Legislature(1997 - 1998)

04/30/1998 01:30 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                    
                   April 30, 1998                                              
                     1:30 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Bill Hudson, Co-Chairman                                        
Representative Scott Ogan, Co-Chairman                                         
Representative Beverly Masek, Vice Chair                                       
Representative Ramona Barnes                                                   
Representative Fred Dyson                                                      
Representative Joe Green                                                       
Representative William K. (Bill) Williams                                      
Representative Irene Nicholia                                                  
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Reggie Joule                                                    
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
HOUSE BILL NO. 274                                                             
"An Act relating to the qualifications of the members of the Alaska            
Oil and Gas Conservation Commission; and providing for an effective            
date."                                                                         
                                                                               
     - MOVED CSHB 274(RES) OUT OF COMMITTEE                                    
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 13                                             
Relating to management of Alaska's wildlife resources.                         
                                                                               
     - MOVED CSHCR 13(RES) OUT OF COMMITTEE                                    
                                                                               
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 262(RES)                              
"An Act relating to regulation of hunting and trapping, to the                 
definition of 'sustained yield,' and to controlled use areas."                 
                                                                               
     - MOVED HCS CSSB 262(RES) OUT OF COMMITTEE                                
HOUSE BILL NO. 440                                                             
"An Act relating to certain audits regarding oil and gas royalty               
and net profits and to audits regarding costs relating to                      
exploration incentive credits and oil and gas exploration licenses;            
and providing for an effective date."                                          
                                                                               
     - SCHEDULED BUT NOT HEARD                                                 
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 274                                                                   
SHORT TITLE: OIL & GAS CONSERVATION COMMISSION                                 
SPONSOR(S): REPRESENTATIVES(S) GREEN                                           
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 5/08/97      1656     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 5/08/97      1656     (H)  O&G, RES                                           
 1/15/98               (H)  O&G AT 10:00 AM CAPITOL 124                        
 1/15/98               (H)  MINUTE(O&G)                                        
 1/22/98               (H)  O&G AT 11:00 AM CAPITOL 124                        
 1/22/98               (H)  MINUTE(O&G)                                        
 2/05/98               (H)  O&G AT 10:00 AM CAPITOL 124                        
 2/05/98               (H)  MINUTE(O&G)                                        
 2/12/98               (H)  O&G AT 11:00 AM CAPITOL 124                        
 2/12/98               (H)  MINUTE(O&G)                                        
 2/20/98      2382     (H)  O&G RPT  CS(O&G) 3DP 4NR                           
 2/20/98      2383     (H)  DP: BUNDE, HODGINS, ROKEBERG;                      
 2/20/98      2383     (H)  NR: KEMPLEN, RYAN, OGAN, BRICE                     
 2/20/98      2383     (H)  ZERO FISCAL NOTE (H.O&G)                           
 2/20/98      2383     (H)  REFERRED TO RES                                    
 3/10/98               (H)  RES AT  1:00 PM CAPITOL 124                        
 3/10/98               (H)  MINUTE(RES)                                        
 4/22/98               (H)  RES AT  5:00 PM CAPITOL 408                        
 4/22/98               (H)  MINUTE(RES)                                        
                                                                               
BILL: HCR 13                                                                   
SHORT TITLE: MANAGEMENT OF WILDLIFE RESOURCES                                  
SPONSOR(S): REPRESENTATIVES(S) VEZEY, Ryan, Ogan, Therriault,                  
James, Bunde                                                                   
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 2/24/97       441     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 2/24/97       441     (H)  RESOURCES                                          
 3/05/97       549     (H)  COSPONSOR(S): JAMES                                
 3/12/97       647     (H)  COSPONSOR(S): BUNDE                                
 4/30/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
BILL: SB 262                                                                   
SHORT TITLE: MANAGEMENT OF HUNTING                                             
SPONSOR(S): SENATOR(S) TAYLOR                                                  
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 1/27/98      2318     (S)  READ THE FIRST TIME - REFERRAL(S)                  
 1/27/98      2318     (S)  RESOURCES                                          
 2/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 2/23/98               (S)  MINUTE(RES)                                        
 3/23/98               (S)  RES AT  3:30 PM BUTROVICH ROOM 205                 
 3/23/98               (S)  MINUTE(RES)                                        
 3/24/98               (S)  RLS AT 11:45 AM FAHRENKAMP RM 203                  
 3/24/98               (S)  MINUTE(RLS)                                        
 3/24/98      2969     (S)  RES RPT  CS  5DP 1DNP       NEW TITLE              
 3/24/98      2970     (S)  DP: HALFORD, TAYLOR, SHARP, GREEN,                 
 3/24/98      2970     (S)  TORGERSON; DNP: LINCOLN                            
 3/24/98      2970     (S)  ZERO FISCAL NOTE TO SB & CS (F&G)                  
 4/01/98      3092     (S)  RULES TO CALENDAR  4/1/98                          
 4/01/98      3092     (S)  READ THE SECOND TIME                               
 4/01/98      3093     (S)  RES  CS ADOPTED UNAN CONSENT                       
 4/01/98      3093     (S)  ADVANCED TO THIRD READING UNAN                     
                            CONSENT                                            
 4/01/98      3093     (S)  READ THE THIRD TIME  CSSB 262(RES)                 
 4/01/98      3093     (S)  PASSED Y14 N6                                      
 4/01/98      3093     (S)  ELLIS  NOTICE OF RECONSIDERATION                   
 4/02/98      3117     (S)  RECONSIDERATION NOT TAKEN UP                       
 4/02/98      3117     (S)  TRANSMITTED TO (H)                                 
 4/03/98      2865     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/03/98      2865     (H)  RESOURCES, FINANCE                                 
 4/14/98               (H)  RES AT  5:00 PM CAPITOL 124                        
 4/14/98               (H)  MINUTE(RES)                                        
 4/23/98               (H)  RES AT  1:00 PM CAPITOL 124                        
 4/23/98               (H)  MINUTE(RES)                                        
 4/30/98               (H)  RES AT  1:00 PM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
No witness register                                                            
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-53, SIDE A                                                             
Number 001                                                                     
                                                                               
CO-CHAIRMAN SCOTT OGAN called the House Resources Standing                     
Committee meeting to order at 1:30 p.m.  Members present at the                
call to order were Representatives Ogan, Dyson, Barnes, Green and              
Hudson.  Representatives Williams and Masek arrived at 1:31 p.m.               
and 1:35 p.m., respectively.  Representative Nicholia arrived                  
sometime after the call to order.                                              
                                                                               
[MOST OF REPRESENTATIVE NICHOLIA'S TESTIMONY IS INAUDIBLE]                     
HB 274 - OIL & GAS CONSERVATION COMMISSION                                     
                                                                               
CO-CHAIRMAN OGAN called on Representative Ramona Barnes to present             
the report on HB 274 from the subcommittee.                                    
                                                                               
Number 016                                                                     
                                                                               
REPRESENTATIVE RAMONA BARNES stated the subcommittee has done                  
extensive work on HB 274.  She reported Howard Grey of Anchorage               
and past president of the Professional Geologist Association (PGA)             
was contacted at the suggestion of Leo Mark Anthony regarding the              
petroleum geologists in Alaska.  He explained that there are                   
between 130 and 140 American Institute of Professional Geologists              
(AIPG) members in Alaska who are registered with PGA.  He further              
explained that the number could be doubled because there are                   
between 130 and 140 geologists working in Alaska who have not                  
registered with the association, but would otherwise probably                  
qualify.  He also estimated that of the 300 to 400 geologists in               
Alaska probably 100 are involved in some way with the oil industry             
and who may qualify under the bill to become a member of the Alaska            
Oil and Gas Conservation Commission.  Mr. Grey upon receipt of the             
proposed committee substitute said that the changes to the existing            
law were fine and that it was a valid idea to replace the term                 
"professional" with the term "petroleum" and cited arguments                   
presented by Representative Joe Green that licensure is not                    
mandatory to work within the industry in Alaska.  When asked                   
whether he thought the changes to the law would affect the size of             
the pool of applicants, he replied yes it was probable.  However,              
he felt that the wording of the bill would likely ratchet up the               
quality of individuals making up the pool.  The changes would give             
access to a greater number of individuals who would be more certain            
to qualify as members of the commission.  In addition, defining the            
qualified geologist as a "petroleum geologist" would also help                 
ensure well-qualified individuals for the commission.  To use his              
words, he said it probably would result in ... "A pretty good field            
to draw from."                                                                 
                                                                               
REPRESENTATIVE BARNES further stated that Mr. Leo Mark Anthony of              
Anchorage did not recall specific numbers, but noted there are many            
registered geologists in Alaska.  He also pointed out that AIPG is             
the primary qualifier.  It provides qualified applicants with a                
certificate and the state provides registration upon the                       
presentation of the AIPG certificate and the required money.  Mr.              
Anthony suggested when seeking applicants for the commission one               
should probably look for qualified, registered geologists within               
the petroleum industry who have at least 10 years of experience.               
The experience would be necessary to assure a knowledgeable                    
applicant.                                                                     
                                                                               
REPRESENTATIVE BARNES further stated that Catherine Reardon,                   
Director of Occupational Licensing, Department of Commerce,                    
explained the registration process under AS 08.02.011.  She stated             
registration is voluntary in Alaska and there is no renewal                    
process.  The problem is that few other states do it like Alaska               
resulting in many geologists from other states applying and                    
obtaining registration in Alaska.  Of the about 400 geologists                 
listed as registered, she estimates that only half live and work in            
Alaska.  A similar problem exists when attempting to tabulate the              
number of petroleum engineers.  Ms. Reardon noted that the records             
show a total of 89 petroleum engineers registered, and of that                 
number, 40 have provided out-of-state addresses.  That leaves just             
49 instate petroleum engineers.                                                
                                                                               
REPRESENTATIVE BARNES further stated that in a letter from                     
Assistant Attorney General Robert Mintz he indicated there were 579            
petroleum engineers employed within the state of Alaska in 1996,               
the most recent year from which data are available.  In both cases,            
it is unknown whether the individuals listed as petroleum engineers            
would actually qualify for the commission under the proposed bill.             
Mr. Mintz also pointed out that the number is not a reliable                   
estimate for determining who would qualify under the proposal.                 
                                                                               
REPRESENTATIVE BARNES further stated that Dave Johnston, the                   
petroleum geologist on the commission now, explained that the term             
"petroleum engineer" is an imprecise definition.  No one can                   
statistically answer how many petroleum engineers there are or how             
many there are in each category or speciality, such as subsurface.             
Mr. Johnston felt that to obtain an accurate count most likely                 
would require examining each individual and in whatever file is                
used.  Yet, he does not think that it will change the numbers                  
greatly.  He also pointed out that the way to improve HB 274 is to             
change the word "or" to "and" under 2(A).  Others, however, have               
indicated that such a change is unnecessary to redundant.  He also             
suggested making licensure a goal rather than a requirement.  There            
are many well-qualified engineers without licenses, although it is             
not difficult to obtain.                                                       
                                                                               
Number 165                                                                     
                                                                               
REPRESENTATIVE BARNES noted that there is a proposed committee                 
substitute for HB 274, version 0-LS0998\Q, Glover, 4/28/98.                    
                                                                               
REPRESENTATIVE BARNES explained the following language in Section              
1 has been deleted:                                                            
                                                                               
     "Before making an appointment, the governor may solicit                   
     the recommendations of professional or industry                           
     representatives for appointment of a commissioner."                       
                                                                               
REPRESENTATIVE BARNES stated it is unnecessary to include verbiage             
allowing a governor to seek council with professional or industry              
representatives when he already has that power.                                
                                                                               
REPRESENTATIVE BARNES further explained that the previous Section              
2 is now Section 1.  On page 2, line 7, the language "and the                  
person completes university or industry training" has been added.              
It was added with the intent of increasing the quality of the pools            
from which candidates are drawn for the commission.                            
                                                                               
Number 196                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Representative Barnes which proposed                    
committee substitute is the new one.                                           
                                                                               
REPRESENTATIVE BARNES replied version "Q."                                     
                                                                               
Number 0208                                                                    
                                                                               
CO-CHAIRMAN BILL HUDSON asked Representative Barnes whether she has            
taken the proposed committee substitute and put it into the "Q"                
version.                                                                       
                                                                               
REPRESENTATIVE BARNES replied the "Q" version is the new proposed              
committee substitute from the subcommittee.                                    
                                                                               
Number 215                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
adopt the proposed committee substitute for HB 274, version 0-                 
LS0998\Q, Glover, 4/28/98.  There being no objection, it was so                
adopted.                                                                       
                                                                               
CO-CHAIRMAN OGAN asked Representative Barnes to explain the changes            
to the committee substitute again.                                             
                                                                               
REPRESENTATIVE BARNES explained the following language in Section              
1 has been deleted:                                                            
                                                                               
     "Before making an appointment, the governor may solicit                   
     the recommendations of professional or industry                           
     representatives for appointment of a commissioner."                       
                                                                               
REPRESENTATIVE BARNES further explained on page 2, line 12, of                 
version "P", the language "including and completing course work"               
has been deleted and the language "and the person completes                    
university or industry training" has been inserted.                            
                                                                               
REPRESENTATIVE JOE GREEN noted his appreciation of the work that               
the subcommittee members have done.  The bill is better.  The only             
reason for the provision in Section 1, which has been removed, was             
to jab at the Governor.  He has maintained steadfastly that there              
aren't qualified individuals causing him to go out of the realm of             
what is necessary for the job.  For two years now he has nominated             
people who are obviously not qualified.                                        
                                                                               
Number 265                                                                     
                                                                               
CO-CHAIRMAN HUDSON made a motion to move the proposed committee                
substitute for HB 274, version 0-LS0998/Q, Glover, 4/28/98, out of             
the committee with individual recommendations and the attached zero            
fiscal note.                                                                   
                                                                               
Number 273                                                                     
                                                                               
REPRESENTATIVE IRENE NICHOLIA asked Representative Barnes whether              
the "Q" version would still restrict the pool to 25 persons.                   
                                                                               
REPRESENTATIVE BARNES replied it would not restrict the pool to 25             
persons, according to the research.  There are a lot of individuals            
who do not show up on the registers, but who work for oil                      
companies.  There is probably a pool of over 500.                              
                                                                               
CO-CHAIRMAN OGAN noted that there being no objection to the motion,            
CSHB 274(RES) was so moved from the House Resources Standing                   
Committee.                                                                     
HCR 13 - MANAGEMENT OF WILDLIFE RESOURCES                                      
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was HCR 13,              
Relating to management of Alaska's wildlife resources.                         
                                                                               
CO-CHAIRMAN OGAN noted that there is a proposed committee                      
substitute, version 0-LS1771\E, Utermohle, 4/22/98, and an                     
amendment.  He entertained a motion to adopt the proposed committee            
substitute.                                                                    
                                                                               
Number 299                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
adopt the proposed committee substitute for HCR 13, version 0-                 
LS1771\E, Utermohle, 4/22/98.                                                  
                                                                               
Number 300                                                                     
                                                                               
REPRESENTATIVE NICHOLIA asked whether the Department of Law is                 
available.                                                                     
                                                                               
CO-CHAIRMAN OGAN stated the department was invited.                            
                                                                               
CO-CHAIRMAN HUDSON stated the department decided not to show up and            
reminded the committee members that a motion is on the table.                  
                                                                               
Number 365                                                                     
                                                                               
REPRESENTATIVE NICHOLIA objected to the motion.  A roll call vote              
was taken.  Representatives Barnes, Dyson, Masek, Williams, Hudson             
and Ogan voted in favor of the motion.  Representative Nicholia                
voted against the motion.  Representatives Green and Joule were                
absent.  The motion carried.                                                   
                                                                               
CO-CHAIRMAN OGAN explained when Alaska became a state it was given             
the right to navigable waters based on the equal footing doctrine              
specifically addressed in the Alaska Statehood Act.  Navigable                 
waters were transferred to the states in 1953 under the Submerged              
Lands Act.  On page 2, line 25 of the resolution, the citation to              
the court case was not included because it has not been recorded               
yet.  It is that recent of a case.  It is interesting to note that             
Justice Sandra Day O'Connor in writing the opinion of the United               
States Supreme Court for United States v. Alaska (___U.S.___(1997))            
said, "Ownership of submerged lands -- which carries with it the               
power to control ... fishing, and other public uses of water -- is             
an essential attribute of sovereignty ..."  He wants to establish              
via the resolution to the Secretary of Interior that the federal               
government does not have the right to manage fisheries in navigable            
waters.                                                                        
                                                                               
CO-CHAIRMAN OGAN made a motion to adopt Amendment 1.  It reads as              
follows:                                                                       
                                                                               
     TO:  CSHCR 13(RES)                                                        
                                                                               
          Page 3, line 3                                                       
                                                                               
               Insert    "WHEREAS is it the position of                        
                         the Alaska State Legislature                          
                         that ANILCA did not                                   
                         specifically preempt state                            
                         management nor grant specific                         
                         authority to the Secretaries of                       
                         Agriculture and Interior to                           
                         preempt state management of                           
                         navigable waters and submerged                        
                         lands."                                               
                                                                               
          Page 3, line 9                                                       
                                                                               
               Insert    "FURTHER RESOLVED the Alaska                          
                         State Legislature respectfully                        
                         requests the U.S. Congress to                         
                         promptly clarify that ANILCA                          
                         did not preempt nor diminish                          
                         state sovereign authorities                           
                         over its own lands, waters and                        
                         resources."                                           
                                                                               
REPRESENTATIVE NICHOLIA objected.                                              
                                                                               
REPRESENTATIVE BILL WILLIAMS asked how would the Katie John case               
affect the resolution.  Didn't it go all the way to the Supreme                
Court of the United States? he asked.                                          
                                                                               
CO-CHAIRMAN OGAN replied the Katie John case went all the way to               
the Ninth Circuit Court of Appeals.  The appeal to the Supreme                 
Court of the United States was denied.                                         
                                                                               
REPRESENTATIVE WILLIAMS asked:  What is the resolution trying to               
do?  Is it trying to show that the Supreme Court is wrong?  The                
Supreme Court didn't want to hear the Katie John case because there            
wasn't enough justification.  The attorneys indicated that if the              
Supreme Court didn't want to hear the Venetie case then it is the              
supreme law of the land.  The Supreme Court has already indicated              
that it doesn't want to hear something similar to what the                     
resolution is asking.  What are we doing? he asked.                            
                                                                               
CO-CHAIRMAN OGAN replied the resolution asks Congress to clarify               
that the Alaska National Interest Lands Conservation Act (ANILCA)              
did not preempt a state's sovereign authority over its lands and               
waters.  Alaska was clearly given the right to manage its own                  
navigable waters when it became a state.                                       
                                                                               
REPRESENTATIVE WILLIAMS replied Alaska was also given the right on             
the 90-10 split.  What happened to that? he asked.  It did the same            
thing that is being discussed now.  The federal government can come            
in anytime it wants and do anything it wants.  Just like the state             
government can go onto state property and do and say anything it               
wants.  He doesn't see the rationale for the resolution.  He would             
like to hear from the Department of Law or the legislature's                   
attorneys.  "We always go about saying that we're all not                      
attorneys, but we try to act like it ... some of us," he declared.             
                                                                               
REPRESENTATIVE BARNES stated she doesn't believe a word that the               
attorney general says.  Just because the Supreme Court did not hear            
the Katie John case and the 90-10 split doesn't mean that it would             
not hear them at another time under a different set of facts.  In              
addition, Katie John would only be law under the Ninth Circuit                 
Court of Appeals.  It would not be law anywhere else in the                    
country.                                                                       
                                                                               
REPRESENTATIVE WILLIAMS stated, according to what he has been told,            
if the Supreme Court didn't want to hear the Venetie case, it would            
be considered the law of the land.  Therefore, is Katie John the               
law now? he asked.                                                             
                                                                               
REPRESENTATIVE BARNES replied, "No it is not."                                 
                                                                               
REPRESENTATIVE WILLIAMS replied he thinks it is.  "I don't think we            
can't just pick and choose anything that we want, Mr. Chairman."               
                                                                               
CO-CHAIRMAN OGAN stated he has heard Representative Williams say               
many times that he doesn't want the federal government to manage               
the state's resources.  The resolution is asking Congress to                   
clarify that ANILCA did not intend for a takeover of fish and game,            
especially navigable waters.  He paraphrased the provisions in the             
resolution.                                                                    
                                                                               
REPRESENTATIVE WILLIAMS stated he could argue any of the cases                 
mentioned in the resolution.  Katie John was taken to the Supreme              
Court, but not heard, so it doesn't mean anything, according to                
Representative Barnes.  Therefore, why wasn't Katie John put in the            
resolution to give it more credence? he asked.                                 
                                                                               
CO-CHAIRMAN OGAN stated Representative Williams can make a motion              
for an amendment at anytime.                                                   
                                                                               
REPRESENTATIVE WILLIAMS replied he believes that Katie John is the             
law of the land because it went to the Supreme Court.                          
                                                                               
CO-CHAIRMAN OGAN replied it wasn't decided by the Supreme Court.               
The conversation is way off track.  The amendment asks that ANILCA             
did not specifically preempt Alaska's sovereign authority over its             
lands.                                                                         
                                                                               
REPRESENTATIVE WILLIAMS replied he is not out of order.  Katie John            
specifically talks about submerged lands.                                      
                                                                               
CO-CHAIRMAN OGAN replied he didn't say that he was out of order.               
                                                                               
REPRESENTATIVE BEVERLY MASEK noted Representative Barnes stated                
clearly that Katie John has not really been addressed or resolved              
by the courts.  She supports the amendment.  The language is                   
important to add to the resolution.                                            
                                                                               
Number 503                                                                     
                                                                               
CO-CHAIRMAN HUDSON wondered how the dialogue has moved away from               
the original resolution, by Representative Al Vezey, of the                    
management of Alaska's wildlife resources to navigable waters.  He             
doesn't feel comfortable with it and doesn't believe there are the             
votes to move it from the committee.  He wants to hear from the                
original sponsor of the resolution.  He also wants to know where               
the changes took place.  Was this something that Co-Chairman Ogan              
did independently? he asked.                                                   
                                                                               
CO-CHAIRMAN OGAN replied he asked the original sponsor and he did              
not object to changing the resolution into what it is now.  In                 
light of the shortness of the session, he took advantage of using              
it as the vehicle for a resolution.                                            
                                                                               
Number 526                                                                     
                                                                               
REPRESENTATIVE NICHOLIA stated regardless of how it is put Katie               
John is the law, which is why the state is in its predicament.                 
There is a deadline in front of the state.  There is clear evidence            
that it is the law.                                                            
                                                                               
Number 540                                                                     
                                                                               
CO-CHAIRMAN OGAN replied the majority opinion of the court begged              
for a legislative solution.  The resolution is simply asking                   
Congress to clarify that ANILCA did not preempt a state's sovereign            
authority.  There are reams of case law in the Supreme Court of the            
United States that back up the assertion.  He believes, if the                 
state can get its day in court, that the Supreme Court would rule              
in favor of it.  Justice Sandra Day O'Connor isn't going to reverse            
her opinion that submerged lands carry the power to control                    
fishing, he declared.                                                          
                                                                               
CO-CHAIRMAN OGAN noted at this time there isn't a quorum to take               
further action on the bill.                                                    
                                                                               
REPRESENTATIVE NICHOLIA stated she thinks that Congress has                    
clarified its position on a number of times.  According to Alaska's            
congressional delegation, the Katie John case is in front of the               
state and it needs to resolve the issue before the deadline.  She              
does not see Congress coming forth and clarifying the issue.                   
                                                                               
CO-CHAIRMAN OGAN replied he hears what Representative Nicholia is              
saying.                                                                        
                                                                               
CO-CHAIRMAN OGAN called for a brief at ease.                                   
                                                                               
CO-CHAIRMAN OGAN called the meeting back to order and adjourned the            
meeting to the call of the chair.                                              
                                                                               
TAPE 98-54, SIDE A                                                             
Number 000                                                                     
                                                                               
CO-CHAIRMAN OGAN called the House Resources Standing Committee                 
meeting back to order at 5:01 p.m.  Members present at the call to             
order were Representatives Ogan, Barnes, Dyson, Green and Masek.               
                                                                               
CO-CHAIRMAN OGAN noted that there is a motion to adopt Amendment 1             
on the table.                                                                  
                                                                               
Number 010                                                                     
                                                                               
CO-CHAIRMAN OGAN made a motion to amend Amendment 1 to include the             
language ", resources therein" after the word "waters" to the                  
amended portion on Page 3, line 3.  There being no objection, it               
was so adopted.                                                                
                                                                               
CO-CHAIRMAN OGAN asked whether there is any objection to the motion            
to adopt Amendment 1, as amended.  There being no objection, it was            
so adopted.                                                                    
                                                                               
Number 024                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion and asked unanimous consent to             
move the proposed committee substitute for HCR 13, version 0-                  
LS177\E, Utermohle, 4/22/98, as amended, from the committee with               
individual recommendations and the attached zero fiscal note.                  
There being no objection, CSHCR 13(RES) was so moved from the House            
Resources Standing Committee.                                                  
CSSB 262(RES) - MANAGEMENT OF HUNTING                                          
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was CS for SB
262(RES), "An Act relating to regulation of hunting and trapping,              
to the definition of 'sustained yield,' and to controlled use                  
areas."                                                                        
                                                                               
CO-CHAIRMAN OGAN explained that the House proposed committee                   
substitute for the CS for SB 262(RES) has been adopted.                        
                                                                               
Number 042                                                                     
                                                                               
REPRESENTATIVE BARNES made a motion to move the House proposed                 
committee substitute for CS for SB 262(RES) from the committee with            
individual recommendations and the attached fiscal note(s).  There             
being no objection, HCS CSSB 262(RES) was so moved from the House              
Resources Standing Committee.                                                  
ADJOURNMENT                                                                    
                                                                               
Number 049                                                                     
                                                                               
CO-CHAIRMAN OGAN adjourned the House Resources Standing Committee              
meeting at 5:06 p.m.                                                           

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