03/20/2024 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Department of Environmental Conservation | |
| HB295 | |
| HJR22 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 295 | TELECONFERENCED | |
| += | HJR 22 | TELECONFERENCED | |
| *+ | HB 388 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 20, 2024
1:07 p.m.
MEMBERS PRESENT
Representative Tom McKay, Chair
Representative George Rauscher, Vice Chair
Representative Thomas Baker
Representative Kevin McCabe
Representative Dan Saddler
Representative Stanley Wright
Representative Jennie Armstrong
Representative Donna Mears
Representative Maxine Dibert
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Department of Environmental Conservation
Emma Pokon - Utqiagvik
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 295
"An Act relating to salmon hatchery permits; and authorizing the
sale of salmon to permitted persons for stocking lakes."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 22
Proposing an amendment to the Constitution of the State of
Alaska relating to subsistence use of replenishable natural
resources by state residents; and providing for an effective
date for the amendment.
- HEARD & HELD
HOUSE BILL NO. 388
"An Act relating to state loans for oil and gas projects in the
Cook Inlet sedimentary basin; relating to the Alaska Energy
Authority; relating to the Alaska Industrial Development and
Export Authority; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 295
SHORT TITLE: SALMON HATCHERY PERMITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/26/24 (H) READ THE FIRST TIME - REFERRALS
01/26/24 (H) FSH
02/06/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/06/24 (H) Scheduled but Not Heard
02/20/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/20/24 (H) -- MEETING CANCELED --
02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/27/24 (H) Heard & Held
02/27/24 (H) MINUTE(FSH)
03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/05/24 (H) <Bill Hearing Canceled>
03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/07/24 (H) Moved CSHB 295(FSH) Out of Committee
03/07/24 (H) MINUTE(FSH)
03/11/24 (H) FSH RPT CS(FSH) NEW TITLE 4DP 3NR
03/11/24 (H) DP: CARPENTER, STUTES, MCCABE, VANCE
03/11/24 (H) NR: C.JOHNSON, HIMSCHOOT, MCCORMICK
03/13/24 (H) RES REFERRAL ADDED AFTER FSH
03/18/24 (H) RES AT 1:00 PM BARNES 124
03/18/24 (H) -- MEETING CANCELED --
03/20/24 (H) RES AT 1:00 PM BARNES 124
BILL: HJR 22
SHORT TITLE: RESIDENT SUBSISTENCE USE OF FISH/GAME
SPONSOR(s): BAKER
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) RES, JUD
03/13/24 (H) RES AT 1:00 PM BARNES 124
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(RES)
03/20/24 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
EMMA POKON, Acting Commissioner Appointee
Department of Environmental Conservation
Utqiagvik, Alaska
POSITION STATEMENT: Testified as appointee for commissioner of
the Department of Environmental Conservation.
DOUG VINCENT-LANG, Commissioner
Department of Fish & Game
Anchorage, Alaska
POSITION STATEMENT: Presented CSHB 295(FSH) on behalf of the
bill sponsor, House Rules by request of the governor; testified
during the hearing on HJR 22.
JOE FELKL, Legislative Liaison
Office of the Commissioner
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: On behalf of the bill sponsor, House Rules
by request of the governor, gave a sectional analysis of CSHB
295(FSH) and a summary of changes from the original bill.
FLIP PRYOR, Section Chief
Division of Commercial Fisheries
Alaska Department of Fish & Game
Juneau, Alaska
POSITION STATEMENT: On behalf of the bill sponsor, House Rules
by request of the governor, explained how fish stock permits are
granted.
JULIE KITKA, President
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Gave testimony on HJR 22.
ROSITA WORL, PhD, President
Sealaska Heritage Institute
Juneau, Alaska
POSITION STATEMENT: Testified on HJR 22.
GAYLA HOSETH, Director
Natural Resources Program
Bristol Bay Native Corporation
Dillingham, Alaska
POSITION STATEMENT: Testified on HJR 22.
REPRESENTATIVE BRYCE EDGMON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave advice on HJR 22.
ACTION NARRATIVE
1:07:46 PM
CHAIR MCKAY called the House Resources Standing Committee
meeting to order at 1:07 p.m. Representatives McKay, Rauscher,
Baker, McCabe, Saddler, Wright, Armstrong, Mears, and Dibert
were present at the call to order.
^CONFIRMATION HEARING(S):
CONFIRMATION HEARING(S):
^Department of Environmental Conservation
Department of Environmental Conservation
1:09:42 PM
CHAIR MCKAY announced that the first order of business would be
the confirmation hearing on the governor's appointee for
commissioner of the Department of Environmental Conservation.
1:10:32 PM
EMMA POKON, Acting Commissioner Appointee, Department of
Environmental Conservation, broke down the duties of the
Department of Environmental Conservation (DEC), explaining how
it benefits Alaska. She explained her reasoning as to why she
would be a good commissioner through her history in Alaska, her
ecological and conservation background, her academic history,
and her history working in environmental law. She explained how
her initial time in Alaska working for the Department of Law
(DOL) introduced her to the challenges of environmental law
specific to Alaska.
1:15:25 PM
REPRESENTATIVE SADDLER asked what would characterize Acting
Commissioner Pokon's term as commissioner of DEC.
ACTING COMMISIONER POKON answered that she hopes that her term
is defined by the work DEC does. She said she hopes to increase
public confidence in what DEC's role is as a state department.
1:16:37 PM
REPRESENTATIVE MEARS commented that she appreciates seeing
someone so well-rounded for this position in Alaska.
1:17:18 PM
REPRESENTATIVE SADDLER asked what the greatest need of Alaska's
environment is.
ACTING COMMISSIONER POKON answered that air and water pollution
is a big issue in areas such as North Pole.
1:18:21 PM
REPRESENTATIVE MCCABE asked Acting Commissioner Pokon what her
thoughts are on safe village sewer systems.
ACTING COMMISSIONER POKON replied that there are several
communities that do not yet have piped water service, and that
it is important to establish that over time. She said over the
last year, DEC has made changes to the eligibility and criteria
to those looking to develop those services. She said that
affordability and sustainability are the most important issues
on this subject, and DEC should utilize opportunities to access
federal funds to develop these projects.
REPRESENTATIVE MCCABE asked how Acting Commissioner Pokon would
tackle the problem of villages on the road system not having
water.
ACTING COMMISSIONER POKON answered that is something DEC would
be interested in working with the communities on, and that DEC
needs to ensure that there is safe drinking water available for
all communities in Alaska.
REPRESENTATIVE MCCABE pondered whether the state could provide a
more stable source of drinking water for people on the road
system.
1:24:35 PM
The committee took an at-ease from 1:24 p.m. to 1:26 p.m.
HB 295-SALMON HATCHERY PERMITS
1:27:09 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE BILL NO. 295 "An Act relating to salmon hatchery permits;
and authorizing the sale of salmon to permitted persons for
stocking lakes." [Before the committee was CSHB 295(FSH).]
1:28:17 PM
DOUG VINCENT-LANG, Commissioner, Department of Fish & Game
(ADF&G), presented CSHB 295(FSH) on behalf of the bill sponsor,
House Rules by request of the governor. He said that state
hatcheries are paid for by sport angler dollars, and the
department typically uses a stocking plan to determine which
lakes to stock. He said that the proposed bill would allow
private, nonprofit hatchery owners the option to sell fish. To
reduce the potential to impact the wild fish populations, ADF&G
would use sterile stocked fish. Commission Vincent-Lang
emphasized that CSHB 295(FSH) would allow for the sale of fish
but is not a mandate for private nonprofit hatchery owners to
sell their fish. He mentioned that during the coronavirus
crisis, Alaskans used stock fish lakes as places to get their
food.
1:31:55 PM
JOE FELKL, Legislative Liaison, Office of the Commissioner,
Alaska Department of Fish & Game, on behalf of the bill sponsor,
House Rules by request of the governor, gave a sectional
analysis of CSHB 295(FSH) and a summary of changes from the
original bill version. He began with the sectional analysis for
CSHB 295(FSH) [included in the committee packet], which read as
follows [original punctuation provided]:
Section 1: adds a new subsection to the statute for
salmon hatchery permit conditions clarifying that
nothing in a permit prohibits the sale of salmon for
the purposes of stocking lakes in the state to a
private person or entity that receives a Fish
Transport Permit under AS 16.05.251.
Section 2: amends AS 16.10.440(b) to insert the word
"wild."
MR. FELKL continued to the summary of changes [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1: corrects a drafting error replacing an
incorrect citation (AS 16.05.671) with the correct
statutory authority for Fish Transport Permits (AS
16.05.251). This section has also been redrafted for
clarity, specifying sale of hatchery-produced salmon.
This change is stylistic and does not change the
meaning of the language.
Section 2: new section that amends AS 16.10.440(b) to
insert the word "wild." Inserting the word "wild"
clarifies the Commissioner of Fish and Game's
authority is permitting the hatchery operation, and
the Board of Fisheries' (Board) authority is
allocation of the common property resource. Adding the
word "wild" also conforms salmon hatchery permit
statutes with the more recently enabled shellfish
enhancement statutes (see AS 16.12.050(b)), which
already include the word "wild" regarding the Board's
authority to amend a permit.
1:33:37 PM
REPRESENTATIVE MEARS asked Commissioner Vincent-Lang to
elaborate on the permit process.
MR. VINCENT-LANG said that there are a variety of processes in
place already; ADF&G looks at many things, including river
flows, location, and water drainage, when deciding which lakes
to stock.
1:34:55 PM
FLIP PRYOR, Section Chief, Division of Commercial Fisheries,
Alaska Department of Fish & Game, on behalf of the bill sponsor,
House Rules by request of the governor, explained specifics
regarding the permitting process, such as pathology, genetic,
and biology reviews.
MR. FELKL added that there are documents in the bill packet that
outline relevant regulations for fish transport permits.
1:36:00 PM
REPRESENTATIVE SADDLER asked what the goal of the proposed
legislation is.
MR. PRYOR answered that currently, private nonprofit hatcheries
can sell eggs only to other private nonprofit hatcheries, and
that CSHB 295 (FSH) would allow them to sell eggs to the public.
1:37:29 PM
MR. VINCENT-LANG added that in essence, CSHB 295 (FSH) would
meet a demand not currently being met. He said that as part of
the permitting process, there is a report that must be submitted
on how successful a program might be. He said there is an
evaluation program coming forward and CSHB 295 (FSH) would
utilize existing structure to move this issue.
[HB 295 was held over.]
1:39:04 PM
The committee took an at-ease from 1:39 p.m. to 1:41 p.m.
HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME
1:40:40 PM
CHAIR MCKAY announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 22, Proposing an amendment to the
Constitution of the State of Alaska relating to subsistence use
of replenishable natural resources by state residents; and
providing for an effective date for the amendment.
1:41:14 PM
REPRESENATIVE BAKER introduced Ms. Kitka and Dr. Rosita Worl.
1:42:06 PM
JULIE KITKA, President, Alaska Federation of Natives (AFN),
explained the history of the constitutional amendment to
subsistence rights. She said that this issue has been in front
of the legislature since 1990. She continued on the history of
constitutional amendments in the Alaska State Legislature. She
said that AFN has been working on this issue and gave up after
determining that the legislature had no interest in working on
it. She recommended that the legislature take its time in
introducing a constitutional amendment. She explained common
themes in policy debate on this issue and advised the committee
to keep in mind that subsistence is an Alaska Native issue and
it is offensive that the amendment does not include language
acknowledging [Alaska Natives]. She said the current system of
dual management is a direct result of the failure of the state
to engage with local Native groups and communities. She said
her second recommendation is to get rid of the non-subsistence
use areas.
1:51:48 PM
MS. KITKA continued with her third recommendation, telling the
committee members to scope out the best system to manage
subsistence rights, considering all things that may affect them.
She added that the legislature should consider court cases that
affect subsistence rights. She said the other area that she
thinks the state should look at is the Alaska National Interest
Lands Conservation Act (ANILCA) amendments. She emphasized that
subsistence is not just a choice, but a cultural way of life.
She urged the legislature to explore the history of relations
between the federal government and Native Americans before
moving forward on any legislation. She advised legislators
approach this legislation with concrete goals, to be experts on
the issue.
1:57:20 PM
REPRESENTATIVE MCKAY added that he remembers the debate in 1990
and reflected that it was a sad time in Alaska's history.
1:57:51 PM
ROSITA WORL, PhD, President, Sealaska Heritage Institute, read
from prepared remarks [included in the committee packet], which
read as follows [original punctuation provided]:
Mr. Chair and Honorable Members of the Alaska State
Legislature House Resources Committee:
For the record, I am Rosita Kaahni Worl, and I am a
member of the Alaska Federation of Natives Subsistence
Committee.
Thank you for allowing us to comment on HJR 22, which
embodies an issue of great significance to Alaskans
and, notably, to the Alaska Native Community.
Thank you for also bringing this issue, which has
divided the state for decades, to an open forum.
Hopefully, through rational, honest, and sincere
dialogue with all stakeholders at the table, we may be
able to formulate a unified position.
If I may, I would like to introduce myself in
accordance with our cultural protocols. My
introduction will also reveal the spiritual
interrelationships that we maintain with our animals,
birds, and fish. It will also demonstrate the cultural
dimensions of subsistence that are rarely known or
understood outside of the subsistence community.
Yeidiklas'akw ka Kaaháni yóo xát duwasáak
Cháak' naa áyá x
Shungukeidí naax xát sitee
Kaawdliyaay Hit dáx x
Jilkaat kwyá x
Lukaax.ádi yadi áyá x
My Tlingit name is Yeidiklas'skw. It is an ancient
name whose meaning has been lost in antiquity.
My ceremonial name is Kaaháni, which refers to the
stature or status of an individual. In the ceremony in
which I received this name, our clan leader said that
my stature was "Woman Who Stands in the Place of a
Man."
I Am an Eagle of The Thunderbird Clan and the House
Lowered from the Sun from Klukwan in the Chilkat
region.
I am also a Child of the sockeye Clan.
My identity is also intertwined with our clan crests-
the Eagle, Thunderbird, and Sun.
We, of our clan, are spiritually strengthened by the
Eagle, Thunderbird, Sun, and Sockeye, but also by our
clan spirits, the White Bear, Shark, and Killer Whale.
In addition, Our clan is entitled to wear the US Naval
uniform and to use the name Schwatga as payment for
the failure of Lt Schwatga, of the US Navy, to pay a
debt to my great, great clan grandfather during the
Klondike Gold Rush era.
In attempting to address and resolve the subsistence
issue or, more specifically, the dual management
regime between the federal and state governments and
in proposing the developing solutions including a
constitutional amendment that provides for the
protection of subsistence, it will be necessary to
understand the multiple elements affecting
subsistence.
Many changes have occurred in the thirty-four years
since the federal government took over subsistence
management authority on federal lands. We-Natives- for
one, gave up trying to amend the state constitution.
We have citizens who grew up living with dual
management and have grown accustomed to this system.
We have tribal members who now favor working with and
through the federal subsistence board. We also have a
growing insistence that Indigenous knowledge, science,
and language be incorporated into resource management
regimes and decisions. These changes will have to be
considered as we assess proposed constitutional
amendments and a possible unified management regime.
It will also be necessary to understand the legal and
political history that gave rise to the situation in
which we find ourselves today. This context is complex
and subject to differing interpretations and
orientations, making our task more difficult. Native
People both revere and utilize the land and its
resources. Thus, it will be imperative to have a clear
understanding of cultural significance of subsistence.
This dimension has given Native people the stamina to
fight for our basic cultural survival, identity, and
subsistence rights, which are all intertwined with our
physical and spiritual relationship to the land,
resources, and subsistence.
Native people will insist that these cultural values
and practices are considered and integrated into
subsistence management regimes. Knowledge about the
dual economies that characterize rural communities,
integrating both subsistence and cash economies, is
another important consideration.
Native people must also be engaged in discussions and
have a place at the table in addressing a unified
management regime.
Thank you for the opportunity to present our
preliminary assessment of the elements that we believe
are necessary to consider in developing a
constitutional amendment that can bring a state-level
unified management regime that includes subsistence
protection.
Gunalchéesh
2:04:29 PM
GAYLA HOSETH, Director, Natural Resources Program, Bristol Bay
Native Corporation, mentioned that the theme of the 2023 AFN
convention was "Our Way of Life." Subsistence life has
sustained Native peoples of Alaska for thousands of years; it is
a way of life. She said it is important to understand the
cultural implications of subsistence rights. She recommended
legislators travel to each community and village to see and
learn about subsistence rights. She said it is also important
for Alaskans to understand and learn and be involved in the
process of creating legislation.
2:08:32 PM
REPRESENTATIVE MCKAY asked for the dates of the AFN convention.
MS. KITKA said that it is the third week of October. She added
that there was no consideration of a constitutional amendment.
2:09:22 PM
REPRESENATIVE BAKER, as prime sponsor of HJR 22, added that he
was fortunate enough to be allowed to speak at the AFN
convention. He said that though this legislation was introduced
late, he appreciated the folks from AFN for giving their
testimony on HJR 22.
2:10:30 PM
DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish &
Game, added to the previous testimony, explaining that the dual
management system is not working and subsistence is priority
under state statute. He gave examples of the federal closure of
lands and mentioned Southeast Alaska and the Mulchatna Caribou
Herd. He brought up Berners's Bay and the introduced moose
population, and remarked that federal government's oversight is
affecting its management. He mentioned the Yukon River and the
Nelchina Caribou Hunt and how both are affected by the Federal
Subsistence Board's Management Program decisions. He said dual
management is impacting subsistence negatively, and that HJR 22
would be the first step of many in the right direction.
2:17:15 PM
REPRESENTATIVE MCKAY asked Representative Edgmon to come up and
give some advice.
2:17:48 PM
REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature,
emphasized the importance of understanding the issue and
explained his memories of subsistence issues in Alaska politics.
He thanked committee members for their comments.
2:19:59 PM
REPRESENTATIVE MEARS commented that this is an issue that needs
to be addressed beyond the walls of this committee room.
2:20:34 PM
REPRESENTATIVE DIBERT thanked the invited testifiers and asked
if any of them feel that federal protections defined under
ANILCA are currently sufficient for subsistence rights.
2:21:35 PM
MS. KITKA answered that Native Alaskans have an inherent right
to their lands and food, and there are many political rights
defined under federal law. She said that Natives want to run
their lives themselves and not to have to look to the federal
government for guidance and management. She advised [the
legislature] to trust the Native community to manage itself.
She remarked that times and circumstances change.
2:23:51 PM
REPRESENTATIVE DIBERT said that things have changed on the Yukon
River and quoted her mother saying, "At least we have the memory
of the taste of [salmon]."
2:24:29 PM
DR. WORL acknowledged that there have been good changes in the
State, such as the recognition for Native Alaskans. She
emphasized that more needs to be done.
[HJR 22 was held over.]
2:26:29 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB295 Transmittal Letter.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Version B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Sectional Analysis Version B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Summary of Changes Version A to B.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Supporting Document Statutes and Regulations.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| HB295 Supporting Document ADFG Lake Stocking Policy.pdf |
HRES 3/20/2024 1:00:00 PM |
HB 295 |
| Pokon Resume 2023_Redacted.pdf |
HRES 3/20/2024 1:00:00 PM |
|
| HJR22 Response to (H)RES Member Questions.pdf |
HRES 3/20/2024 1:00:00 PM |
HJR 22 |