources Standing Committee]  has reviewed                                                                    
     the qualifications for the  governor's appointee to the                                                                    
     Alaska Department  of Fish and Game,  Commissioner Doug                                                                    
     Vincent-Lang and recommends that  the name be forwarded                                                                    
     to a  joint session for  consideration.  This  does not                                                                    
     reflect intent  by any  member present  to vote  for or                                                                    
     against  this individual  during  any further  sessions                                                                    
     for the purpose of confirmation.                                                                                           
                                                                                                                                
3:00:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at [3:00]                                                                    
p.m.                                                                                                                            

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SJR7 Supporting Document - Email in Support Cathy Duxbury 3.8.19.pdf HRES 3/8/2019 1:20:00 PM
SJR 7
SJR7 Supporting Document - Email in Support Patrick Walsh 3.7.19.pdf HRES 3/8/2019 1:20:00 PM
SJR 7
SJR 7 Supporting Document - Email in support Kelly Droop 3.7.19.pdf HRES 3/8/2019 1:20:00 PM
SJR 7
RHAK Letter of Support Doug Vincent-Lang ADF&G Commissioner.pdf HRES 3/8/2019 1:20:00 PM
Fish and Game Commissioner
SJR7 Amendment One Hopkins 3.8.19.pdf HRES 3/8/2019 1:20:00 PM
SJR 7
SJR7 Supporting Document - Email in Support Bob Stinson 3.8.19.pdf HRES 3/8/2019 1:20:00 PM
SJR 7