04/05/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB65 | |
| HB9 | |
| Confirmation Hearing: Alaska Judicial Council | |
| SCR2 | |
| SB60 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 9 | TELECONFERENCED | |
| + | SB 60 | TELECONFERENCED | |
| *+ | SCR 2 | TELECONFERENCED | |
| = | SB 65 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 5, 2013
1:36 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Donald Olson
COMMITTEE CALENDAR
CONFIRMATION HEARING
Alaska Judicial Council
David Parker
- CONFIRMATION ADVANCED
SENATE BILL NO. 65
"An Act relating to property exemptions for retirement plans,
individual retirement amending Rule 64, Alaska Rules of Civil
Procedure, and Rule 301(a), Alaska Rules of accounts, and Roth
IRAs; relating to transfers of individual retirement plans;
relating to Evidence." the rights of judgment creditors of
members of limited liability companies and partners of limited
liability partnerships; relating to the Uniform Probate Code,
including pleadings, orders, liability, and notices under the
Uniform Probate Code and the Alaska Principal and Income Act,
the appointment of trust property, the Alaska Uniform Prudent
Investor Act, co-trustees, trust protectors, and trust advisors;
relating to the Alaska Principal and Income Act; relating to the
Alaska Uniform Transfers to Minors Act; relating to the
disposition of human remains; relating to the tax on insurers
for life insurance policies; relating to insurable interests for
certain insurance policies; relating to restrictions on
transfers of trust interests; relating to discretionary
interests in irrevocable trusts; relating to the community
property of married persons; and
- MOVED CSSB 65(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 9
"An Act relating to secured transactions under the Uniform
Commercial Code and to the regulation of funds transfers,
including remittance transfers, under the Uniform Commercial
Code and federal law; and providing for an effective date."
- MOVED HB 9 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 2
Urging the governor to acquire land in the Tongass National
Forest from the United States government by purchase or
negotiation or by seeking amendment to the Alaska Statehood Act.
- HEARD & HELD
SENATE BILL NO. 60
"An Act relating to sea otter population management."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 9
SHORT TITLE: SECURED TRANSACTIONS AND FUNDS TRANSFERS
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) L&C, JUD
02/20/13 (H) L&C AT 3:15 PM BARNES 124
02/20/13 (H) Moved Out of Committee
02/20/13 (H) MINUTE(L&C)
02/22/13 (H) L&C RPT 3DP 3NR
02/22/13 (H) DP: REINBOLD, JOSEPHSON, OLSON
02/22/13 (H) NR: CHENAULT, SADDLER, MILLETT
03/13/13 (H) JUD AT 1:00 PM CAPITOL 120
03/13/13 (H) Moved Out of Committee
03/13/13 (H) MINUTE(JUD)
03/14/13 (H) JUD RPT 4DP 2NR
03/14/13 (H) DP: GRUENBERG, FOSTER, LEDOUX, LYNN
03/14/13 (H) NR: PRUITT, KELLER
03/25/13 (H) TRANSMITTED TO (S)
03/25/13 (H) VERSION: HB 9
03/27/13 (S) READ THE FIRST TIME - REFERRALS
03/27/13 (S) JUD
04/03/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/13 (S) Heard & Held
04/03/13 (S) MINUTE(JUD)
04/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 60
SHORT TITLE: BOUNTY ON SEA OTTERS
SPONSOR(s): SENATOR(s) STEDMAN
02/20/13 (S) READ THE FIRST TIME - REFERRALS
02/20/13 (S) RES, JUD, FIN
03/13/13 (S) RES AT 3:30 PM BUTROVICH 205
03/13/13 (S) Heard & Held
03/13/13 (S) MINUTE(RES)
03/15/13 (S) RES AT 3:30 PM BUTROVICH 205
03/15/13 (S) Moved SB 60 Out of Committee
03/15/13 (S) MINUTE(RES)
03/18/13 (S) RES RPT 3NR 3AM
03/18/13 (S) NR: MICCICHE, BISHOP, DYSON
03/18/13 (S) AM: GIESSEL, FAIRCLOUGH, FRENCH
04/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SCR 2
SHORT TITLE: ACQUIRE TONGASS NATIONAL FOREST LAND
SPONSOR(s): SENATOR(s) STEDMAN
03/28/13 (S) READ THE FIRST TIME - REFERRALS
03/28/13 (S) JUD
04/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 65
SHORT TITLE: RETIREMENT PLANS; ROTH IRAS; PROBATE
SPONSOR(s): SENATOR(s) COGHILL
02/27/13 (S) READ THE FIRST TIME - REFERRALS
02/27/13 (S) L&C, JUD
03/21/13 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/21/13 (S) Heard & Held
03/21/13 (S) MINUTE(L&C)
03/26/13 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/26/13 (S) Moved CSSB 65(L&C) Out of Committee
03/26/13 (S) MINUTE(L&C)
03/27/13 (S) L&C RPT CS 2DP 2NR SAME TITLE
03/27/13 (S) DP: DUNLEAVY, ELLIS
03/27/13 (S) NR: OLSON, MICCICHE
04/01/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/01/13 (S) Heard & Held
04/01/13 (S) MINUTE(JUD)
04/03/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/13 (S) Heard & Held
04/03/13 (S) MINUTE(JUD)
04/04/13 (S) JUD AT 2:30 PM BELTZ 105 (TSBldg)
04/04/13 (S) Heard & Held
04/04/13 (S) MINUTE(JUD)
04/05/13 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
MILES BROOKES, Staff
Representative Max Gruenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Thanked the committee for its consideration
of HB 9.
DAVID LINDEN PARKER, Appointee
Alaska Judicial Council
Anchorage, AK
POSITION STATEMENT: Testified as appointee to the Alaska
Judicial Council.
SENATOR BERT STEDMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 2 and SB 60.
CHRISTIE JAMIESON, Staff
Senator Bert Stedman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Read the sponsor statement for SCR 2
OWEN GRAHAM, Director
Alaska Forest Association
Ketchikan, Alaska
POSITION STATEMENT: Provided supporting testimony for SCR 2.
LARRY BELL, Assistant Regional Director
U.S. Fish and Wildlife Service (USFWS)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 60.
CRAIG FLEENER, Deputy Commissioner
Alaska Department of Fish and Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 60.
ALPHEUS BULLARD, Legislative Counsel
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Testified that SB 60 was in conflict with
the Marine Mammal Protection Act and may be preempted.
ACTION NARRATIVE
1:36:18 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Dyson, Wielechowski, and Chair Coghill.
Senator McGuire arrived soon thereafter.
SB 65-RETIREMENT PLANS; ROTH IRAS; PROBATE
1:36:43 PM
CHAIR COGHILL announced the consideration of SB 65. "An Act
relating to property exemptions for retirement plans, individual
retirement accounts, and Roth IRAs; relating to transfers of
individual retirement plans; relating to the rights of judgment
creditors of members of limited liability companies and partners
of limited liability partnerships; relating to the Uniform
Probate Code, including pleadings, orders, liability, and
notices under the Uniform Probate Code and the Alaska Principal
and Income Act, the appointment of trust property, the Alaska
Uniform Prudent Investor Act, co-trustees, trust protectors, and
trust advisors; relating to the Alaska Principal and Income Act;
relating to the Alaska Uniform Transfers to Minors Act; relating
to the disposition of human remains; relating to insurable
interests for certain insurance policies; relating to
restrictions on transfers of trust interests; relating to
discretionary interests in irrevocable trusts; relating to the
community property of married persons; and amending Rule 64,
Alaska Rules of Civil Procedure, and Rule 301(a), Alaska Rules
of Evidence."
1:37:06 PM
SENATOR WIELECHOWSKI moved Amendment 1.
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSSB 65( ), Draft Version "O"
Page 38, line 7:
Delete "$two [FOUR]"
Insert "four"
Page 38, line 8:
Delete "six months ONE YEAR]"
Insert "$1,000"
Page 38, line 16:
Delete "$two [FOUR]"
Insert "four"
Page 38, line 19:
Delete "$two [FOUR]"
Insert "four"
CHAIR COGHILL objected for an explanation.
SENATOR WIELECHOWSKI explained that the amendment relates to
fraudulent transfers in Section 40. The bill reduces the statute
of limitations regarding fraudulent transfers from four to two
years and one year to six months. The amendment keeps the
language in current statute.
CHAIR COGHILL explained that the lower statute of limitations
was consistent with the nationwide trend, but he supported the
amendment as a matter of consumer protection.
1:38:35 PM
CHAIR COGHILL removed his objection and Amendment 1 was adopted.
1:38:59 PM
SENATOR DYSON moved to report SB 65, as amended, from committee
with individual recommendations and attached fiscal note(s).
CHAIR COGHILL found no objection and announced that CSSB 65(JUD)
moved from the Senate Judiciary Standing Committee.
1:39:19 PM
At ease
HB 9-SECURED TRANSACTIONS AND FUNDS TRANSFERS
1:41:15 PM
CHAIR COGHILL announced the consideration of HB 9. "An Act
relating to secured transactions under the Uniform Commercial
Code and to the regulation of funds transfers, including
remittance transfers, under the Uniform Commercial Code and
federal law; and providing for an effective date."
1:41:51 PM
MILES BROOKES, Staff, Representative Max Gruenberg, sponsor of
HB 9, thanked the committee for its consideration of HB 9.
1:42:12 PM
SENATOR MCGUIRE moved to report HB 9 from committee with
individual recommendations and attached fiscal note(s).
SENATOR COGHILL found no objection and announced that HB 9 moved
from the Senate Judiciary Standing Committee.
1:42:34 PM
At ease
^Confirmation Hearing: Alaska Judicial Council
CONFIRMATION HEARING
Alaska Judicial Council
CHAIR COGHILL announced the next order of business would be a
confirmation hearing. He asked Mr. Parker to introduce himself
and tell the committee about his interest in serving on the
Alaska Judicial Council.
1:44:20 PM
DAVID LINDEN PARKER, appointee, Alaska Judicial Council,
Anchorage, Alaska, said he recently retired from the Anchorage
Police Department. The council had been an interest for many
years and he put his name forward when he learned that there was
a vacancy. He enjoyed the 18 years of public service with the
police department and would like to continue to serve the people
of Alaska on the council.
CHAIR COGHILL asked if he had participated in any council
meetings.
MR. PARKER said no, but he discussed the duties with Mr. Cohen
and he was familiar with the judicial review process.
CHAIR COGHILL thanked Mr. Parker for his service in public
safety and his willingness to serve on the council.
1:46:29 PM
SENATOR DYSON disclosed that Mr. Parker was a good friend of 30
years. In his opinion, there wasn't a better candidate.
CHAIR COGHILL commented on the workload that council members
face.
MR. PARKER acknowledged the job would be time consuming and
expressed his commitment to help the governor in his critically
important job of appointing judges.
1:48:56 PM
SENATOR MCGUIRE moved to forward the name of David Linden Parker
for a position on the Judicial Council to the full body for
consideration. She reminded members that this does not reflect
intent by any member to vote for or against the confirmation of
the individual during any subsequent sessions.
CHAIR COGHILL found no objection and announced that the name
David Linden Parker would be forwarded to the full body for
consideration for a position on the Alaska Judicial Council.
1:49:32 PM
At ease
SCR 2-ACQUIRE TONGASS NATIONAL FOREST LAND
1:49:38 PM
CHAIR COGHILL announced the consideration of SCR 2, a resolution
relating to the state acquiring Tongass National Forest Land.
1:50:54 PM
SENATOR BERT STEDMAN, Alaska State Legislature, sponsor of SCR
2, said his staff would present the sponsor statement.
1:51:20 PM
CHRISTIE JAMIESON, Staff, Senator Bert Stedman, sponsor, read
the sponsor statement for SCR 2 into the record as follows:
[Original punctuation provided.]
The Tongass National Forest was created in 1907 by
President Theodore Roosevelt. Today, it is the largest
national forest in the United States with 16.8 million
acres. In 1947 Congress enacted the Tongass Timber Act
the purpose of which was to clear the way for long
term timber sales on the Tongass. From the 1950's
through the early 1990's, the commercial harvest of
timber from the Tongass National Forest formed a major
part of the economy in Southeast Alaska.
Unfortunately, that's no longer the case because the
timber industry does not have access to an adequate
volume of timber supply that can be economically
harvested from the Tongass National Forest.
Interestingly, only 400,000 acres of the Tongass have
been harvested between its creation in 1907 and today.
In addition, there were more sawmills operating on the
Tongass in 1900 than there are today.
The reasons behind the lack of timber supply began in
1980 when Congress passed the Alaska National Interest
Lands Conservation Act (ANILCA) establishing 4.5
million acres of Wilderness and National Monuments in
Southeast Alaska. In order to ensure that these land
withdrawals from the available timber base did not
harm the existing timber industry, ANILCA mandated
that the Forest Service offer 450 million board feet
of timber annually. Then in 1990, Congress passed the
Tongass Timber Reform Act (TTRA) creating another 1.1
million acres of Wilderness and Roadless Area set-
asides, further reducing acreage in the Tongass
National Forest that could be used for timber harvest.
In 1997 the Forest Service adopted a new land
management plan for the Tongass National Forest and
switched to "ecosystem management." Under this new
philosophy, attention to timber sale economics was
abandoned. However, in 2005 the 1997 Tongass Land
Management Plan (TLMP) was set aside and nine major
timber sale environmental impact statements were
enjoined pending preparation of an amended Forest Land
and Resource Management Plan. (See the 9th Circuit's
Decision in Natural Resources Defense Council v.
United States Forest Service, 421 F.3d 797 (9th Cir.
2005)). The 1997 Forest Plan was enjoined, not because
of an environmental problem, but because of a Forest
Service math error in computing the volume of timber
needed to meet market demand.
Every significant timber sale the Forest Service has
attempted to make since adoption of the 2008 Amended
TLMP has been litigated. This litigation has caused
annual Forest Service sales to be reduced to 30-40
MMBF, not nearly enough to supply the integrated
industry advocated by the Governor's Timber Task
Force.
Moreover, the Secretary of Agriculture interfered with
implementation of the 2008 Amended TLMP with his 2010
announcement of an "immediate transition from old
growth timber to second growth timber." This
announcement was made notwithstanding the fact that
there is insufficient second growth timber on the
Tongass that meets the definition of cumulative mean
annual increment required by the National Forest
Management Act (NFMA). Timber sales in old growth were
delayed while Forest Service professionals have tried
to make it clear to the Secretary that an "immediate"
transition to second growth would violate the NFMA.
In March 2011 the Federal District Court for the
District of Alaska set aside the Tongass Exemption
from the 2001 Roadless Rule, which the State had
negotiated with the Federal Government in 2003. This
has resulted in 9.6 million acres of non-timber-
harvest areas being created on the Tongass in addition
to the 5.6 million acres of non-timber-harvest
Wilderness areas. In addition, the Roadless Areas
create a serious impediment to mining and to
hydropower and other renewable energy opportunities on
the Tongass.
The Tongass National Forest currently encompasses
about 93% of the available timberlands in Southeast
Alaska. However, only two percent of the Tongass
National Forest is managed for the purpose of
providing local communities with the opportunity to
harvest timber. Consequently, the Forest Service has
monopoly power over the timber supply. In the past
four years, several efforts to revitalize the timber
industry in Southeast Alaska have failed because a
timber industry cannot exist without an adequate
timber supply. Since the U.S. Forest Service is no
longer able to provide enough timber in the Tongass
National Forest to sustain a viable timber industry in
Southeast Alaska, it is time for the Governor to
intervene.
Under the Alaska Statehood Act, the federal government
provided Alaska with a 103,350,000 acre land
entitlement. Of that original land entitlement,
5,500,000 acres still remain available for selection.
SCR 2 urges the Governor to take steps necessary to
select land in the Tongass National Forest as part of
Alaska's statehood entitlement.
1:57:31 PM
SENATOR STEDMAN personalized the history of the Tongass,
describing his family history in the timber business and the two
50-year timber contracts in Southeast Alaska that were
negotiated following World War II. There were sawmills in Sitka,
Wrangell, and Ketchikan, all of which provided a good economic
base for the region. The federal government recognized the
importance of this for year around jobs and restricted statehood
land selections within the Tongass to recreation and community
expansion.
Over time, the economics and mood of the country changed and
pressure was exerted to terminate those timber contracts. The
timber contract in Sitka was prematurely terminated in about
1992 and a few years later the federal government and Louisiana
Pacific mutually agreed to terminate the contract in Ketchikan.
The Tongass restrictions and termination of these timber
contracts left this region in Southeast in a precarious state
because it doesn't have the landmass for an industrial base for
year around jobs.
SENATOR STEDMAN explained that SCR 2 is an effort to open the
discussion about having a land selection in the Tongass if it's
not possible to work with the federal government on reasonable
access to a timber supply and to open mines. If the federal
government is uncomfortable with that, he would like the
governor to initiate discussions to purchase land in the
Tongass. He opined that there is no reason to penalize today's
generation for those contracts that were put in place over 70
years ago. People in Southeast Alaska should have the ability to
expand their communities and be self-sustaining.
2:07:27 PM
CHAIR COGHILL commented on the excellent history lesson and the
sobering effect it had on Juneau when the pulp mill closed. He
agreed to give the land purchase idea some thought, and inquired
about the life span of an old growth forest.
2:10:42 PM
SENATOR STEDMAN said that when the pulp mills shut down, it
affected roughly 30 percent of the economic base south of
Juneau. The repercussions are still felt. It was equivalent to
Anchorage losing the airport or Fairbanks losing the military
bases. Responding to the question about old growth, he said he
believes it takes about 300 years for a forest to be classified
as old growth. The point is, the forest does come back.
CHAIR COGHILL opened public testimony.
2:12:34 PM
OWEN GRAHAM, Director, Alaska Forest Association, Ketchikan,
Alaska, stated that SCR 2 will help the state implement the
recommendation last year by the governor's timber task force
recommended to pursue withdrawal of 2 million acres from the
Tongass. He said that Congress made about 6 million acres of the
Tongass off limits, 2 million of which is commercial timber
land. In addition, there is about 3.5 million acres of
commercial timber land that is not congressionally set aside,
which could support a sustained yield of 2 billion board feet
annually. He highlighted that the Forest Service currently plans
to offer only 6 percent of that potential sustained yield in the
near term and 2 percent in the long term. He said that supply
won't sustain the one midsize sawmill that's left in Southeast,
much less the handful of small family mills.
MR. GRAHAM maintained that state management of that 2 million
acres of commercial timber land would supply the timber required
to restore a fully integrated timber manufacturing industry.
State management of those lands pursuant to the [Forest
Resources Practices Act] will ensure protections, access, and
multiple use. Unlike a federal timber sale program, he said a
state timber sale program could be funded entirely through
timber sale receipts.
CHAIR COGHILL stated his intent to make refinements to the
resolution and keep public testimony open. He noted the letters
of support.
He held SCR 2 in committee for further work.
SB 60-BOUNTY ON SEA OTTERS
2:17:18 PM
CHAIR COGHILL announced the consideration of SB 60. "An Act
relating to sea otter population management."
2:18:01 PM
SENATOR BERT STEDMAN, Alaska State Legislature, sponsor of SB
60, described the industrial harvest of sea otters in coastal
Alaska in the 18th and 19th century that decimated the sea otter
populations. The state attempted to reintroduce the species in
1965-1969 by relocating 402 sea otters to the Southeast region.
They became a federally protected species in 1972 when Congress
passed the Marine Mammal Protection Act (MMPA) and management
was transferred to the U.S. Fish and Wildlife Service. The MMPA
made it illegal to harvest sea otters for everyone but coastal
Alaska Natives who could do so for subsistence and purposes of
making or selling traditional artisanal crafts.
SENATOR STEDMAN explained that in 1994 the U.S. Fish and
Wildlife Service (USFWS) approved the Conservation Plan for Sea
Otters in Alaska. In the preface it says the plan will be
reviewed annually and revised every three to five years.
Contrary to that directive, the USFWS never revised the plan.
Over the last 19 years the sea otter population has increased
exponentially and is devastating the shellfish industries on the
western coast of Southeast Alaska.
2:21:46 PM
SENATOR STEDMAN informed the committee that there are three
population stocks of sea otters in Alaska today. The southwest
stock ranges from Kodiak to the end of the Aleutian chain; the
central stock includes Cook Inlet and Prince William Sound; and
the southeast stock ranges from Dixon Entrance to Yakutat. In
Southeast, the population has been growing between 12 percent
and 14 percent a year. In 2012, the estimated population of sea
otters in Southeast Alaska was 25,000, and 842 were harvested by
Alaska Natives. According to the USFWS, the potential biological
removal of sea otters from Southeast to sustain the optimum
population is 2,180 annually. He emphasized that the intent of
SB 60 is to slow the growth rate, not eradicate the population.
He discussed the seafood diet of the sea otter and the fact that
that they consume up to 25 percent of their body weight per day.
He calculated that the current population of sea otters in
Southeast consumes over 148 million pounds of shellfish
annually. For perspective, the Dungeness crab harvest last year
was 4.8 million pounds. Current estimates indicate that since
1995, about $22.4 million in wholesale value has been lost from
the commercial fisheries due to sea otters. In recent years the
Alaska Department of Fish and Game has closed 17 harvest areas
due to sea otters. Crab fishermen are trying to get away from
sea otters and gear is being concentrated in fewer bays. He also
discussed the concerns that arise from trying to follow the
complicated MMPA regulations and the stiff penalties.
SENATOR STEDMAN explained that SB 60 is intended to encourage a
discussion between the federal government and the state to work
out an arrangement so that inhabitants can continue to survive
in coastal Southeast as they have for thousands of years.
2:28:46 PM
CHAIR COGHILL expressed interest in hearing more about the
jurisdictional question, U.S. code 16, and the legal challenges
associated with no management plans being forwarded under MMPA.
SENATOR STEDMAN said the jurisdictional issues were mentioned at
the previous committee, but the consensus appeared to be that it
was the purview of this committee.
SENATOR COGHILL asked Mr. Bell to discuss the sea otter
conservation plan in Alaska and the updates.
2:30:32 PM
LARRY BELL, Assistant Regional Director, U.S. Fish and Wildlife
Service (USFWS), agreed with the sponsor that the management
authority comes from the Marine Mammal Protection Act, and the
management plan is to preserve and protect. He also confirmed
that the strict harvest provisions are limited to qualified,
coastal dwelling Alaska Natives for subsistence purposes or for
Native crafts and clothing. Other provisions prohibit the sale
and take except for the aforementioned exclusionary purposes. He
acknowledged that the plan is outdated and highlighted that
USFWS has learned a great deal about sea otters since the plan
was implemented. Multiple stocks of sea otters have been
identified, one of which is listed as threatened under the
Endangered Species Act (ESA) and is managed under a recovery
plan. The other two stocks are managed through periodic review
and stock assessment reports to determine the status of the
species throughout their range. Those data are compared to
determine growth, stability, or declines in population.
Determinations are based on that and whether it comports with
the management principles of the MMPA.
2:33:00 PM
CHAIR COGHILL asked him to discuss the requirements to review
the plan, including the location in the document.
MR. BELL explained that there is no requirement in law to have a
management plan, but the USFWS is required by law to manage
under the MMPA. Although the plan hasn't been revised every five
years, the stock assessments that provide the needed data to
implement management actions are done every three years.
CHAIR COGHILL asked if management is based on area or population
and flow.
MR. BELL replied that the three stocks are managed separately
and within each stock the management is based on the sea otter's
range, movement throughout the range, habitat availability, and
relative numbers compared to the carrying capacity of the range.
CHAIR COGHILL inquired if the MMPA has any management scheme
that talks about the decimated resource that the sea otters
leave behind as they move from one area to another.
MR. BELL said the MMPA doesn't address issues of managing marine
mammal stocks according to their beneficial or detrimental
effect on other wildlife species.
CHAIR COGHILL described that as a gap.
MR. BELL pointed out that under the current management regime
the qualified user group has no season dates, no license
requirements, and no bag limits. The harvest is as liberal as it
can be.
CHAIR COGHILL asked Mr. Fleener to discuss management practices.
2:37:02 PM
CRAIG FLEENER, Deputy Commissioner, Alaska Department of Fish
and Game (ADF&G), Anchorage, Alaska, described the physical
characteristics of sea otters, which are members of the weasel
family. Because they don't have an insulating blubber layer,
they require about 25 percent of their body weight in food every
day. He said that sea otters are linked to declining populations
of crab, sea urchins, clams, mussels, octopus, and other marine
invertebrates because those make up a large part of the sea
otter diet. This has resulted in fisheries restrictions and
closures in Southeast. Dive fisheries are being severely
affected by sea otters, including Dungeness crab, red sea
urchins, California sea cucumbers, and geoduck clams. Those are
valued at about $16 million annually.
To a lesser degree sea otters consume shrimp, tanner crab, red
king crab, and abalone. He said that the dive fisheries in
Craig, Sitka, and Petersburg are likely losing $2 million
annually due to sea otter depredation. If the current trajectory
continues, those fisheries are not sustainable in Southeast.
MR. FLEENER said sea otters are an important element of the
Southeast Alaska ecosystem and should be managed under
conservation principles, but they should not be protected at the
expense of other elements of the ecosystem or the ecosystem
itself. Sea otters are having a significant predatory effect on
shellfish in Southeast, particularly sea cucumbers and Dungeness
crabs. For a number of years ADF&G has been working with a wide
variety of people to develop solutions related to sea otter
impacts. A number of options have been considered to return
Southeast waters to a holistic and more sensible ecosystem-based
management approach that manages for sustainable shellfish and
sea otter populations.
These options include: a federal statutory change to ease the
restriction on the sale of hides; returning management authority
to the state; legislative amendments that exempt states from the
MMPA; exempting sea otters in Southeast from the MMPA; assisting
coastal Alaska Natives in developing MMPA authorized co-
management plans that focus Alaska Native sea otter harvest in
important fishing areas; and working with coastal Alaska Natives
with funding applications that assist in revitalizing Southeast
cottage industries.
ADF&G's long term goals have been to encourage the USFWS to ease
federal enforcement on subsistence hunters in Southeast; to work
with USFWS to liberalize the federal interpretation of
handicraft items to be more responsive to customs and traditions
of coastal Alaska Natives; to work with Congress to amend parts
of the ESA and MMPA to better reflect the health and abundance
of Southeast Alaska sea otter populations; to work closely with
Southeast coastal Natives to develop sea otter management plans
that are compliant with the MMPA, but encourage increased sea
otter harvest; to restore shellfish populations to meet
subsistence needs and provide commercial fishing opportunities;
to restore the coastal ecosystem; and to seek federal
reimbursement to commercial fishermen for lost economic
opportunity.
MR. FLEENER discussed an unintended consequence if the bill were
to go forward as currently written. The USFWS could consider the
taking of sea otters in Southeast as financially motivated and
not subsistence hunting and disallow it. The agency may also see
the bounty as a commercial purpose and remove Native's ability
to export those furs. It's also possible that the USFWS could
find increased take due to bounties, and close the hunt. Since
there is no differentiation between sea otters in Southeast and
the endangered sea otters, the state may be found liable for
encouraging the harvest of an endangered species. The [bounty]
funds flowing through ADF&G could also be a problem because it
isn't a coastal Alaska Native organization.
He highlighted the possible solutions. The funding could be
provided directly to a coastal Alaska Native tribe or tribal
entity; exempting the endangered sea otters from the bill to
focus only on the Southeast sea otter population; and promote an
ongoing close relationship with indigenous co-management
entities to implement this program.
With regard to the jurisdictional issues, Mr. Fleener said the
primary goal of the MMPA is to protect sea mammals, and it's
problematic when an act is put in place to permanently protect a
species that doesn't need protection. The state needs to address
that in the future, he said.
2:45:10 PM
CHAIR COGHILL asked how it would work to specify Southeast sea
otters.
MR. FLEENER suggested that the best mechanism is to work through
the existing tribal entities to avoid making any money available
for harvesting endangered sea otters. The focus would be
directly on the sea otters that are negatively impacting
shellfish.
CHAIR COGHILL asked if the state is managing fisheries in areas
that have been negatively impacted by sea otters.
MR. FLEENER said ADF&G manages fisheries in Southeast, but it
can't manage the sea otters that are causing the negative
impact. It's not the best course of action, but the only
management action the department can take on a fishery that is
negatively impacted is to close the harvest when numbers are
low.
2:48:41 PM
SENATOR MCGUIRE referenced the 12/6/12 legal memorandum from
Legislative Legal Services, and read the second paragraph as
follows:
Providing a state bounty for harvested sea otters,
even if the sea otters are only taken by those persons
permitted to do so under the MMPA, is likely to be
interpreted as conflicting with the intention and
purposes of the MMPA.
She told Mr. Bullard that she respectfully disagrees with the
opinion. The bill makes it very clear that the bounty can only
be given by ADF&G to those who can make a lawful taking under
the MMPA. The people who can lawfully take sea otters are those
Alaska Natives who take for subsistence purposes or artisanal
purposes. She suggested that saying that providing a bounty
incentivizes the taking of sea otters is troubling, but saying
the bounty is to offset costs would be valid. She further
suggested that it was a legitimate argument that the state was
incentivizing lawful takings under the MMPA.
ALPHEUS BULLARD, Legislative Counsel, Legislative Legal
Services, Legislative Affairs Agency, Juneau, Alaska,
acknowledged that all arguments are possible and there may be
other opinions. However, the substance of his opinion was that
the bill incentivizes taking sea otters, which is inconsistent
with protection of sea otters and that is the purpose of the
federal act. If the bill becomes law, he believes it will be
preempted.
SENATOR MCGUIRE asked if it would be more helpful if the sponsor
were to clarify that it was lawful takings and that the fee was
a reimbursement to offset costs associated with taking for
artisan purposes.
MR. BULLARD said it could be, but his opinion was restricted to
the bill before the committee.
SENATOR MCGUIRE suggested that it was consistent with Mr.
Fleener's testimony, and that the bill sponsor follow up on that
idea at a later time.
2:54:30 PM
CHAIR COGHILL said the committee would explore several legal
avenues and look at ways to bridge the gap on conflicting
jurisdictional issues. He asked the sponsor if he had explored
any of the avenues that Mr. Fleener listed.
2:55:28 PM
SENATOR STEDMAN said he touched on them lightly but thought it
would be more beneficial to bring the issue to the judiciary
committee. Referencing the comment by Senator McGuire about
offsetting the costs, he suggested that the costs don't
necessarily have to be offset at the harvest level. They could
readily be at the tannery level or in the area of marketing. He
reiterated that there was room to increase the harvest level to
several thousand per year.
CHAIR COGHILL commented that it may be helpful in the overall
protection of the sea otter if the state were to try to keep
them from destroying the ecosystem they depend on for their
survival.
SENATOR MCGUIRE suggested that it may not be possible to take
the issue head on in all areas. For example, it may not be
possible to convince the federal government that the sea otter
is no longer worthy of protection in Southeast Alaska or that
the people living in Southeast are worthy of maintaining a
livelihood. However, there can be agreement that there is an
exception under the MMPA that allows for subsistence hunting by
coastal Alaska Natives and the taking of sea otters for
artisanal purposes. To that end, she believes it is within the
sovereign right of the state to offer the fee. The concern
perhaps centers on the use of the term "bounty" because it
implies incentive. She suggested the sponsor and committee work
with Mr. Fleener to find a win-win solution.
2:59:56 PM
CHAIR COGHILL stated his commitment to work with the sponsor.
[SB 60 was held in committee.]
3:00:27 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 60 vs A.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 Sponsor Statement.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 McDowell Report.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 Fiscal Note DFG-WCD 2013.03.08.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 Supp Resolution Craig 2013.03.07.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 Opp Letter PatriciaWherry 2013.03.12.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/13/2013 3:30:00 PM |
SB 60 |
| SB 60 Opp Letter TinaBrown 2013.03.13.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Supp Written Testimony SARDFA 2013.03.13.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 USFWS 1994 Conservation Plan.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Supp Letter JulieDecker 2013.03.13.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Legal Opinion.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Supp Letter SE Conference.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 UCSC Study distributed by AWA.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 National Marine Sanctuaries Kelp Forests distributed by AWA.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Supp Letter UFA 2013.03.15.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Written Testimony SEAFA 2013.03.12.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| SB 60 Opp Letter PatriciaOBrien 2013.03.15.pdf |
SJUD 4/5/2013 1:30:00 PM SRES 3/15/2013 3:30:00 PM |
SB 60 |
| HB9- Fiscal Note- LAW-CIV-02-15-13.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9- Fiscal Note-DNR-REC-2-15-13.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9- Sectional Summary by Leg Legal.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Sectional.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9-(28-LS0035-N).pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9-Sponsor Statement(1).pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Spporting Document- UCC Article 9 Amendments (2010) Summary.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Supporting Document- UCC Article 4A Amendments (2012) Summary.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Supporting Document- UCC Article 4A Amendments Legislative Fact Sheet.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Supporting Document- UCC Article 9 Amendments Legislative Fact Sheet.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| HB9 Supporting Documents- Letter Joe Everhart 1-28-13.pdf |
SJUD 4/5/2013 1:30:00 PM |
HB 9 |
| Alaska Timber Industry History - SE Alaska.pdf |
SJUD 4/5/2013 1:30:00 PM |
SCR 2 |
| Letter of Support SCR2 from First Things First Alaska Foundation.pdf |
SJUD 4/5/2013 1:30:00 PM |
SCR 2 |
| SCR 2 Sponsor Statement - Acquire Tongass Timber Land.pdf |
SJUD 4/5/2013 1:30:00 PM |
SCR 2 |
| SCR2 Resolution 28-LS0676U.pdf |
SJUD 4/5/2013 1:30:00 PM |
|
| Report by Alaska Timber Jobs Task Force.pdf |
SJUD 4/5/2013 1:30:00 PM |
SJR 2 |
| SB 60 Testimony from Craig Fleenor.pdf |
SJUD 4/5/2013 1:30:00 PM |
SB 60 |
| SB 60 Letter from Max Worhatch.pdf |
SJUD 4/5/2013 1:30:00 PM |
SB 60 |
| SB 60 Letter from Sealaska Heritage Institute.pdf |
SJUD 4/5/2013 1:30:00 PM |
SB 60 |
| SB 60 Carl Porter Letter.pdf |
SJUD 4/5/2013 1:30:00 PM |
SB 60 |