05/03/2024 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HJR22 | |
| SB171 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HJR 22 | TELECONFERENCED | |
| + | SB 171 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
May 3, 2024
1:33 p.m.
DRAFT
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
MEMBERS ABSENT
Representative Maxine Dibert
COMMITTEE CALENDAR
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
SENATE BILL NO. 171
"An Act changing the residency requirements for sport fishing,
hunting, and trapping privileges; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 22
SHORT TITLE: RESIDENT SUBSISTENCE USE OF FISH/GAME
SPONSOR(s): REPRESENTATIVE(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
03/20/24 (H) Heard & Held
03/20/24 (H) MINUTE(RES)
03/27/24 (H) RES AT 1:00 PM BARNES 124
03/27/24 (H) Heard & Held
03/27/24 (H) MINUTE(RES)
04/17/24 (H) RES AT 1:00 PM BARNES 124
04/17/24 (H) <Bill Hearing Canceled>
04/26/24 (H) RES AT 1:00 PM BARNES 124
04/26/24 (H) Heard & Held
04/26/24 (H) MINUTE(RES)
04/29/24 (H) RES AT 1:00 PM BARNES 124
04/29/24 (H) -- MEETING CANCELED --
05/01/24 (H) RES AT 1:00 PM BARNES 124
05/01/24 (H) -- MEETING CANCELED --
05/03/24 (H) RES AT 1:00 PM BARNES 124
BILL: SB 171
SHORT TITLE: RESIDENCY REQ: HUNTING, TRAPPING, FISHING
SPONSOR(s): SENATOR(s) BJORKMAN
01/16/24 (S) PREFILE RELEASED 1/8/24
01/16/24 (S) READ THE FIRST TIME - REFERRALS
01/16/24 (S) RES, FIN
02/16/24 (S) RES AT 3:30 PM BUTROVICH 205
02/16/24 (S) Heard & Held
02/16/24 (S) MINUTE(RES)
03/01/24 (S) RES AT 3:30 PM BUTROVICH 205
03/01/24 (S) Heard & Held
03/01/24 (S) MINUTE(RES)
04/12/24 (S) FIN REFERRAL REMOVED
04/12/24 (S) RES AT 3:30 PM BUTROVICH 205
04/12/24 (S) Moved SB 171 Out of Committee
04/12/24 (S) MINUTE(RES)
04/15/24 (S) RES RPT 2DP 2NR 1AM
04/15/24 (S) DP: GIESSEL, KAUFMAN
04/15/24 (S) NR: CLAMAN, DUNBAR
04/15/24 (S) AM: KAWASAKI
04/22/24 (S) TRANSMITTED TO (H)
04/22/24 (S) VERSION: SB 171
04/24/24 (H) READ THE FIRST TIME - REFERRALS
04/24/24 (H) RES, FSH
04/29/24 (H) RES AT 1:00 PM BARNES 124
04/29/24 (H) -- MEETING CANCELED --
05/01/24 (H) RES AT 1:00 PM BARNES 124
05/01/24 (H) -- MEETING CANCELED --
05/03/24 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
LAURA ACHEE, Staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Senator Bjorkman, prime
sponsor, presented SB 171.
PAUL JOHNSON, representing self
Elfin Cove, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB
171.
AARON FRENZEL, Deputy Director
Division of Alaska Wildlife Troopers, Southern Detachment
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing of SB
171.
ACTION NARRATIVE
1:33:27 PM
CHAIR MCKAY called the House Resources Standing Committee
meeting to order at 1:33 p.m. Representatives Baker, Rauscher,
Saddler, Wright, and McKay were present at the call to order.
Representatives Armstrong, McCabe and Mears arrived as the
meeting was in progress.
HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME
1:34:14 PM
CHAIR MCKAY announced that the first 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.
1:34:55 PM
REPRESENTATIVE RAUSCHER moved to adopt the proposed committee
substitute (CS) for HJR 22, Version 33-LS1321\D, Bullard,
4/26/24 ("Version D") as a working document. There being no
objection, Version D was before the committee.
1:35:45 PM
REPRESENTATIVE BAKER, as prime sponsor of CSHJR 22, stated that
public testimony was cancelled because the working document was
not adopted previous to this meeting.
[CSHJR 22 was held over.]
SB 171-RESIDENCY REQ: HUNTING, TRAPPING, FISHING
1:36:39 PM
CHAIR MCKAY announced that the final order of business would be
SENATE BILL NO. 171, "An Act changing the residency requirements
for sport fishing, hunting, and trapping privileges; and
providing for an effective date."
1:37:19 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, on behalf of Senator Bjorkman, prime sponsor,
introduced SB 171. She explained that the goal of SB 171 is to
ensure that only Alaskan residents benefit from increased bag
limits and additional harvest opportunities for the state's
resources. She said, "When people who do not live permanently
in Alaska capitalize on fish and game laws meant for residents,
they diminish harvest opportunities for year-round residents now
and in the future." She noted that many long-time Alaskans have
moved out of state only to return for a short time to harvest
the state's resources. She said that SB 171 would solve this
issue by aligning residency requirements for hunting and fishing
licenses with the residency requirements for the Permanent Fund
Dividend (PFD).
1:41:06 PM
PAUL JOHNSON, representing self, provided invited testimony on
SB 171. He shared his personal history in Alaska. He expressed
the opinion that overharvesting the state's resources has been
an issue in Alaska since before statehood and overtime the
residency requirement loophole has become an increasing problem,
effecting the resources and the communities, especially those
that rely on the personal use of resources. He argued that the
fishery resource should be considered the same level as the oil
resource, and the definition of residency for a resident harvest
permit in Alaska should be aligned with the PFD definition. He
expressed the concern that many people who abuse the current
residency requirements are shipping their harvest out of state,
and the value of this shipped resource "is not small." He
suggested that this problem needs to be addressed sooner rather
than later, as these resources are being given away.
1:45:34 PM
REPRESENTATIVE MCCABE asked how the proposed legislation would
effect a hypothetical 80-year-old Alaska Native who must leave
the state for health reasons; therefore, the individual would be
restricted from harvesting by the residency requirements of SB
171.
MS. ACHEE responded that SB 171 would not prevent this
hypothetical 80-year-old Alaskan from hunting. She explained
that the person would be issued a nonresident hunting license;
however, the individual would not be allowed the bag limits that
go along with a resident hunting license.
REPRESENTATIVE MCCABE stated that this hypothetical regards a
state resident; therefore, he argued that SB 171 would prevent a
resident from harvesting in their home of Alaska.
MS. ACHEE expressed the understanding that the proposed
legislation addresses the finite fish and game resources in the
state; furthermore, it would be addressing those who abuse
Alaska's current "loose definition" of an Alaskan resident to
utilize higher bag limits. She said that in the hypothetical it
would need to be agreed that the individual is an Alaskan;
however, she added that the state resources should be preserved
for those living in state and experiencing its significant
higher costs, especially for those living in rural Alaska. She
added that the Alaska Federation of Natives and the Tanana
Chief's Conference both sent letters of support for SB 171.
1:48:37 PM
REPRESENTATIVE MCCABE expressed concern with the proposed system
of residency requirements, as using the PFD requirements might
punish Alaskans who must leave the state for six to eight months
of the year.
MS. ACHEE responded that after hearing these same concerns,
Senator Bjorkman's office spent ample time working with the
Department of Law (DOL), the Department of Public Safety (DPS),
and the Alaska Department of Fish and Game (ADF&G) to determine
if there could be a different solution for residency
requirements, such as for airline pilots. However, as DOL has
prosecuted these residency cases, she expressed the
understanding that the only line "bright enough" for the court
to agree to these prosecutions would be the PFD residency
requirements.
REPRESENTATIVE MCCABE gave a hypothetical scenario where an
individual lives in California for eight months and Southeast
Alaska for three months. He expressed the understanding that
the individual must obtain a California driver's license. He
asked how this person would get a resident permit if the person
does not have an Alaska driver's license.
MS. ACHEE explained that if the person in this scenario does not
obtain a California license, the person is breaking California
law. She noted that people are coming up from the Lower 48 to
take advantage of this in Southeast Alaska, as it has
significant bag limits on seafood.
1:54:23 PM
REPRESENTATIVE RAUSCHER gave the example of an individual who
owns a home in Palmer, pays property taxes, has an Alaska
driver's license, and has a registered car in the state. He
questioned whether this individual is a resident.
MS. ACHEE affirmed that under SB 171, this person would qualify
for an Alaska residency harvest license.
REPRESENTATIVE RAUSCHER asked whether this individual's harvest
residency requirements would be effected if the person takes a
job out of state and is gone most of the year.
MS. ACHEE responded that the individual would still be allowed
to hunt, just not as an Alaskan resident. She stated that this
situation has been discussed at length, but no solutions could
be found.
REPRESENTATIVE RAUSCHER expressed the desire to work on an
amendment that would address these situations.
1:57:19 PM
REPRESENTATIVE MEARS expressed the understanding that
enforcement would not be addressed at the time of the issuance
of a license; rather, enforcement would be at the point of
abuse.
MS. ACHEE expressed agreement, as SB 171 would work the same as
the system would today. She explained that this is the reason
that there is a zero fiscal note, because it would not change
how the system is enforced.
1:58:51 PM
REPRESENTATIVE SADDLER suggested that enforcement could happen
when the resource is at a processor, for example, but not in the
field. He expressed support generally for the proposed
legislation; however, he acknowledged that the residency
requirements might be confusing. He noted the reports of abuse
of fishing privileges in Southeast, and he asked if there has
been any evidence of people who are abusing resident hunting and
trapping privileges in Alaska.
MS. ACHEE responded that anecdotal evidence has been presented
from residents who have observed abuse in other parts of the
state, such as in Minto and in the Upper Tanana River region.
2:01:35 PM
REPRESENTATIVE MCCABE directed a question to the Alaska Wildlife
Troopers (AWT) and asked how the previous hypothetical
California scenario would be enforced. He reiterated the
scenario where a person living in California for eight months
still has and uses an Alaska license to obtain resident fishing
and hunting licenses.
2:02:22 PM
AARON FRENZEL, Deputy Director, Alaska Wildlife Troopers,
answered questions on SB 171. He said that the AWT begins
enforcement by looking for any suspicious activity and listening
to tips from local residents, along with surveillances of
harvest areas. He stated that airline reservations, boarder
crossings, and ferry reservations would be inspected to
determine an individual's whereabouts. He noted that if the PFD
residency requirements were used, enforcement would examine how
many days the individual is out of the state. He stated that
per current regulations, the individual's primary domicile would
be determined.
2:03:25 PM
REPRESENTATIVE MCCABE asked how, without probable cause, AWT
would open an investigation for a nonresident who is suspected
to be abusing resident privileges.
MR. FRENZEL responded that AWT typically does not have probable
cause to write a citation upon initial contact of a suspect. He
continued that to obtain probable cause, it would require an
investigation to determine where the suspect is actually living.
MS. ACHEE added that the Permanent Fund Division does have staff
whose job it is to investigate tips that a person might be
collecting a PFD illegally. She expressed the understanding
that it would be no different for AWT to do the same.
2:05:39 PM
REPRESENTATIVE RAUSCHER questioned the zero fiscal note.
MS. ACHEE said the fiscal note is zero because AWT is already
enforcing nonresident abuse of resident harvest permits, and
this would continue if the proposed legislation were to become
law.
REPRESENTATIVE RAUSCHER expressed criticism of SB 171's strict
adherence to the PFD's definition of residency. He suggested
that there is a zero fiscal note because the Permanent Fund
Division would be the enforcement.
MS. ACHEE clarified her earlier remarks, stating that
enforcement would be DPS, as it already investigates these
claims, not the Permanent Fund Division.
REPRESENTATIVE RAUSCHER stated that proving residency would
require a large amount of work. He reiterated the question
concerning the zero fiscal note.
MS. ACHEE clarified that the process for getting a license would
not change, and this involves signing an affidavit attesting to
the requirements in the statute. She stated that the
investigation would happen on the back end, when either DPS or
ADF&G have reason to believe the individual is not a resident.
2:08:36 PM
MR. FRENZEL stated that AWT would be the primary enforcement
agency for violations of Alaska's residency laws as they pertain
to hunting and fishing. He pointed out that troopers spend a
good amount of time on cases that come from community tips,
observance of suspicious activities, and tips from the Permanent
Fund Division investigators. He stated that AWT had not
requested a change in the fiscal note because it already
enforces these types of cases.
2:09:33 PM
REPRESENTATIVE RAUSCHER highlighted that even when residency
determinations are challenged, the fiscal note would be zero.
MS. ACHEE reiterated that no one would be turned down on the
initial request for a license, as the enforcement of residency
requirements would come after there is a suspicion of foul play.
REPRESENTATIVE RAUSCHER asked if it is up to the person
harvesting in Alaska to be aware of the regulations that
surround the harvest.
MS. ACHEE responded that this is the current process, and it
would remain the same if SB 171 were to become law.
2:11:14 PM
REPRESENTATIVE SADDLER commented that the best proof of
residency would be to show a PFD receipt. He further discussed
the problems with this, such as not all who qualify for the PFD
apply. He noted that an individual cannot be required to apply
for a PFD, and he questioned how the dividend could be become
the standard for an Alaskan resident. He suggested that hunting
and fishing license data could be cross referenced with the
Permanent Fund Division, but this would require a fiscal note.
MS. ACHEE noted that it would be quicker and easier to prove
residency by showing a PFD receipt; however, there are many
reasons individuals who qualify would not receive a PFD.
2:14:18 PM
CHAIR MCKAY announced that SB 171 was held over.
2:14:52 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:14 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHJR 22(RES) - 33-LS1321D.pdf |
HRES 5/3/2024 1:00:00 PM |
HJR 22 |
| HJR 22 Summary of Changes (A to D).pdf |
HRES 5/3/2024 1:00:00 PM |
HJR 22 |
| SB 171A.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Sectional Analysis Ver A.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Sponsor Statement Ver A.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 DPS Fiscal Note.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 ADFG Fiscal Note.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Support Document Resident and Non-Resident License Fees.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Support Document PFD Allowed Absences.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Support Letter RHAK.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Support Letters.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Support Resolution Haines Borough.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |
| SB 171 Supporting Document Resident and Non-Resident Fishing Bag Limits.pdf |
HRES 5/3/2024 1:00:00 PM |
SB 171 |